A/AC.291/L.15
18. Wherever possible and consistent with fundamental principles of domestic law,
when an individual is in the territory of a State Party and has to be heard as a witness,
victim or expert by the judicial authorities of another State Party, the first State Party
may, at the request of the other, permit the hearing to take place by videoconference
if it is not possible or desirable for the individual in question to appear in person in
the territory of the requesting State Party. States Parties may agree that the hearing
shall be conducted by a judicial authority of the requesting State Party and attended
by a judicial authority of the requested State Party. If the requested State Party does
not have access to the technical means necessary for holding a videoc onference, such
means may be provided by the requesting State Party, upon mutual agreement. [ agreed
ad referendum]
19. The requesting State Party shall not transmit or use information or evidence
furnished by the requested State Party for investigations, prosecutions or judicial
proceedings other than those stated in the request without the prior consent of the
requested State Party. Nothing in this paragraph shall prevent the requesting State
Party from disclosing in its proceedings information or evidence that is exculpatory
to an accused person. In the latter case, the requesting State Party shall notify the
requested State Party prior to the disclosure and, if so requested, consult with the
requested State Party. If, in an exceptional case, advance notice is not possible, the
requesting State Party shall inform the requested State Party of the disclosure without
delay. [agreed ad referendum]
20. The requesting State Party may require that the requested State Party keep
confidential the fact and substance of the request, except to the extent necessary to
execute the request. If the requested State Party cannot comply with the requirement
of confidentiality, it shall promptly inform the requesting State Party. [ agreed ad
referendum]
21.
Mutual legal assistance may be refused:
(a)
If the request is not made in conformity with the provisions of this article;
(b) If the requested State Party considers that execution of the request is likely
to prejudice its sovereignty, security, ordre public or other essential interests;
(c) If the authorities of the requested State Party would be prohibited by its
domestic law from carrying out the action requested with regard to any similar
offence, had it been subject to investigation, prosecution or judicial proceedings under
their own jurisdiction;
(d) If it would be contrary to the legal system of the requested State Party
relating to mutual legal assistance for the request to be granted.
22. Nothing in this Convention shall be interpreted as imposing an obligation to
afford mutual legal assistance if the requested State Party has substantial grounds for
believing that the request has been made for the purpose of prosecuting or punishing
a person on account of that person’s sex, race, language, religion, nationality, ethnic
origin or political opinions, or that compliance with the request would cause prejudice
to that person’s position for any one of these reasons.
23. States Parties may not refuse a request for mutual legal assistance on the sole
ground that the offence is also considered to involve fiscal matters. [ agreed ad
referendum]
24. States Parties shall not decline to render mutual legal assistance pursuant to this
article on the ground of bank secrecy. [agreed ad referendum]
25. Reasons shall be given for any refusal of mutual legal assistance. [ agreed ad
referendum]
26. The requested State Party shall execute the request for mutual legal assistance
as soon as possible and shall take as full account as possible of any deadlines
suggested by the requesting State Party and for which reasons are given, preferably
in the request. The requested State Party shall respond to reasonable requests by the
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