Summary.
The bill approves in full the Cooperation Convention among the Member States of the Conference of Ministers of Justice of Ibero-American Countries on Joint Investigation Teams. The convention allows the competent authorities of several States Parties to request a joint team when a criminal investigation requires coordinated action. A team operates in the territories of the states that establish it under the law of the place where it acts. It is formed through a Technical Cooperation Instrument for a defined purpose and period, with a view to introducing evidence into proceedings. The text distinguishes central authorities, competent authorities, team members and participants; participants may also come from international organizations or third countries.
A request passes between central authorities using the form in Annex 1. It must identify the invited Parties, the authorities conducting the investigation, the facts and reasons for the request, the applicable criminal provisions, proposed procedures, proposed members and participants, estimated duration, and a draft technical instrument. The requesting Party writes it in its own language and translates it into the invited Party’s language if asked. Before forwarding it, its central authority checks compliance with the convention. Transmission must be prompt and secure, preserve confidentiality, and allow receipt to be verified. Acceptance is communicated through the central authorities and leads to signature of the instrument by the competent authorities or their designees. A refusal must give reasons and be communicated promptly. Competent authorities may delegate authority to approve the submission or rejection of requests to central authorities.
The technical instrument identifies the authorities and states involved, the purpose and duration, the team leaders, members and participants, their functions and responsibilities, and the investigative measures and operating rules. Where applicable, it is drafted in the official languages of all participating Parties. The Parties may agree to change the purpose, duration and measures. Team leaders direct investigations and undertake investigative steps under the criminal procedure law of the state where the team acts. The Parties may add members from other states or international organizations; their rights depend on the agreement. Civil and criminal liability follows the law of the place of action, while administrative liability follows the law of the Party or organization to which each person belongs. Unless otherwise agreed, the Parties that initiated the team bear investigation expenses, excluding salaries and remuneration.
Evidence and information are used for the alleged acts that prompted the team, unless the Parties agree otherwise; they may also agree to treat them as confidential. A Party may request investigative steps that additionally meet requirements of its own law if compatible with the law of the place of action. Documents transmitted or certified through central authorities are exempt from legalization. Each Party identifies its central and competent authorities to the depositary when depositing its ratification instrument and may replace them by giving notice. The convention preserves more favorable rules in other agreements, treaties or conventions and refers disputes to consultations between central authorities or diplomatic channels.
The convention enters into force thirty days after deposit of the third ratification instrument; for a later ratification or accession, it takes effect thirty days after that state’s deposit. It permits amendments agreed by all Parties and reservations made upon signature or deposit of a ratification or accession instrument. It remains in force indefinitely and allows denunciation, effective one hundred and eighty days after notice, while pending requests continue through completion. The Secretary General of the Conference of Ministers of Justice of Ibero-American Countries, COMJIB, serves as depositary. Annex 1 provides request and formation forms, including identification requirements, specific conditions, and periodic and final team evaluations. The convention was signed in Viña del Mar, Chile; its background cites the Conference’s constituent treaty, the MERCO SUR Framework Agreement made in Buenos Aires, and the European Union Framework Decision. The proposed law would take effect upon promulgation. Its provisions concern criminal investigation and international cooperation authorities and may be of interest to sectors involved in criminal justice and the prevention of organized crime.
What it proposes.
- Approval of an international cooperation convention on criminal investigations.
- Creation and operation of joint investigation teams.
- Exchange and use of evidence and information obtained by those teams.
Who it would affect.
- States Parties to the convention.
- Central and competent authorities responsible for criminal investigations.
- Leaders, members and participants of joint investigation teams.
Key points.
- Approves the entire convention, which allows joint teams to be formed for criminal investigations requiring coordination among States Parties.Art. 1
- Requires a request transmitted between central authorities stating the facts, grounds, members, procedures and estimated duration of the investigation.Art. 1
- Provides for competent authorities to formalize a technical instrument specifying the team’s purpose, duration, composition and activities.Art. 1
- Subjects team activities to the law of the state where they occur and allocates liability and expenses among the Parties under the convention’s rules.Art. 1
- Limits use of evidence and information to the acts that prompted the team, unless the Parties agree otherwise.Art. 1
- Governs ratification, amendments, reservations, denunciation and the depositary’s functions.Art. 1
- Provides that the approving law would take effect upon promulgation.Art. 2