NCJ Number
237734
Date Published
October 2011
Length
12 pages
Annotation
This report reviews States parties' (United Nation member countries that signed onto a U.N. Convention) progress in implementing chapter IV of the United Nations Convention Against Corruption, a chapter that addresses international cooperation.
Abstract
This report reviews States Parties' reports on the successes, good practices, challenges, observations, and technical assistance needs they have experienced in efforts to implement chapter IV of the Convention Against Corruption. Regarding the Convention's extradition proceedings, all States parties that prepared implementation reports have regulated extradition in their domestic legal systems, albeit with significant differences stemming from their different legal systems. All of the States parties' legislation specified the commission of a political offense as being grounds for refusing extradition. Regarding the transfer of sentenced persons, most States parties had a legal framework for implementing the transfer of sentenced persons in accordance with Convention provisions. Regarding Convention provisions on mutual legal assistance, the extent and scope of structures for such assistance varied among the States parties. In most of the reporting States parties, requests for mutual legal assistance could not be declined on the basis of bank secrecy, although in some cases, access to bank records had to be duly authorized by prosecuting or judicial authorities. Three of the States parties reported that their legal system did not have any provisions that regulated the transfer of criminal proceedings between States parties. Regarding law enforcement cooperation, membership in INTERPOL was generally regarded as facilitating law enforcement cooperation at the international level; however, reviewers noted that INTERPOL cannot replace direct channels of communication between relevant authorities and agencies of other States parties. Regarding joint investigations, only three reporting States parties had been parties to bilateral or multilateral agreements or arrangements for the establishment of joint investigative bodies. Special investigative techniques are also discussed.