A/AC.291/L.15
requesting State Party on the status, and progress in its handling, of the request. The
requesting State Party shall promptly inform the requested State Party when the
assistance sought is no longer required. [agreed ad referendum]
27. Mutual legal assistance may be postponed by the requested State Party on the
ground that it interferes with an ongoing investigation, prosecution or judicial
proceeding. [agreed ad referendum]
28. Before refusing a request pursuant to paragraph 21 of this article or postponing
its execution pursuant to paragraph 27 of this article, the requested State Party shall
consult with the requesting State Party to consider whether assistance may be grant ed
subject to such terms and conditions as it deems necessary. If the requesting State
Party accepts assistance subject to those conditions, it shall comply with the
conditions. [agreed ad referendum]
29. Without prejudice to the application of paragraph 11 of this article, a witness,
expert or other person who, at the request of the requesting State Party, consents to
give evidence in a proceeding or to assist in an investigation, prosecution or judici al
proceeding in the territory of the requesting State Party shall not be prosecuted,
detained, punished or subjected to any other restriction of the person’s liberty in that
territory in respect of acts, omissions or convictions prior to the person’s depa rture
from the territory of the requested State Party. Such safe conduct shall cease when the
witness, expert or other person having had, for a period of 15 consecutive days or for
any period agreed upon by the States Parties from the date on which the per son has
been officially informed that the presence of the person is no longer required by the
judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily
in the territory of the requesting State Party or, having left it, has retu rned of the
person’s own free will. [agreed ad referendum]
30. The ordinary costs of executing a request shall be borne by the requested State
Party, unless otherwise agreed by the States Parties concerned. If expenses of a
substantial or extraordinary nature are or will be required to fulfil the request, the
States Parties shall consult to determine the terms and conditions under which the
request will be executed, as well as the manner in which the costs shall be borne.
[agreed ad referendum]
31.
The requested State Party:
(a) Shall provide to the requesting State Party copies of government records,
documents or information in its possession that under its domestic law are available
to the general public;
(b) May, at its discretion, provide to the requesting State Party, in whole, in
part or subject to such conditions as it deems appropriate, copies of any government
records, documents or information in its possession that under its domestic law are
not available to the general public.
[agreed ad referendum]
32. States Parties shall consider, as may be necessary, the possibility of concluding
bilateral or multilateral agreements or arrangements that would serve the purposes of,
give practical effect to or enhance the provisions of this article. [ agreed ad
referendum]
Article 41. 24/7 network
1.
Each State Party shall designate a point of contact available 24 hours a day,
7 days a week, in order to ensure the provision of immediate assistance for the purpose
of specific criminal investigations, prosecutions or judicial proceedings concerning
offences established in accordance with this Convention, or for the collection,
obtaining and preservation of evidence in electronic form for the purposes of
paragraph 3 of this article and in relation to the offences established in accordance
with this Convention, as well as to serious crime.
V.24-14137
25/41