Act No. 2005-16 of 3 August 2005 authorising the President of the Republic to ratify the Agreement on Judicial Cooperation between the Republic of Senegal and the Republic of Cape Verde, signed in Praia on 14 October 1999.

In order to strengthen the exemplary relationship between the two countries, the Government of Senegal and the Government of the Republic of Cape Verde signed a cooperation agreement in Praia on 14 October 1999.
The main objective of this Agreement is to establish cooperation between the two countries in the field of security in the field of the administration of justice and the prevention of crime through, inter alia, the fight against great banditry and the prevention of crime. Drug trafficking.

This Agreement, which repeals and replaces the Convention on Cooperation in Judicial Matters, signed in Dakar on 17 April 1980, goes further than it and embraces the areas that are the most immediate concerns of the two countries.

The new instrument which is now the framework for judicial cooperation between the two countries covers the following areas:

Training;

Exchange of information;

Technical assistance;

Legal aid;

Practising the profession of lawyer;

Enforcement of court decisions, and

-extradition.

The two Parties express in this Agreement their concern to conclude in all areas of justice, terms that enable judicial services, the courts, and the investigative police of the two countries to act together and in perfect cohesion To ensure equal rights and duties for Senegalese and Cape Verdean citizens.

The Agreement also reflects the will of the two Governments, beyond the area concerned, to give more concrete content to bilateral cooperation between Senegal and Cape Verde.

This is the economy of this bill.

The National Assembly adopted, at its meeting on Thursday, 14 July 2005;

The President of the Republic enacts the following legislation:

Sole Article. - The President of the Republic is authorized to ratify the Agreement on Judicial Cooperation between the Republic of Senegal and the Republic of
Cape Verde, signed in Praia on 14 October 1999.

This Law shall be enforced as the law of the State.

AGREEMENT ON JUDICIAL COOPERATION BETWEEN THE PUBLIC AND THE PUBLIC

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PREAMBLE

The Government of the Republic of Senegal,
And

Government of the Republic of Cape Verde.

In view of the joint communiqué of 9 January 1999 on the friendship and work visit to Senegal by the Minister of Justice and the Internal Administration of Cape Verde;

Recognizing the need to strengthen the foundations of the exemplary relationship between the two countries, and to broaden their bilateral cooperation;

Considering it as expedient to establish closer cooperation in the field of administration of justice and crime prevention;

Desiring to promote judicial cooperation between the Republic of Cape Verde and the Republic of Senegal,

Have agreed as follows:

Chapter I. -General principles

Article 1. -Cooperation area

1. The Contracting Parties undertake to cooperate in judicial matters in the fields of training, technical assistance, mutual assistance, exchange of information, publications and documentation, as well as in the field of investigation And criminal prevention.

2. The two Contracting Parties undertake any procedure or investigation in civil, social, commercial, administrative or criminal matters.

Chapter II. -Training and technical assistance

Article 2. -Training and technical assistance

1. The Parties undertake to cooperate for the
Training and development of judicial and criminal investigative staff.

(2) Programmes relating to the actions referred to in the preceding paragraph shall be drawn up by the authorities designated by the members of the Government responsible for justice and/or the police of the Contracting Parties. These programs will also include the costs and terms of their funding.

3. The parties undertake to provide mutual technical assistance, depending on their own
Experience and sectors identified by them in the conduct of studies and surveys required to
The exercise of the judicial activities of the courts, the Public Prosecutor's Office and the Judicial Police, as well as in the design, development and monitoring of the implementation and evaluation of policies and programmes, Legislative and administrative
Relating to the justice sector.

4. The Parties undertake to recruit specialists or technicians from the other Party for the conduct of studies and investigations funded by international organizations, multilateral cooperation and/or organizations Non-government.

Chapter III. -Access to the courts

Article 3. -Conflict of jurisdiction

The jurisdiction of the courts of both Contracting Parties shall be determined in accordance with the specific rules of each of the two States.

Article 4. -Exemption from deposit or deposit

Nationals of the countries of the Contracting Parties shall have in the territory of the other Party free access to the courts for the prosecution and defence of their rights and interests and may resort to the courts without their imposition or Required a deposit or a guarantor by the mere fact of being a national of the other party, of not residing or not being domiciled in the territory of the other.

2. The provisions of the preceding paragraph shall also apply to legal persons incorporated or authorised by the laws of the Contracting Parties.

