Refusal of ICC request - protection of national security

Estonia

Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 1
General Provisions

§ 433. General principles

(4) If adherence to the requirement of confidentiality is requested in the course of international co-operation in criminal procedure, such requirement shall be complied with to the extent necessary for the purposes of co-operation. If compliance with the confidentiality requirement is refused, the requesting state shall be immediately notified of such refusal.
[RT I 2004, 54, 387 - entry into force 01.07.2004]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 1
General Provisions

§ 436. Prohibition on international co-operation in criminal procedure

(1) The Republic of Estonia refuses to engage in international co-operation if :

1) it may endanger the security, public order or other essential interests of the Republic of Estonia ;
2) it is in conflict with the general principles of Estonian law ;
3) there is reason to believe that the assistance is requested for the purpose of bringing charges against or punishing a person on account of his or her race, nationality or religious or political beliefs, or if the situation of the person may deteriorate for any of such reasons.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 3
Mutual Assistance in Criminal Matters

§ 461. Prohibition on compliance with request for assistance

Compliance with a request for assistance is not permitted and shall be refused on the grounds provided for in § 436 of this Code.

Rome Statute

Article 93 Other forms of cooperation

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.