Chapter 3 Legal Cooperation
Article Twenty Six
Request for cooperation:
(1) A request for legal cooperation shall be accepted and presented in the detection, investigation and trial stages, depending upon the particular situation, and in accordance with the recommendations from the Ministry of Interior, the Attorney General’s Office and High Council of the Supreme Court, and can include the following:
a. Collecting evidence or obtaining statements from relevant individuals.
b. Assisting in the submission of individuals under custody; summoning of other individuals to give evidence, and assisting in investigations with judicial authorities of the requesting country.
c. Sending and enforcing judicial verdicts.
d. Searching for and confiscation of items.
e. Examining items and locations.
f. Providing the information and evidence of a crime.
g. Providing an original or verified copy of documents including bank statements, accounting documents, and other papers giving information on a company or its commercial activities.
h. Other parts of the jurisdiction provided that they are not in contrary with the provisions of this and other laws of land.
(2) When the Ministry of Interior, the Attorney General’s Office or High Council of the Supreme Court asks for legal cooperation from a foreign country, the Ministry of Foreign Affairs shall send the request and its attachments to the diplomatic mission of the relevant country as soon as possible.
(3) A request for legal cooperation can be submitted in emergency circumstances through the Interpol, or directly by the competent authorities of the requesting country, to the Ministry of Interior or the Attorney General’s Office via mail or other immediate delivery methods that provide receipts or other written records [of the delivery]. In such a case and until an [official] notice through the diplomatic mission of the requesting foreign country is received, no official response shall be given.
(4) The Ministry of Foreign Affairs, once it receives the request, sends it for legal cooperation within 14 days to the Ministry of Interior, the Attorney General’s Office or the Supreme Court.
(5) The Ministry of Interior, the Attorney General’s Office and the Supreme Court are required to process,[in accordance with law], the received request for legal cooperation within 60 days and shall make a decision in accordance with the provisions of this Law.
Article Twenty Eight
Contents of the request for legal cooperation and its attachments
(1) A request for legal cooperation, in addition to the conditions set forth in paragraph (1) of Article 10 of this law, [shall] also include the following:
a. [Detailed] explanation of the subject matter underlying the request for legal cooperation.
b. The date by which the requesting country expects the information to be returned.
c. Information on property, financial document(s),or bank statement(s) which are going to be inspected and investigated.
d. Complete information regarding the identity of the accused, witnesses, and individuals who are to be investigated, [as well as] information about their residence and the questions to be asked of them.
(2) Request for legal cooperation in certain cases shall also include the following:
a. Specific direction as to how any temporary measures are to be enforced.
b. Explanation of the facts and reasons upon which the confiscation order was issued, and an explanation of how said order was obtained in a manner that is not inconsistent with Afghan law.
c. Information regarding the rights of third person(s) [affected by the request]and their [rights in any] receivables in monies, assets, and revenues derived[from any innocent third party interests].
(3) The following shall be considered while requesting precautionary measures or confiscation:
a. A verified copy of the verdict and legal grounds on which the verdict was issued.
b. Document that confirms the final verdict is not appealable.
c. Explanation on the limits for enforcing the verdict, and a description of the total amount of money requested to be recovered from the monies and assets.
d. If the contents outlined on the request for legal cooperation are not sufficient to process [the request] or make a decision, the requesting country may be asked for additional information and explanation.
Chapter 3 Legal Cooperation
Article Thirty Eight
Rejection of request for cooperation
(1) The request for legal cooperation shall be rejected when:
a. The request is not presented according to the laws of the requesting country.
b. Accepting the request contradicts Afghan laws or disrupts civil order/safety of the society.
c. The case in relation to which legal cooperation is requested has already been decided by [an Afghan] court.
d. Taking the requested measures is contrary to the Afghan law, or it is not practical to take such measures in relation to the crime stated.
e. The request to implement the verdict is against the laws of Afghanistan.
f. The request to take measures or implement the verdict is based on race, religion, nationality, tribe, political belief, gender, or social status.
(2) Bank privacy cannot be a reason to reject the request.
(3) The relevant authorities of Afghan government shall notify the foreign country of the reason(s) for rejection of the request as soon as possible.
(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.