National procedures for execution of cooperation request


Afghanistan - Law on Extradition and Legal Cooperation 2013 EN

Chapter 1 General Provisions

Article Four

Legality of extradition

An accused [or]convict will be extradited, and legal cooperation between Afghanistan and other countries to address criminal cases, is to be provided based on treaties or conventions to which Afghanistan is a party.

Chapter 2 Extradition

Article Twelve

Time limit for sending the request

The Ministry of Foreign Affairs shall immediately send the request of extradition and its attachments to the relevant authorities after it is assured that the request abides by provisions of Articles 10 and 11 of this law.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.