A/AC.291/L.15
to apply the provisions of those paragraphs if they facilitate cooperation. [ agreed ad
referendum]
8.
States Parties may decline to render assistance pursuant to this article on the
ground of absence of dual criminality. However, the requested State Party may, when
it deems appropriate, provide assistance, to the extent it decides at its discretion,
irrespective of whether the conduct would constitute an offence under the domestic
law of the requested State Party. Assistance may be refused when requests involve
matters of a de minimis nature or matters for which the cooperation or assistance
sought is available under other provisions of this Convention. [agreed ad referendum]
9.
A person who is being detained or is serving a sentence in the territory of one
State Party and whose presence in another State Party is requested for purposes of
identification, testimony or otherwise providing assistance in obtaining evidence for
investigations, prosecutions or judicial proceedings in relation to offences established
in accordance with this Convention may be transferred if the following conditions are
met:
(a)
The person freely gives informed consent;
(b) The competent authorities of both States Parties agree, subject to such
conditions as those States Parties may deem appropriate.
[agreed ad referendum]
10.
For the purposes of paragraph 9 of this article:
(a) The State Party to which the person is transferred shall have the authority
and obligation to keep the person transferred in custody, unless otherwise requested
or authorized by the State Party from which the person was transferred;
(b) The State Party to which the person is transferred shall, without delay,
implement its obligation to return the person to the custody of the State Party from
which the person was transferred as agreed beforehand, or as otherwise agreed, by the
competent authorities of both States Parties;
(c) The State Party to which the person is transferred shall not require the
State Party from which the person was transferred to initiate extradition proceedings
for the return of the person;
(d) The person transferred shall receive credit for service of the sentence being
served in the State from which the person was transferred for time spent in the custody
of the State Party to which the person was transferred.
[agreed ad referendum]
11. Unless the State Party from which a person is to be transferred in accordance
with paragraphs 9 and 10 of this article so agrees, that person, regardless of the
person’s nationality, shall not be prosecuted, detained, punished or subjected to any
other restriction of liberty in the territory of the State to which that person is
transferred in respect of acts, omissions or convictions prior to the person’s departure
from the territory of the State from which the person was transferred. [ agreed ad
referendum]
12. (a) Each State Party shall designate a central authority or authorities that shall
have the responsibility and power to receive requests for mutual legal assistance and
either to execute them or to transmit them to the competent authorities for executi on.
Where a State Party has a special region or territory with a separate system of mutual
legal assistance, it may designate a distinct central authority that shall have the same
function for that region or territory;
(b) Central authorities shall ensure the speedy and proper execution or
transmission of the requests received. Where the central authority transmits the
request to a competent authority for execution, it shall encourage the speedy and
proper execution of the request by the competent authority;
22/41
V.24-14137