Article 5. -Legal assistance

Each Contracting Party undertakes to guarantee, in its territory, to nationals of the other Party, legal assistance granted to its own nationals provided that they comply with the law of the country where assistance is sought.

2. Certificates or declarations of insufficient resources shall be issued by the authorities of the applicant's habitual place of residence or, in his absence, by the authorities of his current place of residence. Such documents shall be issued by the territorially competent diplomatic or consular officer of his country if the person concerned resides in a third country.

3. Where the person concerned resides in the country in which the request is made, information may
Be taken from the authorities of the country of which he is a national.

4. In the light of this Agreement, legal aid shall grant the full or partial exemption of the costs and disbursements of the trial, as well as the appointment of a lawyer free of charge.

Article 6. -Exercise of the profession of lawyer

The lawyer duly registered in the table of the Bar of one of the Contracting Parties may register in the table of the Bar of the other party, subject to the conditions laid down in the respective legislation. Such registration may not be refused on the sole pretext that he is a national of the other party.

Chapter IV. -Proceedings and communication of judicial acts, letters rogatory, appearance of witnesses and experts.

Article 7. -Communication of acts

1. The execution of judicial documents relating to
Civil proceedings pending in the courts of one of the Contracting Parties shall be sought directly from the courts of the other Party by letters rogatory or, in the case of emergency, by telegram or
Fax.

2. Citations, notifications and the posting of legal notices or announcements may be requested by simple dispatch.

3. It may also be requested by simple dispatch, telegram or fax the suspension of the performance of the letters rogatory.

4. The court required, when it considers itself to be incompetent for the performance of the act, shall remit the letters rogatory, telegram, fax or despatch to the competent court, by communicating the fact to the requesting court.

5. The required court shall not refuse to comply with the request of the letters rogatory, the telegram, the telegram, or the dispatch, unless the request is carried out
Interference with the sovereignty or security of the State or if it is contrary to the public order of the same State.

6. Letters rogatory in criminal matters are addressed by the Minister responsible for Justice of the requesting party to the requested party. In case of emergency, they may be addressed directly to the judicial authorities of the requested party. If the requested authority is incompetent, it transmits ex officio the letters rogatory to the competent authority and immediately informs the requesting authority. The Commissions
Shall be returned, together with the documents relating to their execution, by the Minister responsible for Justice of the required party to the Minister responsible for Justice of the requesting party.

7. The communication of acts shall be in writing and shall contain the following elements:

(a) the name of the requesting authority;

(b) the nature of the act;

(c) the purpose of the application;

(d) the identity and quality of the parties;

(e) the identity and address of the recipient.

8. In criminal matters, the above communication will also include:

The indication of the relevant texts;

A summary of facts.

9. The execution of letters rogatory, the notification, and the meaning of the acts or decisions shall not be reimbursed at any cost, except those relating to experts' fees.

Article 8. -Witnesses and Experts

1. If the act aims to obtain, as a witness or expert, the presence in the territory of the requesting court of a person residing in the other party, the latter shall be entitled to a reimbursement for the costs resulting from his or her travel And compensation in accordance with the legislation of the requesting party.

2. The presence requested will never be mandatory. At the request of the witness or expert, it shall be granted in advance, through the care of the diplomatic and consular authorities of the requesting party, all or part of all the costs and allowances provided for in the preceding paragraph.

3. In the event of a conflict of laws, the nationality of the person to be heard shall be determined by the law of the party in which the commission is to be executed.

Article 9. -Witness or expert in prison

1. At the request of the requesting party, a person detained in the territory of the requested party may be temporarily transferred to the territory of the requesting party as a witness or as an expert, provided that his return is carried out in The time limits laid down by the requested party, since the requesting party is responsible for paying all the expenses involved in the movement.

2. However, the application may be refused if the person detained does not give his consent, if the person is a national of the requested party, if his or her presence is necessary in an ongoing procedure in the territory of the requested party, if Transfer is likely to prolong his/her detention or if other compelling considerations discounsel the transfer.

3. If the requested party informs the requesting party that the person's detention has been terminated, that person shall be released.

4. During its presence in the territory of the requesting party, the person required shall not be detained, prosecuted or restricted in personal liberty or punished for acts or convictions prior to leaving the territory of the party Required. Its assets and identification and travel documents cannot be seized.

5. The above immunities shall cease thirty days after the date on which the deposition is terminated and the return of the required pesronne has been possible.

