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Extradition Treaties International CooperationinCriminalMatters Volume II COMPENDIUM OF BILATERAL AND REGIONAL INSTRUMENTS FOR SOUTH ASIA International Cooperation in Criminal Matters Volume II UNODC Regional Office for South Asia, New Delhi and Terrorism Prevention Branch, Vienna New Delhi, 2015 Acknowledgements UNODC is grateful to the team of Indian Law Institute, New Delhi, for jointly developing this document: Principal Author and Support Team Mr. Manoj Kumar Sinha, Director, Indian Law Institute, India Ms. Yashita Munjal, Advocate, India Mr. Ankur Arora, Advocate, India Ms. Srishti Sharma, Advocate, India Late Sh. Bharat Raj Upreti, Senior Partner, Pioneer Law Associates, Nepal Mr. Oves Anwar, Research Society of International Law, Pakistan Mr. Ammar Ather Saeed, Advocate, Pakistan Ms. Summaiya Zaidi, Advocate, Pakistan Dr. Dayanath Jayasuriya, President’s Counsel, Sri Lanka Ms. Neha Parihar, Student of Law, Mody University of Science and Technology, India Ms. Bhanu Maheshwari, Student of Law, Mody University of Science and Technology, India Ms. Aarzo Thareja, Student of Law, Mody University of Science and Technology, India Ms. Himani, Student of Law, Mody University of Science and Technology, India This Compendium would not have been finalized without the indispensable contribution from the national government counterparts in the eight countries, including Ministries of Foreign Affairs, Home Affairs, Interior, Law and Justice, Attorney General Offices, and distinguished research institutes from the countries in the region. UNODC Regional Office for South Asia Ms. Cristina Albertin, Representative Ms. Suruchi Pant, Deputy Representative Ms. Pooja Ahluwalia, Terrorism Prevention Expert Ms. Isheeta Sumra, Communications Officer Ms. Savita Bhat, Admin and Finance Assistant UNODC Terrorism Prevention Branch Implementation Support Section I (Asia and Europe) Ms. Dolgor Solongo, Officer-in-Charge Ms. Laura Adal, International Consultant Made possible by the financial support of the Government of the United States ofAmerica This publication has not been edited according to standard UNODC guidelines. October 2015 Foreword With the increased mobility of people, information and goods, terrorism has progressively evolved into a transnational threat, transcending classic geographic and cultural borders, as both actors and victims alike have become involved on a worldwide scale. With this ever-growing challenge for the international community, one State alone is no longer in a position to respond to terrorism. Rather, international cooperation has become a fundamental necessity in the global fight against terrorism. Legal responses, from the national, bilateral and regional levels serve to facilitate cooperation and harmonize criminal justice responses to terrorism by and amongst States. The implementation of effective judicial cooperation through extradition and mutual legal assistance allows for an effective response. The authorities of eight countries in South Asia - Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka, have cooperated with the United Nations Office on Drugs and Crime (UNODC) in an effort to produce this compilation of legal documents on international cooperation in criminal matters, namely mutual legal assistance and extradition. The Compendium aims to provide practitioners and other actors involved in international cooperation in criminal matters with a reference tool to assist them in information sharing and the gathering of evidence for use in criminal investigations and prosecutions involving terrorism, in addition to traditional police to police cooperation. It contains bilateral and regional agreements, as well as related national legislative provisions. It is with the hope that its wide distribution among legal practitioners and criminal justice officials in the region will contribute to facilitating international cooperation in criminal matters. This Compendium has been elaborated by UNODC, in cooperation with the Indian Law Institute, New Delhi, as well as the Research Society of International Law, Pakistan. This Compendium would not have been finalized without the indispensable contribution from the national government counterparts in the eight countries, including Ministries of Foreign Affairs, Home Affairs, Interior, Law and Justice, Attorney General Offices, and distinguished research institutes from the countries in the region, as well as the generous financial contribution of the Government of the United States of America. iii Note for the Reader The Compendium of bilateral and regional instruments and national legislative provisions on extradition and mutual legal assistance with and within the States of the South Asia region is compiled in two hard copy and electronic volumes. The instruments are produced in English and are in force on extradition and mutual legal assistance. The Compendium is an extensive compilation of relevant documents made available directly by national governments, as well as through in depth desk research. However, please note that the instruments in this Compendium may not be an exhaustive list for every country within the South Asia region. It is worth mentioning that the legal texts contained in the Compendium were either provided directly by the concerned Ministries (Foreign Affairs, Home Affairs, Law and Justice), Attorney General Offices, and Permanent Missions, National research institutes or found on official websites of relevant countries. In order to effectively update the Compendium, practitioners are encouraged to turn to their national administrations and provide us, as soon as possible, with legal texts which are either missing or which recently entered into force. You are invited to consult our website regularly for the latest update and for an optimal use of the Compendium. v Table of Contents Acknowledgments ..................................................................................................................................ii Foreword .............................................................................................................................................. iii Note for the Reader ................................................................................................................................v Volume I AFGHANISTAN National Laws: • Criminal Procedure Code, Islamic Republic of Afghanistan, 2014 ................................................3 • Law on Extradition of the Accused, Convicted Individual and Legal Cooperation, 2013 ..............4 • Law on Combat against Terrorist Offences, 2008 ..........................................................................22 • Law on Combating the Financing of Terrorism, 2004 ..................................................................33 • Law on Crimes against Internal and External Security, 1987 ........................................................46 • Amendments to the Anti-Money Laundering and Proceeds of Crime, 2004 ................................55 Extradition Treaties: • Extradition Agreement between the Islamic Republic of Afghanistan and the State of the United Arab Emirates, 2008 .................................................................................................61 Transfer of Offenders Treaties: • Agreement on the Transfer of Sentenced Persons between the Islamic Republic of Afghanistan and the United Arab Emirates, 2013 .............................................................................................68 BANGLADESH National Laws: • The Extradition Act, 1974 ..............................................................................................................77 • The Mutual Legal Assistance in Criminal Matters Act, 2012 ........................................................85 • The Mutual Legal Assistance in Criminal Matters Rules, 2013 ...................................................100 • The Anti-Terrorism Act, 2009 ......................................................................................................115 • The Anti-Terrorism Rules, 2013 ...................................................................................................143 vii Table of Contents Extradition Treaties: • Treaty between the Kingdom of Thailand and the People’s Republic of Bangladesh relating to Extradition, 1998 .........................................................................................................................163 • Treaty between the Republic of India and People’s Republic of Bangladesh relating to Extradition, 2013 ..........................................................................................................................173 Mutual Legal Assistance Treaties: • Agreement between the Government of the Republic of India and the Government of the People’s Republic of Bangladesh on Mutual Legal Assistance in Criminal Matters, 2010 .......................181 Transfer of Offenders Treaties: • Agreement between the Government of the Republic of India and the Government of the People’s Republic of Bangladesh on Transfer of Sentenced Persons ....................................189 Counter Terrorism Cooperation Treaties: • Agreement between the Government of the Republic of India and the Government of the People’s Republic of Bangladesh on Combating International Terrorism, Organised Crime and Illicit Drug Trafficking, 2010 ......................................................................................................196 BHUTAN National Laws: • Constitution of Bhutan, 2008
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