The Saeima has adopted and the President issued the following law: additional protocol to the European Agreement on the transmission of legal aid applications article 1. Additional Protocol to the European Agreement on the transmission of legal aid applications (hereinafter Additional Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. By law to be put to the additional protocol to the English language and its translation into Latvian language. 3. article. This additional Protocol shall enter into force for the period specified in article 6 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted in 2002 the Saeima on 31 October. State v. President Vaira Vīķe-Freiberga in Riga 2002 November 13, Additional Protocol to the European Agreement on the Transmission of applications for Legal Aid [Strasbourg, 8. XI. 2001] the member States of the Council of Europe and the other parties to the European Agreement on the Transmission of applications for Legal Aid, opened for signature in Strasbourg on 27 January 1977 (hereinafter referred to as "the agreement") to do this, signator Protocol, Noting the development and the implementation of the agreement as an effective legal framework for the transmission of applications for legal aid at the pan-European level; Considering that it is desirabl to remove existing removes civil proceedings it abroad and to permit persons in an economically weak position more easily to exercise their rights abroad; The Desiro improves the efficiency of the operation of the agreement and to supplement it in certain aspects, in particular as regards questions relating to mutual assistance between central authorities and to the communications between lawyers and applicants for legal aid; Bearing in mind Resolution (76) 5 on legal aid in civil, commercial and administrative matters; Having regard to Recommendations From. R (99) 6 on the improvement of the practical application of the European Agreement on the Transmission of applications for Legal Aid; Taking into account article 6 of the Convention for the Protection of Human rights and Fundamental Freedom and underlining the need for applicants for legal aid to be able to communicate with their lawyers not only in courts, but also before commencing judicial proceedings; Have agreed as follows: article 1 – purpose and definition 1. The purpose of this Protocol is to amend and supplement in certain aspects, as between the parties to the Protocol, the provision of the agreement. 2. For the purpose of the agreement and of this Protocol, "requested Party" means any Party who receive the an application for legal aid from another Party in accordanc with the provision of the agreement and this Protocol. Article 2 — Co-operation between the parties 1. The parties afford each other promptly of the undertak the wides a measure of mutual assistance in respect of applications for legal aid in civil, commercial or administrative matters which fall within the jurisdiction of the competent authorities of the requested the Party. 2. Subject to the provision of the agreement, the requested Party shall not be made under rejec application the agreement without considering their merit, but shall process them in the most effective way possible in accordanc with domestic procedures, which may include the seeking of further information. Article 3 — Communications between lawyers and applicants 1. The requested Party shall: a. ensur that lawyers appointed to such applicants their represen communicate with these applicants in a language readily understood by them, or (b). that will ensur Costa for translation and/or interpretation of the communications between lawyers and applicants are covered. 2. Where it is not practicabl to apply paragraph 1 above, the requested Party shall provide appropriate means to ensur the effective communications between lawyers and applicants. 3. The form used to transmit applications for legal aid under the agreement and this Protocol shall indicates the languages readily understood by applicants. Article 4: the Efficiency of the procedure Each Party shall deal with applications within a reasonable time and shall require receiving central authorities to: a. a receipt of the acknowledg applications; (b) inform the transmitting authority. of the decision taken on the applications; c. take all cessary not steps to ensur that, whenever possible, a first instance decision is made in respect of all applications within six months, provided all the information needed has been supplied; d. report to transmitting central authorities six months after the date of receiving a complete application, if a decision has not been made, giving details on the progress of the application and any difficult with a decision to which is preventing. Article 5: the Expression of consent to be bound 1. This Protocol shall be open for signature by the States which have signed the agreement, which may express their consent to be bound by either: a. signature without reservation as to ratification, acceptance or approval; or (b) signature subject to acceptance, ratification or approval, followed by ratification, acceptance or approval. 2. A State may not sign this Protocol without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it has already deposited or simultaneously deposits an instrument of ratification, acceptance or approval of the agreement. 3. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. Article 7 — Entry into force 1 this Protocol shall. come into force on the first day of the month following the expiration of a period of three months after the date on which two member States of the Council of Europe have expressed their consent to be bound by the Protocol, in accordanc with the provision of article 5 2. In respect of any State which subsequently express their consent to it be bound by it, the Protocol shall come into force on the first day of the month following the expiration of a period of three months after the date of its signature without reservation as to ratification, acceptance or approval or deposit of its instrument of ratification, acceptance or approval. Article 7 Accession 1 — After the entry into force of this Protocol, any State which has acceded to the agreement may also accede to the Protocol. 2. Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit. Article 8 — Reservation of reservation may be made in respect of any provision of this Protocol. Article 9 – Territorial application 1 Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession specify the territory or territories to which this Protocol shall apply. 2. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General of the Council of Europe. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 10 Denunciation 1 Any Contracting Party, may, in the. so far as it is concerned, denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect six months after the date of receipt of the notification by the Secretary General. 3. the Denunciation of the agreement shall automatically entail denunciation of this Protocol. Article 11: notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Protocol of: a. any signature without reservation in respect of ratification, acceptance or approval; b any signature with reservation. in respect of ratification, acceptance or approval; (c) the deposit of any instrument of ratification, acceptance, approval or accession; d. any data of entry into force of this Protocol in accordanc with articles 5, 6 and 7; e. any declaration received in pursuanc of the provision of article 9; f. any notification received in pursuanc of the provision of article 10 and the date on which denunciation takes effect; g. any other Act, declaration, notification or communication relating to this Protocol. In witness whereof, the undersigned, being duly authorised the theret, have signed this Protocol. Done at [Strasbourg], this [the 8th day of November 2001], in English and in French, both texts being equally authoritativ, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to it each of the signatory and acceding States.