Article 10. -Conduct of committees by diplomatic or consular officials

The two Contracting Parties have the right to have their diplomatic or consular agents executed directly and without coercion, the committees for the purpose of the hearing, the examination by experts, the production of documents or the examination Documents concerning their nationals.

Article 11. -Obtaining evidence

(1) The requested Party shall, in accordance with the laws of its country, give satisfaction to requests for cooperation relating to a criminal procedure referred to it by the judicial authorities of the requesting Party for the purpose of prosecution Investigation or inquiry or to present evidence, acts or documents.

(2) If the requesting Party wishes the witnesses or experts to be sworn in, it shall make explicit reference to it and the requested Party to execute within the limits of its law permitting it.

(3) The requested Party shall execute requests for search and seizure only if the offence is liable to be punished according to its law and if the latter allows such measures in the same circumstances.

4. The requested Party may only furnish certified copies or photocopies of the documents or documents requested. However, if the applicant expressly requests the submission of the originals, this application will be satisfied.

Chapter V.-Criminal action, revision
Decisions and enforcement of penalties

Article 12. -Prosecution of offences committed in the territory of either party

(1) Each Contracting Party may request the other to institute criminal proceedings against
The individual who is in the territory of the other and who has committed an offence in his or her territory.

2. The request shall be accompanied by a summary of the facts and the relevant texts and a list of documents and objects to be furnished, which shall be returned to the requesting Party at the end of the proceedings.

The requested Party shall inform the other party of the outcome of the criminal proceedings and shall send it, if appropriate, to the full copy of the final decision.

4. All correspondence relating to the implementation of the provisions of this Article shall be exchanged between the members of the Government responsible for Justice of the Contracting Parties.

Article 13. -Enforcement of non-criminal decisions

1. Decisions of the courts of one of the Contracting Parties, in civil matters, shall be applicable in the territory of the other Party, under the following conditions:

(a) have been pronounced by the competent court according to the rules of conflict of jurisdiction of the law of the country in which they are intended to be applied;

(b) have been definitively tried in accordance with the law of the country in which the judgment was made;

(c) the defendant was duly summoned according to the law of the country in which the decisions were made;

(d) not be in contradiction with the principles of public policy in the country in which they are to be applied.

2. The provisions of the preceding paragraph shall apply to decisions of the courts or arbitration panels.

3. The verification of the conditions concerning paragraph 1 shall be carried out by a preliminary act, taken by the competent court according to the law of the Party in which the decision is to be applied.

4. If a proceeding, opposing the same subjects on the same causes and objects in relation to another party, is pending before the courts of one of the parties, the latter may refuse the exequatur.

Article 14. -Enforcement of criminal decisions

1. Decisions made in criminal matters by the courts of one Contracting Party shall be enforceable in the territory of the other Contracting Party as soon as the following conditions are met:
(a) have been delivered by a competent court of the requesting Party;

(b) having acquired force of res judicu according to the law of the country that made them;

(c) have respected the rights to the defence;

(d) the penalty shall be provided for by the law of the requesting Party;

(e) the accused must not have already been tried for the same offence by one of the courts of the requesting Party.

2. The application for the execution of a criminal conviction shall take place only on the official request made by the governmental department responsible for justice of the requesting party, addressed to the governmental department responsible for justice of the party Required.

3. Verification of the conditions stipulated in the
Paragraph 1 shall be summarily carried out by the court of jurisdiction where the decision is to be carried out.

4. The execution of a criminal conviction, as regards related civil provisions, will be prosecuted directly with the civil courts, unless otherwise provided for by law.

Article 15. -Completion of prison sentence or other deprivation of liberty

(1) Each Contracting Party may require that its nationals sentenced to imprisonment by the courts of the other Party or subject to other measures of deprivation of liberty be permitted to carry out the sentence or the measure in Appropriate and adequate facilities on its burrout.

2. The authorisation shall be granted only if the requesting Party pays the costs, costs and other expenses of the trial, as well as the costs of transferring the convicted person or person to the measure, with the consent of the latter.

3. The communication of the authorisation shall be accompanied by a copy of the decision on conviction or submission to the measure, a statement on the prison time already carried out or on the other measure of deprivation of liberty already carried out.

Chapter VI. -Application for judicial cooperation

Article 16. -Competent authority

The request for judicial cooperation must be made by the judge, the public prosecutor or any other competent body of the requesting and addressed Party
Directly to the competent authority of the requested Party.

