UN Guide for Anti-Corruption Policies - United Nations Office on ...

presently the case. These provisions are intended to set minimum standards only. Countries
can go further in bilateral or regional arrangements, and are in fact encouraged to do so.
Under article 16, extradition from another State Party may be sought <strong>for</strong> the four specific
offences established by the Convention independently of the involvement of an organized
criminal group given the offence itself is punishable by the domestic laws of both States.
Where extradition is refused solely on the ground that the concerned person is one of the
requested State Party’s nationals, the requested State Party shall, at the request of the State
Party seeking extradition, be obliged to submit the case without undue delay to its competent
authorities <strong>for</strong> the purposes of prosecution (article 16, par.10).
Also, States Parties may not refuse a request <strong>for</strong> extradition on the sole ground that the
offence is also considered to involve fiscal matters (article 16, par. 15).
On the basis of article 18 the widest measure of mutual legal assistance can be requested
from another State Party <strong>for</strong> any investigation, prosecution or judicial proceedings in relation
to offences covered by the Convention. The provisions of this article can be used to obtain
statements or other evidence, conduct searches or seizures, serve judicial documents,
examine objects or sites, obtain original documents or certified copies, identify or trace
proceeds of crime or other property, obtain bank, corporate or other records, facilitate the
appearance of persons in the requesting state party, or any other <strong>for</strong>m of assistance
permitted by the laws of the states involved (article 18, par.3). Since the range of <strong>for</strong>ms of
assistance available is generally consistent with many existing legal assistance agreements,
the major significance of the Convention provisions will be that these extend mutual legal
assistance to a much greater number of countries than is presently the case. According to
article 18, par. 8, States Parties to the <strong>UN</strong> Convention shall not decline to render mutual legal
assistance on the ground of bank secrecy.
In addition, the <strong>UN</strong> Convention also provides the general basis <strong>for</strong> conducting joint
investigations (article19), co-operation in special investigative procedures, such as electronic
surveillance, and general law-en<strong>for</strong>cement co-operation (articles 20 and 27). The
development of domestic training programmes and the provision of technical assistance to
other States in training matters are also encouraged (articles 29 and 30).
18. Protocol relating to the Mechanism <strong>for</strong> Conflict Prevention, Management, Resolution,
Peacekeeping and Security-ECOWAS 87
With reference to the Accra declaration on collaborating against corruption, ECOWAS, the
Attorney-Generals and Ministers of Justice of the Member States of the Economic Community
of West African States (ECOWAS) met in Accra <strong>for</strong> talks on "collaborating against corruption:
toward effective strategies and mechanisms". The ECOWAS Revised Treaty and the
provisions of the Protocol on the Mechanism <strong>for</strong> Conflict Prevention, Management, Resolution,
Peacekeeping and Security give the mandate to ECOWAS Member States to eradicate
corruption within their territories. Noting the limitations of the existing protocols, rules,
regulations and norms against corruption within Member States and the Community at large,
they expressed their determination to confront corruption collectively. The conference called
<strong>for</strong> the harmonisation of the laws of Member States in a protocol including extradition,
financial disclosure and judicial processes, and <strong>for</strong> collaboration between public, private and
non-state actors, including a free and responsible media.
87 Not yet in <strong>for</strong>ce
129