Recently,the international press after the release of impressive data on the extent and size of global underground economy,the region is plunged into crisis. The global transnational crime has grown dramatically,becoming more and more powerful,and becomes a more pressing threat to international stability. We can no longer look the other way,the time has come to fight. On the one hand,we call on all nations to launch local plans to combat and,above all,to prevent crime phenomena. On the other hand we need to have an international legal framework for this purpose,and we believe priority to create new multinational tools to fight crime,at the same time enhancing existing ones.
We want to intensify global cooperation in the fight against crime. To this end,we have proposed the establishment of the International Justice Cooperation Istrumeny (or Intjust),the Regional Government body responsible for investigations and prosecutions concerning two or more Member States and relate to serious crime. Its role is to improve the coordination between the competent authorities of the Member States and facilitate their cooperation in judicial matters. Intjust will also play a vital role in the fight against terrorism.
- Each Member State must appoint a national member to Intjust headquarters: a prosecutor,judge or police officer (the latter must have competencies equivalent to the judge’s or the prosecutor’s) as Permanent National Liason Officer. It is to act on a 24-hour/7-day basis,operating as point of contact beetwen the organization and the member state.
- All the Permanent National Liason Officer form the International Justice Board,responsible for the management of the organization,coordination tasks and for the resolution of disputes within the same.
- The Secretary General of the Esamir-Department of Security & Justice is also the General Director of Intjust.
- These national members are to be assisted by deputies and assistants. They are all subject to the national law of the Member State that appointed them. The length of the term of office of national members is a minimum of four years. The appointing Member State may renew the term. It also decides on the nature of the judicial powers conferred on its national representative.
a) promoting coordination between the competent authorities of the various Member States;
b) facilitating the execution of requests and decisions relating to judicial cooperation.
- Intjust may fulfil its tasks through one or more of the National Permanent Liason Officers or as the Internatinal Justice Board. Intjust may ask the authorities of the Member States concerned,inter alia,to:
a) undertake an investigation or prosecution;
b) set up a Joint Investigation Team (see Section 2,Article 2,Paragraph 3);
c) take special or other investigative measures.
The national authorities are to respond to these requests without delay.
- The International Justice Board issues non-binding opinions in cases where two or more national members are unable to resolve conflicts of jurisdiction as well as where competent authorities report recurrent refusals for, or other difficulties relating to,judicial cooperation.
- Each Member State is to appoint one or more national correspondents for Intjust. Each Member State is also to set up a Intjust national coordination system (National Contact Points) to coordinate the work of the national correspondents.
- A case management system with temporary work files and an index for personal and non-personal data is to be set up by Intjust.
- Personal data are accessible only to National Permanent Liason Officers and their deputies and assistants,to persons participating in Intjust national coordination systems who are connected to the case management system, as well as to authorised organization staff. It should be noted that the obligation of confidentiality continues to apply after the termination of their activities with Intjust.
- The State which is requested to provide mutual assistance (Requested State) must comply with the formalities and procedures specified by the State which made the request (Requesting State) and shall execute the request as soon as possible, taking as full account as possible of the procedural deadlines indicated.
- States must send procedural documents intended for persons who are in the territory of another State to them directly by post. In some cases,the documents may be sent via the competent authorities of the requested State.
- A judicial authority or a central authority in one State may make direct contact with a police or customs authority from another State or,in respect of requests for mutual assistance in relation to proceedings,with an administrative authority from another State. States may refuse to apply this clause or choose to apply it under certain conditions.
- A spontaneous exchange of information (i.e. without prior request) may take place between Member States regarding criminal offences and administrative infringements the punishment or handling of which falls within the competence of the receiving authority.
- A person held on the territory of a State which has requested an investigation may,with the agreement of the competent authorities,be temporarily transferred to the territory of the State in which the investigation is to take place. Where it is required by one of the Member States, the consent of the person concerned is necessary before he can be transferred.
- Two or more States may set up a Joint Investigation Team the composition of which is to be set out in a joint agreement between the States concerned. The team would be set up for a specific purpose and for a limited period of time. An official from the State in which the team is operating would coordinate and lead its activities in the territory of that State.
- Covert investigations may also be carried out by officers acting under covert or false identity, provided that the national law and procedures of the Member State where the investigations take place are complied with.
- Interception may also take place on the territory of a State in which earth satellite equipment is located. In this case, if the technical assistance of that State is not required, the interception is carried out by the service providers in the requesting State. Where interception takes place on the territory of a particular State because of the location of the subject but no technical assistance is needed, the Member State carrying out the interception should inform the other Member State of its action.