YouSaid · the spoken record

Strang

lines on the record
13
first
2016-12-12
most recent
2016-12-12
sittings or episodes
1
sources
un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

  1. “Otherwise, efforts at effective cooperation will be soon frustrated. Central authorities should therefore act as a node of coordination at a minimum within the Government to follow the status of pending extradition requests and regularly advise their international counterparts on developments. We at the International Institute for Justice and the Rule of Law have developed 10 general principles in support of developing strong central authorities, but let me emphasize, in conclusion, what is and is not at stake. Effective international cooperation in terrorism and in other criminal matters does not threaten national sovereignty; it ensures that it continues to work. Therefore, I thank the Security Council for the opportunity to speak today.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  2. “Requests for extradition must comply with relevant treaties and domestic law, including requirements, such as dual criminality, which is not always necessarily present in the case of mutual legal assistance requests. But here, too, the strong central authority has a role to play. It should be able to ensure that extradition requests from domestic law enforcement and judicial authorities are sufficient and comply with applicable law, treaty or convention before such requests are transmitted. Member States should also empower their central authorities to facilitate the judicial aspects of extradition requests. Extradition proceedings typically involve a judicial phase for which legal expertise is vital. Member States therefore should empower their central authorities to permit them to facilitate the judicial aspect of extradition.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  3. “Where formal mutual legal assistance is not required, central authorities should encourage, where possible, the use of other channels of law enforcement sharing, such as those mentioned by my colleague from Kenya, including police to police channels, INTERPOL and others. Central authorities should be able to discern when formal versus alternative channels to gather evidence or provide assistance are appropriate, and facilitate assistance through formal mutual legal channels without limiting assistance through other law enforcement channels. The goal is to provide evidence that can be used in a court of law. Let me add a word about extradition. It is naturally a little more complicated than the sharing of evidence, as countries often have greater restrictions on extradition, particularly of their own citizens.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  4. “Member States therefore should empower their central authorities to execute requests directly wherever possible or, when they lack legal authority to execute the request directly, central authorities should coordinate directly with the other competent entities within their Government to execute such requests. A word about what central authorities should not do. They should not limit the police to police or other forms of cooperation between governmental law enforcement entities. Instead, they should support it. Some forms of assistance will inevitably require formal requests for mutual legal assistance in order for the information received to be used in court.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  5. “If the receiving central authority is required under its own domestic law to notify a party ofa request, it should certainly notify the sending authority in advance to avoid compromising an ongoing investigation. Member States should actively determine whether or not they need to adjust their domestic law to ensure that such notification is not legally required. Member States should also empower their respective central authorities to take action directly or lead the coordination of the execution of requests. A key component of an effective central authority is its ability to act with authority to ensure the prompt execution of requests. If a central authority lacks the competence to act, then efforts at effective cooperation will be quickly frustrated.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  6. “The use of diplomatic channels, however, can sometimes delay effective investigations and the collection of evidence for use in court, and therefore it was the sense of the central authorities participating in our programme that it should be discouraged. Acentralauthorityshouldmaintaintheconfidentiality of mutual legal assistance and extradition requests in order to protect the integrity of terrorist investigations and prosecutions. Naturally, premature disclosure of a request may not only disrupt a terrorist investigation, including inadvertent notification to the targets of the investigation, who could hide or destroy evidence, move the proceeds of crime or flee the jurisdiction. Therefore, Member States must take steps to treat each request as a confidential matter.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  7. “Member States must encourage their respective central authorities to have regular and direct discussions with their international counterparts. Moreover, direct communication among central authorities permits international counterparts to discuss the status of pending requests and to seek together to overcome challenges that may arise in satisfying such requests. That experience builds trust. Investigations and prosecutions in terrorism cases in particular demand quick and confidential assistance between national authorities. It is therefore a good practice to send such draft requests to receiving central authorities to allow them to begin reviewing that request. Such direct communication can often be made effectively initially through e-mail or by telephone.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  8. “A central authority must be able to function effectively. Without proper resources and dedicated expert and administrative personnel, the work of a central authority will be ineffective. Central authorities should serve to ensure that requests for mutual legal assistance from domestic law enforcement and judicial authorities are sufficient and comply with the terms of applicable law, treaty or convention before such requests are transmitted. While staffing needs will vary, some Member States receive and send thousands of requests each year, and others far fewer, but there still must be experienced practitioners - emphasis on practitioners - assigned to the central authority. Success in the area of judicial cooperation among Member States is naturally based on trust. That trust is built on experience and relationships.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  9. “Sometimes States attempt to create multiple central authorities for different crimes - one for terrorism, one for corruption. We find that this is generally not a helpful approach. It is better for Member States to designate a single central authority in order to concentrate experience and resources, reduce bureaucracy and overlapping authority, and ensure visibility and accountability for all incoming and outgoing requests. The United Nations Office on Drugs and Crime and others have encouraged the creation of regional criminal information-sharing platforms. These can be helpful, but it remains critical that Member States joining such platforms name their existing central authority as their point of contact to the platforms. But it is not merely enough for a Member State to establish an office that is called a central authority.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  10. “At the International Institute for Justice and the Rule of Law (IIJ) in Malta, we have gathered together representatives of central authorities from North, East and West Africa, the United States and the Middle East, Senegal and Egypt. We have had civil law, common law and other legal traditions present to discuss and agree on some basic principles and best practices. My briefing today reflects the collective wisdom of a variety of Member States, as well as my own experiences as a career prosecutor. First, all members must establish a central authority. Various United Nations conventions expressly call upon each Member State to designate a central authority within their government to facilitate mutual legal assistance requests and extraditions.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  11. “These important pieces of evidence will be located with immigrations officials, travel agencies, airlines, banks or on computer servers, in different jurisdictions, where international cooperation between judicial authorities will be required to ensure that relevant evidence can be gathered in a form that can be used in court. Iwould like to focus on today on a key part ofmaking that system work - the role of central authorities, which is recognized in paragraph 13 of the resolution. Central authorities are the national entities responsible for any mutual legal assistance - the sharing of evidence and extradition of individuals.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  12. “That is particularly true for those cases involving the phenomenon of foreign terrorist fighters, whether those individuals are travelling to conflict zones or returning to their own country or to a third country, where there will inevitably be evidence with third countries, including evidence related to their travel, evidence related to the financing of their travel, evidence related to their communications and evidence related to their recruitment or efforts to recruit others through social media, and of course any Victims can be of any nationality.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source

  13. “Mr. Strang: I thank the you, Mr. President, for giving me the opportunity to brief the Security Council on the important issue of international judicial cooperation in terrorism cases in connection with resolution 2322 (2016). Terrorism cases are almost inevitably transnational in nature, and therefore efforts to bring these individuals to justice within a civilian rule of law system require the sharing of evidence across jurisdictions.”

    2016-12-12 · UN Security Council · Security Council, S/PV.7831 (2016) · source