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Article 19.Joint investigationsA. Negotiation textsRolling text (A/AC.254/4/Rev.5)Fifth session: 4-15 October 1999“Article 14 bis“Joint investigations 1, 2“On a reciprocal basis, States Parties shall consider concluding bilateral or multilateralagreements or understandings whereby, in relation to matters that are the subject<strong>of</strong> criminal proceedings in one or more States, the judicial authorities concernedmay, where necessary together with police authorities, after informing the centralauthority or authorities referred to in paragraph 8 <strong>of</strong> article 14, act together withinjoint investigative bodies. In the absence <strong>of</strong> such agreements or understandings, suchjoint investigations may be undertaken by agreement on a case-by-case basis.”Ninth session: 5-16 June 2000Notes by the Secretariat1. The <strong>version</strong> <strong>of</strong> article 14 bis contained in <strong>document</strong> A/AC.254/4/Rev.5 remainedunchanged in the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.6-8).Rolling text (A/AC.254/4/Rev.9 and Corr.1)“Article 14 bis“Joint investigations“States Parties shall consider concluding bilateral or multilateral agreements orunderstandings <strong>of</strong> a reciprocal nature whereby, in relation to matters that are the subject<strong>of</strong> criminal proceedings in one or more States, the judicial authorities concerned1The text <strong>of</strong> <strong>this</strong> article was based on a proposal submitted by Italy at the fourth session <strong>of</strong> the Ad Hoc Committee(28 June-9 July 1999) in the context <strong>of</strong> the discussion on article 14 <strong>of</strong> the draft convention (Mutual legal assistance)(seeA/AC.254/5/Add.8).2The issue <strong>of</strong> whether to include a separate article on joint investigations or deal with <strong>this</strong> matter in the context <strong>of</strong>article 19, paragraph 2 (c) <strong>of</strong> the draft convention was to be considered. At the fifth session <strong>of</strong> the Ad Hoc Committee,Italy undertook to consider the presentation <strong>of</strong> a possible reformulation <strong>of</strong> article 14 bis at a subsequent session. The reformulationcould include the following sentence: “The States Parties involved shall ensure that the sovereignty <strong>of</strong> the StateParty in whose territory the investigation is to take place is fully respected” (see the reformulated proposal submitted byItaly at the eighth session <strong>of</strong> the Ad Hoc Committee in <strong>document</strong> A/AC.254/L.154, supported, inter alia, by Azerbaijan (seeA/AC.254/L.199)).201

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