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The Government Of The Republic Of Latvia, The Government Of The Republic Of Estonia And The Government Of The Republic Of Lithuania, The Agreement On Cooperation For The Protection Of Witnesses And Victims

Original Language Title: Par Latvijas Republikas valdības, Igaunijas Republikas valdības un Lietuvas Republikas valdības vienošanos par sadarbību liecinieku un cietušo aizsardzībā

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania, the agreement on cooperation for the protection of witnesses and victims, article 1. 17 March 2000 in Tallinn signed by the Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania for cooperation in the protection of witnesses and victims (hereinafter Agreement) with this law is accepted and approved. 2. article. The law shall enter into force on the day following its promulgation. Until the law is put upon Latvian and English. 3. article. The agreement shall enter into force on its article 10 on time and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Saeima adopted the law on June 8, 2000. State v. President Vaira Vīķe-Freiberga in Riga, 20 June 2000, the Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania for cooperation in the protection of witnesses and victims, the Government of the Republic of Latvia, the Republic of Estonia and the Government of the Republic of Lithuania, hereinafter referred to as "the parties", based on United Nations General Assembly on 23 December 1994, resolution No. 49/159 article 16 based on 11 November 1992, the Treaty on legal assistance and legal relations between the Republic of Estonia The Republic of Latvia and the Republic of Lithuania on the basis of 30 June 1995, the agreement on cooperation between the Ministry of Interior of the Republic of Estonia, the Republic of Latvia, the Ministry of Interior and the Ministry of Interior of the Republic of Lithuania, taking into account the 1997 resolution of the Baltic Assembly "On the criminal protection of participants stepping", giving an important meaning to the Baltic Council of Ministers, the objectives set for the development of mutual cooperation in the field of combating crime and law, freedom and three citizens of the legitimate interests of reliable protection in , understanding that the success of the fight against organised crime based largely on witness and victim of the evidence provided, the understanding that witnesses and victims are often the object of hazards or may be otherwise affected, respecting international commitments, national laws and regulations, and acting within their competence, agreed as follows: article 1 scope and the arrangement entities 1. the parties undertake to ensure the three countries be protected personal and property rights , freedom and legitimate interests of equal legal protection from any threats, persuasion, directly or indirectly, in the form, if one of the parties submitted a relevant request. 2. the party central competent authorities implement the cooperation and mutual assistance in crime prevention and in the field, implementing measures to ensure the protection and conservation movements. 3. the Parties shall ensure adequate and effective protection of the protected persons during criminal proceedings, in the court proceedings, as well as after the hearing in court, where the legal or statutory procedure it found necessary. 4. a Person who temporarily moved to the territory of the host Party, rights and obligations determined by the laws of the host Party. 5. the parties through diplomatic channels to inform each other of the central competent authorities in agreement. 6. the parties through diplomatic channels to exchange timely information on changes in the central list of the competent authorities. 7. the central competent authorities implement this agreement directly in collaboration. Article 2 forms of cooperation the Parties shall cooperate in the following forms: 1) exchanging operational, search, reference, and other law enforcement information, subject to the confidentiality regime required for prepared or committed crimes that are associated with the protected person are exposed, as is the nature of international assistance. By a separate agreement, sending information on criminal gangs, their members, managers, and communications belonging to the international crime and pose a threat to protected persons by the parties; 2) operational and search measures required for the successful realization of the protection of the protected Parties, ensure the security mode; 3) provides that the decision on the request of the applicant party recognition as protected persons operating in the host Party; 4) organizing operational and search measures related to the protection of protected persons on the basis of the party, which investigates criminal cases, requests; 5) facilitating prosecution, termination or reduction of criminal penalties for a person who has shown the other side of the law enforcement authorities, and helped discover the organised groups committed serious crimes that are heavier or more dangerous than the crimes committed by this person; 6) be protected dial and questioning under the regime of secrecy, as well as the conditions for questioning; 7) making protected persons temporarily on the territory of the host Party, without disclosing the identity of the person at risk, if necessary, providing accommodation with security or monitoring; 8) through the exchange of scientific and technical information on the issues in the fight against crime, against persons protected in jointly conducting research on mutual kriminoloģisko critical problems, to this end, the exchange of specialists, organizing joint seminars and working meetings; 9) the establishment of a common expert working group to address the problem in depth the protection of conservation issues and develop procedural rules, taking into account the laws and regulations of the parties; 10) employee training and the preparation of the frame of the international police organization, and the agreement of the parties. 