International International Cooperation in Criminal Cooperation in Criminal

MattersMatters

Extradition and Mutual Legal Extradition and Mutual Legal Assistance in Transnational Assistance in Transnational

InvestigationsInvestigations

The Department of International The Department of International Affairs in the Office of the State Affairs in the Office of the State

Attorney – Ministry of JusticeAttorney – Ministry of Justice

► Legal assistance Legal assistance

► ExtraditionExtradition

► Transfer of sentenced personsTransfer of sentenced persons

► Child abductionChild abduction pursuant to the Hague pursuant to the Hague convention on the civil aspects of convention on the civil aspects of international child abductioninternational child abduction

What are the legal tools that form the What are the legal tools that form the basis of International Cooperation?basis of International Cooperation?

BilateralBilateral mutual legal assistance/extradition mechanisms. mutual legal assistance/extradition mechanisms.

MultilateralMultilateral subject-matter conventions subject-matter conventions ►European Convention on Extradition European Convention on Extradition (50 countries party, among (50 countries party, among them 3 non-members of the Council of Europe –S. Korea, S. Africa and them 3 non-members of the Council of Europe –S. Korea, S. Africa and Israel)Israel)►European Convention on Mutual Legal Assistance in Criminal European Convention on Mutual Legal Assistance in Criminal Matters Matters (49 countries party, among them 5 non-members of the (49 countries party, among them 5 non-members of the Council of Europe – Brazil, Chile, S. Korea, S. Africa and Israel)Council of Europe – Brazil, Chile, S. Korea, S. Africa and Israel)►UN Convention Against Transnational Organized CrimeUN Convention Against Transnational Organized Crime (Protocol to (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Women and Children, supplementing the United Nations Convention against Transnational Organized Crimeagainst Transnational Organized Crime►United Nations Convention against Illicit Traffic in Narcotic Drugs United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988and Psychotropic Substances of 1988►United Nations Convention against CorruptionUnited Nations Convention against Corruption

What are the legal tools that form the What are the legal tools that form the basis of International Cooperation?basis of International Cooperation?

Ad-Hoc CooperationAd-Hoc Cooperation

Israel's legal assistance law of 1998 permits assistance in both the Israel's legal assistance law of 1998 permits assistance in both the investigative investigative and judicial phases of a case and permits all lawful actions relating to the and judicial phases of a case and permits all lawful actions relating to the investigation or prosecution of offences if the crime had occurred in Israel investigation or prosecution of offences if the crime had occurred in Israel

Police-to-Police channelsPolice-to-Police channels

Fast response times, efficient transfer of information – however, Fast response times, efficient transfer of information – however, inadmissible as inadmissible as evidence in eventual criminal proceedings. evidence in eventual criminal proceedings.

What are some obstacles faced in What are some obstacles faced in the pursuit of international the pursuit of international

cooperation? cooperation? Recent Israeli cases:Recent Israeli cases:

Medicus Clinic, Pristina - Cooperation with EULEX rule of law Medicus Clinic, Pristina - Cooperation with EULEX rule of law mission in Kosovo, June 2012mission in Kosovo, June 2012: :

http://www.aljazeera.com/news/europe/2013/04/2013429152858127627http://www.aljazeera.com/news/europe/2013/04/2013429152858127627.html.html

-5 full days of video conference testimony – 23 witnesses 5 full days of video conference testimony – 23 witnesses summoned, 22 provided VC testimony.summoned, 22 provided VC testimony.

-Domestic investigations in Israel and Turkey Domestic investigations in Israel and Turkey

-Israeli recipients as well as donors Israeli recipients as well as donors

Mutual Legal Assistance Mutual Legal Assistance domestic domestic investigationinvestigation

(Israel)(Israel)

Mutual Legal Assistance Mutual Legal Assistance domestic domestic investigationinvestigation

(Turkey)(Turkey)

Using Extradition and MLA in Using Extradition and MLA in domestic proceedingsdomestic proceedings

►Recent convictions in Israel in a large-Recent convictions in Israel in a large-scale prostitution ring scale prostitution ring

►Challenges and efficacy – joint Challenges and efficacy – joint investigationsinvestigations

►Videoconference – is it really so easy?Videoconference – is it really so easy?

Use of Videoconference in Use of Videoconference in Criminal ProceedingsCriminal Proceedings

Explanatory report - 2nd Additional Protocol to the Explanatory report - 2nd Additional Protocol to the European Convention on Mutual Legal Assistance in European Convention on Mutual Legal Assistance in

Criminal MattersCriminal Matters

6. 6. The purpose of this Protocol is to reinforce the ability of member The purpose of this Protocol is to reinforce the ability of member States, as well as partner States, adequately to respond to crimeStates, as well as partner States, adequately to respond to crime.” .” This purpose is intended to be reached by improving and This purpose is intended to be reached by improving and supplementing the European Convention on Mutual Assistance in Criminal Matters done at Strasbourg on 20 April 1959, (henceforth "the Convention") as well as the Additional Protocol thereto, done at Strasbourg on 17 March 1978 (henceforth Protocol 1). [At the same time, it takes into consideration the need to protect individual rights within the processing of personal data.]

7. That purpose is achieved by way of 7. That purpose is achieved by way of modernising the existing provisions modernising the existing provisions governing mutual assistance, extending the range of circumstances governing mutual assistance, extending the range of circumstances in which mutual assistance may be requested, facilitating assistance in which mutual assistance may be requested, facilitating assistance and making it quicker and more flexibleand making it quicker and more flexible. .

8. 8. It takes due account ofIt takes due account of political and social developments in Europe and political and social developments in Europe and technological changestechnological changes worldwide. worldwide.

Thank you!Thank you!