SPECIAL PART
SECTION ELEVEN
SPECIAL PROCEEDINGS
Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 490. Content of official requests for legal assistance in the territory of the Azerbaijan Republic
490.1. Official requests for legal assistance in the territory of the Azerbaijan Republic shall indicate :
490.1.1. the name of the prosecuting authority to which the request is addressed ;
490.1.2. the name of the requesting competent authority of the foreign state ;
490.1.3. the title of the criminal case in respect of which legal assistance is requested and brief information about it ;
490.1.4. a description and classification of the act committed ;
490.1.5. the first and family names of the suspect, accused, victims and witnesses and, if possible, their address or whereabouts, nationality, occupation, place and date of birth ;
490.1.6. the substance of the request for legal assistance ;
490.1.7. any other information necessary for examination of the request.
490.2. Official requests for the extradition of a person who has committed an offence shall be submitted in accordance with Articles 488 and 489 of this Code.
SPECIAL PART
SECTION ELEVEN
SPECIAL PROCEEDINGS
Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 493. Content of official requests for extradition
493.1. Official requests for extradition of a person shall indicate the following :
493.1.1. the name of the prosecuting authority of the Azerbaijan Republic to which the request is addressed ;
493.1.2. the name of the requesting competent authority of the foreign state ;
493.1.3. the title of the criminal case in respect of which legal assistance is requested and brief information about it ;
493.1.4. a description of the factual circumstances of the act and the text of the requesting state’s law describing the act as an offence ;
493.1.5. the family name, first name and father’s name of the person to be extradited, his nationality, address or whereabouts and, if possible, a description of his personal appearance and other information about his identity ;
493.1.6. the cost of the damage caused by the offence.
493.2. An official request for extradition in order to bring a criminal prosecution against the person concerned shall be accompanied by a certified copy of the warrant for his arrest.
493.3. An official request for extradition in order to enforce a judgment shall be accompanied by a certified copy of the final judgment and the text of the provision of criminal law applied to the convicted person. If the convicted person has served part of his sentence, information shall also be given on this point.
SPECIAL PART
SECTION ELEVEN
SPECIAL PROCEEDINGS
Chapter LVII
LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 495. Arrest of a person with a view to extradition
495.1. When a request for extradition and a copy of the arrest warrant are received from the competent authority of a foreign state, the prosecuting authority of the Azerbaijan Republic to which the request is addressed may if necessary, and in accordance with the provisions of this Code, take measures to have the person detained and arrested before the decision on extradition is taken.
495.2. In accordance with Article 495.1 of this Code, the arrested person shall have the right to apply to a court to confirm, amend or annul the restrictive measure applied to him.
495.3. Where necessary, the prosecuting authority of the Azerbaijan Republic to which the request is addressed shall also be empowered, in compliance with the provisions of this Code and at the request of the competent authority of the foreign state, to detain for the purposes of legal assistance a person in respect of whom no official request for extradition has been received. In this case the appropriate application :
495.3.1. shall have been received in advance by mail, telegram, telex or fax ;
495.3.2. shall refer to the arrest warrant or the final court judgment ;
495.3.3. shall confirm that the official request for extradition will be made within the next 48 hours.
495.4. The prosecuting authority of the Azerbaijan Republic shall immediately inform the requesting competent authority of the foreign state that the person has been detained or arrested on the basis of the official request for extradition, or that he has been detained for the purposes of legal assistance at the request of the foreign state, pending receipt of the official request for extradition.
495.5. A person arrested in accordance with Articles 495.1 and 495.3. of this Code shall have the right to complain to a court about the acts of the prosecuting authority.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.