3. Article requests for protection 1. the Parties shall cooperate on the basis of written requests, which should be appropriately designed and with the following information: 1) the name of the Authority submitted the request, and the name of the body to which it is addressed; 2) mark on the security arrangements; 3) persons who need to transfer to the territory of the other party, the first name, last name, place and time of birth, ethnicity, nationality, profession and place of work (if this person is working), knowledge of foreign languages, other data, which can play a role; 4) personal criminal procedural condition or other relevant information; 5) outline of criminal cases, short of which the request is sent, as well as the reasons and motives, on the basis of which requires the movement of persons to another country; 6) information, which explains the actual severity of the threat, or has happened in real life, health of persons, property or legitimate interests, expressed in such danger or has reasonable grounds to believe that the risk may occur; 7) recommended protective measures; 8) the recommended duration of stay on the territory of the host Party as well as the possible extension; 9) recommended residence; 10) other conditions which we recommend should be secured in relation to the protected person to move; 11) decision on the special procedural protection status of the person. 2. the request must be presented in English or in Russian and passed to the central competent authority representative personally or sent by courier service, subject to the confidentiality regime. All the additional information to be sent in the same way. 3. the request shall be signed by the central competent authorities. 4. the request in the matter within 30 days of receipt. 5. Requests to be considered in the light of the principle of good faith, but either party may refuse to execute a request, without explaining the reasons and motives. If the host Party refuses to fulfill the request, the central competent authority shall inform the other party in writing. 6. The host Party may request additional information concerning the person or a related criminal case. 7. If the request is approved, the competent authorities of the parties ' central representatives coordinate specific aspects of a person's movements on the territory of the host Party. Article 4 obligations of the host Party for the host Party: 1) ensures the protected persons on the territory of the host Party, through the maintenance of the protected persons with authorizations and other documents that are required to stay in the country; 2) where necessary, provide protected person with a new identity; 3) on the basis of the agreed rules, ensure the protected person to live and work; 4) take other necessary measures. Article 5 termination of protection If the person moved violates local laws and other normative acts do not comply with its obligations and regulations, then the host Party can send the person back to the territory of the requesting party. Any disagreement relating to the person's return, adjustable between the parties ' competent authorities central. Article 6 storage and exchange of information, each party undertakes to ensure the secrecy of messages to other parties. Message classification determines the supplier party. Determined by the exchange of classified information between the parties concluded international treaties. If messages received from the one of the parties in the framework of this arrangement, the need to transfer to a third party or other country, the essential message of this party's consent. Article 7 cost 1. The requesting Party shall pay the expenses related to displaced persons, as well as those of family members, medical insurance, and social identity. 2. a party that temporarily takes the protected person pays their national authorities concerned. Article 8 language of cooperation, cooperation in the framework of this agreement, use their national language and translations in English or Russian. Article 9 depositary the Republic of Latvia shall act as the depositary of this agreement. The depositary shall inform the parties of all proceedings relating to this agreement. Article 10 final provisions 1 this Agreement shall enter into force on the day of its receipt by the depositary of the last of the parties a notice that all the necessary legal requirements for the entry into force of this arrangement, have been fulfilled. Each party may terminate the operation of the agreement by notifying the depositary in writing, not less than 6 months in advance. 2. The parties agree that this Agreement shall enter into force between two of the parties after the depositary notifications by the parties. 3. Any party may amend this agreement, of its intention in writing to the depositary. The amendments are made in writing and shall enter into force in accordance with the first paragraph of this article. Signed on 17 March 2000, in three copies, each in the Latvian, Estonian, Lithuanian and English, in addition, all texts are authentic. Disputes on the basis of the English text.
