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the requesting State Party; (i) Any other type of assistance that is not contrary to the domestic law of the requested State Party. 4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquiries and criminal proceedings or could result in a request formulated by the latter State Party pursuant to this Convention. 5. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay. 6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance. 7. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty of mutual legal assistance. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation. Legal / Policy Materials Compilation, Day 2, Part 2 - 108 -
8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy. 9. States Parties may decline to render mutual legal assistance pursuant to this article on the ground of absence of dual criminality. However, the requested State Party may, when it deems appropriate, provide assistance, to the extent it decides at its discretion, irrespective of whether the conduct would constitute an offence under the domestic law of the requested State Party. 10. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by this Convention may be transferred if the following conditions are met: (a) The person freely gives his or her informed consent; (b) The competent authorities of both States Parties agree, subject to such conditions as those States Parties may deem appropriate. 11. For the purposes of paragraph 10 of this article: (a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred; (b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties; (c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person; Legal / Policy Materials Compilation, Day 2, Part 2 - 109 -
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TABLE OF CONTENTS Page Introduction
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Workshop. The full list of delegate
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of the three Working Groups. Recomm
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Day 3: Response Effective and Coord
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ACKNOWLEDGEMENTS 28. The Chairperso
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• The specialist function should
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• In the absence of victim cooper
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2007 UN Global Initiative to Fight
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Reference Documents Compilation of
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DAY 2 Workshop Theme Day 2. “Effe
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Working Group Sessions 14.00 - 15.3
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Reference Documents The Paris Decl
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Ms. Kate Moloney First Secretary (P
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Tel: +86 10 66262888 Fax: +86 10 66
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Ms. Yumiko Tanaka Senior Regional A
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Tel: +603 22627026 E-mail: rajakopa
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Pathumwan, Bangkok Tel: +66 2 254 2
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Children, Juveniles and Women Divis
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Ministry of Foreign Affairs Bangkok
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Fax: +0084 4 7335117 E-mail: trucnt
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Tel: +856 21 413204 Fax: +856 21 41
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OBSERVERS CIDA - SEARCH Project Mr.
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Mr. Jarat Kheereesantikul Investiga
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Programme Analyst - Human Rights UN
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Tel: 662 215 3388 Fax: 662 215 8272
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Tel: +662 251 6956 Fax: +66 2 253 3
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Bangkok, Thailand E-mail: saisuree1
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Ms. Bronte Moules Deputy Ambassador
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Note: The present document contains
Page 60 and 61: 3. In the absence of an agreement o
Page 62 and 63: (b) To provide factual, concrete he
Page 64 and 65: including international or regional
Page 66 and 67: Extract 2: United Nations Protocol
Page 68 and 69: Extract 3: United Nations Principle
Page 70 and 71: access to independent 1egal counsel
Page 72 and 73: Extract 5: Criminal Justice Respons
Page 74 and 75: 5. Relevant agencies should be enco
Page 76 and 77: Note: The present document contains
Page 78 and 79: United Nations Protocol to Prevent,
Page 80 and 81: Criminal Justice Responses to Traff
Page 82 and 83: 4. Each State Party may also adopt
Page 84 and 85: 2. Each State Party shall ensure th
Page 86 and 87: immediate support is not discretion
Page 88 and 89: 15. Promoting greater gender and ch
Page 90 and 91: United Nations Principles and Guide
Page 92 and 93: TOPIC 5: RIGHT OF VICTIMS TO A REME
Page 94 and 95: TOPIC 6: SPECIAL PROTECTIONS FOR CH
Page 96 and 97: 9. Protecting, as appropriate, the
Page 98 and 99: 7. There should be close co-operati
Page 100 and 101: MEASURES AGAINST CORRUPTION 1. In a
Page 102 and 103: Note: The present document contains
Page 104 and 105: cooperation on extradition with oth
Page 106 and 107: 15. States Parties may not refuse a
Page 108 and 109: 1. The conclusion and effective imp
Page 112 and 113: (d) The person transferred shall re
Page 114 and 115: 18. Wherever possible and consisten
Page 116 and 117: prosecution or judicial proceeding
Page 118 and 119: Part 2. D. International Legal / Ju
Page 120 and 121: TOPIC 3: RECOVERY OF PROCEEDS OF TR
Page 122 and 123: (b) Submit to its competent authori
Page 124 and 125: domestic law and if so requested, g
Page 126 and 127: TOPIC 4: LAUNDERING OF THE PROCEEDS
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