351.1 Mutual Assistance a. prosecution of criminal offences as provided for in Article 1 paragraph 3; b. administrative measures against an offender; c. execution of criminal judgments and pardons; d. compensation for unjustified detention.102 Assistance may also be granted to the European Court of Human Rights and to the European Commission on Human Rights in proceedings regarding the safeguarding of human rights and fundamental freedoms. 4 Assistance which will exonerate a defendant is permitted even if the request is inadmissible under Articles 3–5. 5 Art. 64 Compulsory measures Measures under Article 63 which require the use of procedural compulsion may be ordered only if the description of the circumstances of the case indicates that the offence being prosecuted abroad contains the objective elements of an offence under Swiss law. The measures must be carried out in accordance with Swiss law. 1 If the offence prosecuted abroad is not an offence in Switzerland, measures under Article 63 which require the use of procedural compulsion shall be allowed for: 2 a. the exoneration of a defendant; b.103 the Art. 65105 1 prosecution of offences involving sexual acts with minors.104 Application of foreign law At the express request of the foreign State: a. the statements of witnesses or experts shall be affirmed in the form prescribed by the laws of the requesting State, even if the applicable Swiss law does not provide such a form; b. forms necessary to obtain other evidence that is admissible in court may be taken into consideration. Forms for obtaining and affirming evidence according to paragraph 1 must be compatible with Swiss law, and no essential prejudice may result therefrom to the persons involved. 2 A person may also refuse to testify provided the law of the requesting State so provides or if the fact of testifying may cause criminal or disciplinary sanctions to be imposed under the laws of that State or of the State where the examined person lives. 3 Art. 65a106 Presence of persons participating in proceedings abroad When the requesting State, based on its law, so requests, persons who are participating in proceedings abroad may be authorised to attend mutual assistance proceedings and to have access to the files. 1 102 103 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Amended by Annex No 16 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). 104 Amended by Annex No 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). 105 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 106 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 24