Article 17. -Relative jurisdiction

The required authority, when it does not have the competence to execute the request, shall give it to the competent authority and communicate this fact to the authority
Applicant.

Article 18. -Refusal of cooperation in criminal matters

1. Judicial cooperation in criminal matters may be refused.

(a) if the application relates to an offence which is not punishable by the law or the requesting Party or the requested Party;

(b) if the request is considered by the requested Party to be in respect of a political offence or a fact related to that offence;

(c) if the requested Party considers that the execution of the request is contrary to the sovereignty, security, public order or other essential interest of its country;

(d) if there are reasonable grounds to believe that the application was made in order to prosecute or punish a person by virtue of his or her race, sex, religion, nationality or political opinion, or the situation of that person Person runs the risk of being aggravated by one or more of his or her reasons.

2. The refusal of judicial cooperation in criminal matters will be communicated to the requesting Party in
Indicating the reason.

3. Where there is a refusal of judicial cooperation in criminal matters, the requested party undertakes, in accordance with its domestic legislation, to try its nationals or beneficiaries of this refusal of cooperation.

Chapter VII. -Exchange of information

Article 19. -Publications and computer data

The Parties shall exchange publications or computer data containing information and legislative, doctrinaire and jurisprudential documents published by the other Party and shall facilitate access by telematics, or Telecommunications to existing data banks in the territory of the other Party and which would be important for the implementation of the provisions of this Agreement.

Article 20. -Criminal Investigation and Prevention

The Contracting Parties will exchange information with regard to the investigation of a trial so as to facilitate the determination of the offences and the definition of the offender.

2. The Contracting Parties shall proceed in the same manner for cooperation in the field of judicial, procedural and case-law.

Chapter VIII. -Records

Section 1. -Civil register

Article 21. -Enumeration of civil status acts

By document of civil status it must be understood:

Birth certificates;

Acts of declaration of a child without a life;

Acts of recognition of natural children trained by civil status officers or public officers;

Adoption acts;

Legitimation notices;

Acts of emancipation;

Acts of marriage;

Acts of death;

Transcriptions of judgment or termination of divorce and separation of bodies and property;

Transcripts of orders, judgments or judgments in civil-state matters.

Article 22. -Shipment of Civil Acts

(1) The two Contracting Parties shall submit to each other at the following periods a shipment or an original of the acts of civil status, in particular acts of recognition of natural children, acts of adoption; acts of marriage, Death, birth, legitimation notices, acts of emancipation established in their territory, and extracts from judgments and judgments given in matters of divorce, separation of bodies and property, parentage, civil status and Judicial prohibition on persons born in the territory of the other party.

2. In the same way, the two Contracting Parties defer to each other the extracts of judgments and judgments given in respect of divorce and the separation of bodies and property concerning persons who are married in the territory of the other party.

3. The shipments and extracts of the said acts, opinions, judgments and judgments issued or rendered in the last three months shall be submitted within three months.

4. In the light of such shipments and extracts, appropriate entries shall be made in the margin of the acts of birth or marriage of the persons concerned to the due diligence of the receiving party.

5. In the event of the marriage of two persons respectively of Cape Verdean and Senegalese nationality, the officers of the civil registry of competent residence shall send a copy of the marriage certificate to the competent consular authorities of the other party.

6. The correspondence in the case referred to in this article will be exchanged between the authorities responsible for justice of both parties.

Article 23. -Exemption from fees

1. The Contracting Parties shall issue, without charge, shipments of the acts of the civil status established in the territory of the other party where the request is made in a duly specified administrative interest or in favour of their nationals Indigent.

2. They shall also, without charge, issue consignments of the acts of the civil status drawn up in the respective territories of the two parties where those acts concern nationals of a third State or stateless persons and
Shipments are requested in a specified administrative interest.

(3) The issue of an expedition of an act of civil status shall in no way prejudice the nationality of the person concerned in the eyes of both parties.

Article 24. -Bureau d' état civil consular

The diplomatic and consular officers of each Contracting Party may draw up, in relation to their nationals, minutes which, according to the respective domestic laws, are within the competence of the normal organs of the civil registry office.

Article 25. -Transmission of applications

1. The requests made by one of the Contracting Parties respectively shall be transmitted to the other party by diplomatic missions or consular posts.