Mauritius And India Exchange Legal Assistance Treaty Papers

by Lorys Charalambous, Tax-News.com, Cyprus

08 June 2006

The governments of Mauritius and India have exchanged documents relating to the Mutual Legal Assistance Treaty in Criminal Matters, which was signed last year.

The Exchange of Instruments of Ratification was performed by the Senior Chief Executive of the Prime Minister's Office, Mr Raj Mudhoo and the High Commissioner of India, Mr Pripuran Singh Haer.

While the agreement will consolidate and enhance the existing relationship and partnership between the two countries on criminal matters, it also will allow Mauritius and India to deal with new forms of crime resulting from the effects of globalization, such as cyber-crimes, terrorism and transnational crimes.

The agreement allows for a series of actions to be taken on the ground of mutual legal assistance as far as criminal matters are concerned. For instance, appearance of witnesses or the assistance of persons in investigations will be facilitated.

In addition to other forms of assistance, both countries will help each other in providing information, documents and records in criminal matters, and in taking measures to locate, restrain or forfeit the proceeds of crime.

Salient features of the Agreement are:

• To improve the effectiveness of both counties in the suppression, investigation and prosecution of crime, including crime relating to terrorism, and tracing, restraint, forfeiture or confiscation of the proceeds and instruments of crime through cooperation and mutual legal assistance in criminal matters.
• 'Criminal matters' means, for India, investigations, inquiries, trials and other proceedings relating to an offence created by Parliament or by the legislature of State; and, for the Republic of Mauritius, subject to the laws of the Republic of Mauritius, investigations, inquiries or other proceedings relating to a statutory offence.
• Mutual legal assistance includes: locating and identifying persons and objects; serving documents, including documents seeking the attendance of persons; providing information, documents and records; providing objects, including lending exhibits; search and seizure; taking evidence and obtaining statements; authorizing the presence of persons from Requesting State at the execution of requests; making detailed persons available to give evidence or assist investigations; facilitating appearance of witnesses or the assistance of persons in investigations; taking measure to locate, restrain or forfeit the proceeds of crime and other form of assistance not prohibited by the law of the Requested State.
• Mutual legal assistance is to be granted irrespective of whether the assistance is sought or to be provided by a court or some other competent authority.
• Assistance may be refused if the execution of the request would impair sovereignty, security, public order or other essential interest, or prejudice the safety of any persons; if the execution of the request would be contrary to the domestic law of the Requested State; or if the request relates to an offence in respect of which the accused person had been acquitted or pardoned.

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