The Government of the Republic of Latvia, the Republic of Estonia for the Government of the Republic of Lithuania Government, Interior Minister Interior Minister Interior Minister mareks Segliņš Tarmo Blažev of the Warden of Kazimier Czesław agreement between the Government of the Republic of Latvia, the Government of the Republic of Estonia and the Government of the Republic of Lithuania on co-operation in the Protection of Witness and Victim of the Government of the Republic of Latvia , the Government of the Republic of Estonia and the Government of the Republic of Lithuania, hereafter referred to as "parties", on the basis of clause 16 of Resolution No. 49/159 of the United Nations General Assembly of 23 December 1994, on the basis of the agreement of 11 November 1992 on Legal assistance and Legal relations between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania, on the basis of the agreement of 30 June 1995 on the Co-operation between the Ministry of the Interior of the Republic of Latvia , between the Ministry of the Interior of the Republic of Estonia and between the Ministry of Internal Affairs of the Republic of Lithuania, taking into account the Resolution of the Baltic Assembly of 1997 on Enhancing the Protection of participants in a Criminal Procedure, duly considering the aim set by the Council of Minister of the Baltic States for development of mutual co-operation in the field of combating crime and providing reliable protection of rights , freedom and the interests of citizens is legitimat of the three countries, being aware that successful combat organised crime is often based on the evidence provided by the victim and witness, being aware that victim and witness with the often targets of threats or could be under others influence, guided by the international obligation, the national legislation and acting within own competence, agreed as follows : Article 1 scope AND subjects OF the agreement 1. The parties to provide equal undertak personal protection and protection of property, the freedom and the interests of persons legitimat of the three States against any threats and pressure of the undu in any direct or indirect form, provided that in respect of such person an appropriate request has been submitted by one of the parties. 2. The parties through their central competent institutions shall be co-operate and render mutual assistance in preventing and combating crime, implementing complex measure for their protection and transportation of Persons ensur under protection. 3. The Parties shall provide adequat and effective protection of the Person under protection during the investigation of the criminal case, during and after the legal proceedings, in cases when it has been acknowledged as not in the manner as cessary defined in the legislation. 4. The applicable laws and other legal regulations of the receiving Party shall define the rights and duties of the person who is OK OK to the territory of the receiving Party. 5. Each of the parties via diplomatic channels in the course will inform others sow parties about the central competent to institutions for the aims of this agreement. 6. Each of the parties in due course inform the other parties about changes in the list of their central competent to institutions. 7. Central to the competent institutions seeking their implementations that this agreement directly contact each other. Article 2 directions OF COOPERATION the Parties shall co-operate in the following forms: 1) by exchanging operative information, search, inquiry and others being at law enforcement authorities disposal and duly respecting the cessary confidence, about any expected or committed crimes and related to threats to persons under international protection and assistance is required to please prevent such threats. Under a separate agreement, by sending information about criminal groups, their members, leaders and criminal relations belonging to international crime and causing threat to the Person under protection of the parties; 2) by implementing operative and investigative measure, not by their protection of Person ensur cessary under protection, keeping the secrecy regime not cessary. 3) by determining validity of the decision on the protection of a person of the requesting Party in the territory of the receiving Party; 4) on the basis of the requests of the parties investigating criminal cases, organising operative and investigation activities related to ensuring protection of the Person of the under protection; 5) by further reducing or ceasing of criminal persecution of criminal punishment for persons who have rendered assistance to the law enforcement authorities of the other Party and have assisted their disclos a serious crime, if such crime is more dangerous than the offenc is committed by that person; 6 in summoning and interrogating Persons) under protection, duly following cessary secrecy not regime as well as provision for the type of interrogations; 7 OK or OK) by moving the Person under protection to the territory of the receiving Party without disclosing the identity of the person endangered and, if not, by providing guarding cessary or supervision over the place of their stay; 8) by exchanging scientific and technical information on issues of combating crime directed against the Person under protection, by joint research on criminological problems that could be solved together and by exchanging specialists for this purpose, by organising joint seminars and working meetings; 9) by setting up joint groups of experts for the solving of more complicated issues of protection of Persons under protection and developing procedural rules, taking into account the legislation of the parties; 10) on the basis of the assistance of international police organisations and Agreements between the parties, by carrying out training and preparation of personnel. Article 3 requests FOR PROTECTION 1. The Parties shall