A/AC.291/L.15 Chapter IV Procedural measures and law enforcement Article 23. Scope of procedural measures 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this chapter for the purpose of specific criminal investigations or proceedings. 2. Except as provided otherwise in this Convention, each State Party shall apply the powers and procedures referred to in paragraph 1 of this article to: (a) The criminal offences established in accordance with this Convention; (b) Other criminal offences committed by means of an information and communications technology system; and (c) The collection of evidence in electronic form of any criminal offence. 3. (a) Each State Party may reserve the right to apply the measures referred to in article 29 of this Convention only to offences or categories of offences specified in the reservation, provided that the range of such offences or categories of offences is not more restricted than the range of offences to which it applies the measures referred to in article 30 of this Convention. Each State Party shall consider restricting such a reservation to enable the broadest application of the measures referred to in article 29; (b) Where a State Party, owing to limitations in its legislation in force at the time of the adoption of this Convention, is not able to apply the measures referred to in articles 29 and 30 of this Convention to communications being transmitted within an information and communications technology system of a service provider which: (i) Is being operated for the benefit of a closed group of users; and (ii) Does not employ public communications networks and is not connected with another information and communications technology system, whether public or private; that State Party may reserve the right not to apply these measures to such communications. Each State Party shall consider restricting such a reservation to enable the broadest application of the measures referred to in articles 29 and 30 of this Convention. Article 24. Conditions and safeguards 1. Each State Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in this chapter are subject to conditions and safeguards provided for under its domestic law, which shall provide for the protection of human rights, in accordance with its obligations under international human rights law, and which shall incorporate the principle of proportionality. 2. In accordance with and pursuant to the domestic law of each State Party, such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, include, inter alia, judicial or other independent review, the right to an effective remedy, grounds justifying application, and limitation of the scope and the duration of such power or procedure. 3. To the extent that it is consistent with the public interest, in particular the proper administration of justice, each State Party shall consider the impact of the powers and procedures in this chapter upon the rights, responsibilities and legitimate in terests of third parties. 4. The conditions and safeguards established in accordance with this article shall apply at the domestic level to the powers and procedures set forth in this chapter, both 12/41 V.24-14137