Additional Protocol to the European Agreement on the transmission of legal aid applications in the

Strasbourg, 2001, XI, 8 Member States of the Council of Europe and the other parties to the European Agreement on the transmission of legal aid applications, open for signature in 1977 in Strasbourg on 27 January (the "agreement"), of this Protocol, subject to the development and implementation of the agreement as an effective legal framework for the transmission of legal aid applications the pan-European level; Considering that it is desirable to remove obstacles to the opening of civil procedure abroad and to enable people in the economically weaker, easier to realize their rights abroad; Desiring to improve the effectiveness of the agreement and to supplement it in certain respects, particularly as regards questions of mutual assistance between central institutions and communication between lawyers and legal aid to the applicants; Having regard to resolution (76) S on legal assistance in civil, criminal and administrative cases; Pursuant to recommendation No. R (99) 6 on the European Agreement on the transmission of legal aid applications for the improvement of the practical application; Having regard to the Convention for the protection of human rights and fundamental freedoms and article 6 of the emphasis on legal aid applicants need to be able to communicate with their lawyers not only in the courts, but also before the start of the legal process; Have agreed as follows: article 1: purpose and definition 1. this Protocol is designed to correct and supplement the provisions of the Treaty, certain aspects between the parties to the Protocol. 2. this agreement and the Protocol "requested Party" means any party that receives a request for legal aid from another party in accordance with the Treaty and the provisions of this Protocol. Article 2 — cooperation between the parties 1. the parties undertake promptly to give each other the widest measure of mutual assistance in respect of applications for legal aid in civil, commercial or administrative matters that are of the requested party to the competent jurisdiction. 2. In accordance with the provisions of the Treaty, the requested Party shall not reject requests that are in accordance with this agreement, without considering their nature, but will consider them as efficiently as possible in accordance with domestic procedures, which may include further information may be requested. Article 3 — the communications between lawyers and applicants 1. The requested Party shall be: a. to ensure that the representation of the complainant designated practitioners will contact the applicants request in a language that they understand, without effort or b. ensure that translation costs are covered and/or contact the translation between lawyers and applicants. 2. in cases where it is not practical to apply l, requested Parties to provide adequate resources to ensure effective communication between lawyers and applicants. 3. in accordance with the Treaty and the protocol used in the document request for legal aid for shipping, you must specify the language that the applicant understands. Article 4: effectiveness of the procedure, each party will consider requests within a reasonable time and request the receiving requests the central authorities to recognize the request: a.; b. to inform the sending institution about a decision for the request; (c) to take all necessary steps to ensure, whenever possible, that the decision of first instance for all requests is adopted within six months, provided that all the necessary information has been submitted; (d). six months after the full receipt of the request by sending a message to the central authorities, if the decision is taken, providing details on the progress of the progress and any difficulties that hamper the decision. Article 5 — binding expression of consent 1. This Protocol will be able to sign the countries that have signed the Treaty, which may express their consent to bind either: a. signature without reservation of ratification, acceptance or recognition; or (b). the sign for ratification, acceptance or approval, followed by ratification, acceptance or recognition. 2. A State may not sign this Protocol without reservation as to ratification, acceptance or recognition, or put in storage the deposit of instruments of ratification, acceptance or recognition of the document unless it is already hidden it or not tipping at the Treaty ratification, acceptance or recognition of the document. 3. The instruments of ratification, acceptance or recognition of the instrument shall be deposited with the Secretary General of the Council of Europe. Article 6: entry into force 1 this Protocol shall enter into force on the first day of the month following the period of three months from the date on which two Member States of the Council of Europe have expressed their consent to bind the Protocol in accordance with the provisions of article 5. 2. For any State which subsequently expresses its consent, binding the Protocol will enter into force on the first day of the month following three months of signing it without reservation of ratification, acceptance or recognition or the instruments of ratification, acceptance or recognition of the effective date of the document. Article 7 accession 1 — after the entry into force of this Protocol, any State which has acceded to the agreement may also accede to the Protocol. 2. accession will take place, to the Secretary-General of the Council of Europe, shall be effected by the deposit of an instrument that will enter into force on the first day of the month following the period of three months from the date when it is deposited. Article 8 – reservations no reservations to this Protocol one should not be carried out. Article 9 – territorial application 1 any State. at the time of signing or depositing its instrument of ratification, acceptance, approval or accession, may specify the territory or territories to which this Protocol shall apply. 2. In respect of such territory the Protocol shall enter into force on the first day of the month that follows after three months from the date of receipt of such declaration by the Secretary General of the Council of Europe. 3. any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration may be withdrawn by a notification addressed to the Secretary-General. The cancellation will take effect on the first day of the month following three months of the date on which the Secretary-General received the following announcement. Article 10 denunciation 1 — any party may, in so far as it it is concerned, denounce this Protocol by notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General. 3. denunciation of the Treaty will automatically include this denunciation of the Protocol. Article 11-notifications the Secretary General of the Council of Europe will inform the Member States of the Council of Europe and any State which has acceded to this Protocol of: a. any signature without reservation in respect of ratification, acceptance or recognition; b. any signing with reservation as to ratification, acceptance or recognition; (c) any ratification., acceptance, approval or accession of the tipping; d. anyone this date of entry into force of the Protocol, in accordance with 5, 6, and 7; e. any declaration received pursuant to the provisions of article 9; f. any notice received in the execution of the provisions of article Lo, and the date on which the denunciation takes effect; g. any other Act, Declaration, notification or communication relating to this Protocol. Above, the signatories to this Protocol to the authorised persons. Drawn up [Strasbourg] this [8 November 2001 day] in English and French, both texts being equally legal power that a single copy will be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to all the States which have signed or acceded to this Protocol.