co-operate on the basis of written requests, which must be appropriately completed and contain the following in particular: 1) the name of the authority which has submitted the request and the name of the authority to which the request is addressed; 2) indication of secrecy regime; 3) the name, surname, place and time of birth, citizenship, nationality, profession and working place (if self-employed), knowledge of foreign languages and other relevant data of the person under protection who should be sent to the territory of the other Party; 4) the legal status of the person under the criminal case or other important information; 5) short description of the criminal case, in relations to which the request is being submitted, as well as the causes and motivated, on the basis of which the person should be moved to another State; 6) information explaining the seriousnes of the existing threats, whethers there are actual threats to the life, health, property or the interests of the legitimat person, whethers such threats have been expressed or whethers there be sufficient ground to believe that the person is endangered; 7) recommended measure of protection; 8) the time not cessary for stay on the territory of the receiving Party as well as any possible extensions of it; 9) preferabl place of stay; 10 preferabl condition in which others) should be provided for the Person under protection to be moved; 11) copy of the decision confirming that the person has acquired the status of a person under the special protection. 2. The request must be written in the English or Russian language and handed over to the representatives of the competent central authorities personally or by courier according to the secrecy regime. All additional information shall be delivered in the same way. 3. The head of the central competent authority shall sign the request. 4. The request shall be reviewed within 30 days since the day of receiving the request. 5. Requests shall be reviewed according to the good-will principles, but any of the parties is free to turn down a request without explaining the reason and motivation to the requesting Party. If the requested Party refus to accept the request, to the competent central institutions of the Parties shall notify each other in written form. 6. The Party, which is going to host the OK Person under protection, may request additional information related to the person to be moved to the òàæó or criminal case. 7. If the request is accepted, the representatives of the central competent authorities of the Parties shall decide the one concrete aspects related to moving the party to the territory of the receiving Party. Article 4 OBLIGATIONS OF the RECEIVING PARTY shall be obliged by the receiving Party: 1) To the Person ensur that under protection of the requesting Party with a moved and protected, given residence permit as well as other documents not to stay in another country constantly cessary. 2) In the case of, it does not change the cessity identity of the Person under protection. 3) It provides the Person under protection with residence and work in the formerly agreed condition. 4) implementations that others don't measure. cessary Article 5 TERMINATION OF PROTECTION If the person so found of national laws violat and others legal instrument does not follow the duties and regulations defined for him or her, the receiving Party may be such a person from the depor State. Any related to the return to discrepanc of the Parties shall be settled between the competent authorities of the Parties to it. Article 6 MAINTAINING AND FORWARDING OF INFORMATION Each Party to the secrecy of ensur undertak data to the other parties. The exten of secrecy level shall be defined by the Party, which provides the data. The exchange of classified information is managed in accordanc with international treats to signed between parties. If any data received from one of the parties under this agreement should be submitted in addition to the third Party or the third State, the acceptance of the issuing Party must first be sought for such submission. Article 7 COSTA 1. The requesting Party shall cover all the expenditure related to the transportation of the of the protected person and his or her family members, the costs of medical insurance, a guarantee of social and change of identity. 2. The receiving Party shall pay for the work of the officials of the receiving Party. Article 8 CO-OPERATION language the parties, implementing co-operation according to this agreement, use their State language together with translations into the English or Russian language. Article 9 the DEPOSITORY-the Republic of Latvia shall act as the Depository for this agreement. The Depository shall notify the parties on any procedures concerning this agreement. Article 10 FINAL PROVISION 1. This agreement shall enter into force on the date on when the Depository has received the last notification about the completion of internal legal procedures concerning cessary not entry into force of the agreement. Each party has the right to withdraw from this agreement six months after written announcement to the Depository about its intention. 2. The parties agree that the agreement shall enter into force between two parties when the Depository has received the notification from the two parties. 3. Each Party has the right to amend the agreement, informing the Depository on its intent in writing. With the amendments made in writing and they enter into force according to the provision of the first part of this article. Signed on 17th March 2000, in three originals, each of the cop, the cop in Latvian, Estonian, Lithuanian and English languages. All of these texts to cope with to be regarded as authentic. In case of dispute of any interpretation, the English text shall prevails.

For the Government For the Government For the Government of the Republic of Latvia of the Republic of Estonia of the Republic of Lithuania