BAKU, Azerbaijan, September 30. Azerbaijani Parliament has ratified the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters during today's plenary meeting, Trend's correspondent attending the parliamentary session reports.
The Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters was signed in Strasbourg on November 8, 2001. The protocol aims to improve the provisions of the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, and facilitate more effective international legal cooperation in criminal matters.
The protocol expands the scope of mutual legal assistance, clarifies procedures for submitting and executing requests for assistance, and provides for direct contacts and electronic communication between competent authorities of the parties. It also regulates the questioning of witnesses and experts via videoconference and telephone conference, the transmission of information without a request, the temporary transfer of persons in custody, witness protection, provisional measures, confidentiality and personal data protection.
Furthermore, the protocol establishes cooperation mechanisms for serving procedural documents and court decisions, cross-border surveillance, controlled delivery, covert investigations and the establishment of joint investigation teams.
Azerbaijan is expected to approve the protocol with relevant reservations and declarations.
Under Article 33(2) of the protocol, Azerbaijan reserves the right not to apply Articles 16, 17, 18, 19 and 20 of the protocol. These provisions regulate the service of procedural documents and court decisions by mail, cross-border surveillance, controlled delivery, covert investigations and joint investigation teams.
According to Azerbaijan's declarations, the Ministry of Justice and the Prosecutor General's Office of Azerbaijan will be designated as central authorities for relevant requests and other correspondence concerning mutual legal assistance. Requests sent electronically or through other telecommunications means must subsequently be submitted in writing in their original form.
Under the protocol, district (city) courts, courts of serious crimes, appellate courts and the Prosecutor General's Office of Azerbaijan will be considered judicial authorities for the convention.
In addition, Azerbaijan will make declarations concerning the conditions for using information transmitted without a request, obtaining the consent of persons in custody for their temporary transfer, and applying relevant safeguards related to the transfer and use of personal data.
Moreover, it will also be declared that, until the consequences of the conflict are eliminated and relations between Azerbaijan and Armenia are normalized, the provisions of the protocol will not be applied by Azerbaijan in its relations with Armenia.
Overall, the Second Additional Protocol is aimed at modernizing mechanisms for mutual legal assistance in criminal matters, enabling more flexible and efficient cooperation between the competent authorities of the parties, and facilitating the use of modern communication and procedural tools. The protocol also provides safeguards to ensure respect for the fundamental principles of national legislation, individual rights, confidentiality and personal data protection when assisting.
Following discussions, the draft law on the approval of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters was put to a vote and adopted in one reading.
