Agreement on Judicial Cooperation in Criminal Matters
between the Great Socialist People's Libyan Arab Jamahiriya
and the Republic of the Niger
- Out of the desire of the Great Socialist People's Libyan Arab Jamahiriya and the government of the Republic of the Niger, hereafter referred to as the two parties,
- To develop cooperation between them in the judicial field;
- Out of their determination to establish judicial cooperation in the criminal field and the extradition of criminals and convicts,
have agreed to enter into the following agreement:
Judicial Cooperation in the Criminal Field
- The two signatory parties shall undertake, by virtue of this Agreement, to establish shared cooperation between themselves to expand the possible scope in all cases related to crime subject to the jurisdiction of the party submitting the cooperation request at the time of its submission.
- Shared cooperation in the judicial field shall include the implementation of rulings, preliminary investigation with the suspect, hearing the statements of witnesses and experts, the seizure, inspection and confiscation of items, submission of documents and items related to criminal prosecution, as well as publication of rulings and reports.
- This agreement shall not include the implementation of provisions of arrest and conviction in crimes that involve violation of military duties.
Shared cooperation may be refused in the following cases:
- If the party receiving the request considers the request to be related to a political crime, a crime related to politics, or a crime related to fees, duties, customs, and currency exchange.
- If the party receiving the request considers the implementation of this request to prejudice the sovereignty, security, or public order thereof.
- The party receiving the request shall, in accordance with the legislation thereof, implement letters rogatory related to criminal cases referred thereto from the judicial authorities of the petitioning party and that pertain to the implementation of the provisions stipulated in Article (1), Item (2).
The letter rogatory request shall include the body that issued the request, the implementing body, all detailed information related to the facts of the criminal case, and the task that is to be implemented. It must be dated and signed with the stamp of the requesting body and have all other papers attached thereto.
- If the party submitting the request wishes for the witnesses and experts to give their testimonies after taking the oath and in accordance with a specific form, it shall clarify this in its request. The party receiving the request shall reply if this does not violate its legislation.
- The party receiving the request may refer copies or photocopies indicating the conformity thereof with the original requested files or documents to the requesting party. If the request applies to the referral of the same original, the requested party shall reply thereto if it deems the same to be possible.
If the requesting party indicates explicitly its desire to be notified by the implementing party, the latter shall make this notification in the appropriate time and place, and on the date specified for implementation of the letter rogatory to enable the relevant authorities and individuals, or their representatives in attendance, to perform the implementation in accordance with the limits permitted in the law of the party implementing the letter rogatory.
The action taken by virtue of a letter rogatory in accordance with the provisions of this agreement shall have the legal effect as if it had been taken before the requesting party’s competent body.
- The party receiving the request may delay submission of the requested items, files, or documents if these items are required thereby for a case under review.
- The original items, files, and documents that were submitted on the basis of the implementation of a letter rogatory shall be returned as quickly as possible by the requesting party, except if the party receiving the request waives the same in writing.
- If the requesting party considers that the personal appearance of a witness or expert before its judicial authority is a very important matter, it shall indicate the same in the summons document request. The party receiving the request shall transfer the witness or expert, or the summons thereof in order for him to appear before these authorities.
- The party receiving the request shall inform the requesting party of the response of the witness or expert in the case stipulated in Clause (1) of this article. The summons request must include notice of the approximate amount of compensation that is to be paid, as well as the travel and accommodation expenses.
- Every imprisoned or detained person requested to appear as a witness for confrontation shall be temporarily transferred to the territory in which the statements of witnesses or experts are to be heard by the requesting party, provided that it return the latter in the specified period to the party from which he was transferred.
- The transferred person must remain imprisoned or detained in the territory of the party to which he was moved, except if the transferring party requests the release thereof.
- The transfer request may be refused in the following cases:
- If the imprisoned or detained person refuses to be transferred.
- If his presence is mandatory for a criminal case under review in the territory of the party requested to undertake the transfer.
- If the transfer thereof would lead to an extension of his imprisonment or detainment.
- If there are other reasons that prevent the transfer thereof.
The witness or expert whose summons is requested and that has not complied with the summons request to appear before the court may not be subject to any penalty or procedure through coercion, even if an order therefor is included in the summons, if he thereafter submits himself voluntarily in the territory of the party requesting his transfer and is not legally wanted again.
The requesting party shall bear the compensation and payable travel and accommodation expenses for the witness or expert in accordance with rates that are at least equal to the rates stipulated in the tariff rates in effect with the requesting party.
- Any witness or expert, regardless of the nationality thereof and after being summoned to appear before the judicial authorities of the requesting party, may not be subject to prosecution or detainment, or subject to any custodial sentence, in the territory of this party for actions or a conviction that preceded his entry into the territory of the requesting party.
- Any person, regardless of his nationality, that was summoned to appear before the judicial authorities of the requesting party in response to actions for which he is being prosecuted may not be prosecuted or detained, or subject to any custodial sentence, in the territory of the requesting party for actions or a conviction that preceded his entry into the territory of the requesting party that is not the subject of the summons.
- The immunity stipulated in this article for witnesses or experts shall end after the passage of more than 15 consecutive days from the date judicial bodies of the requesting party no longer require his presence in their region, without him having left the country despite his ability to do so, or if he voluntarily returns thereto after his departure.
- The party receiving the request or the judicial authorities thereof shall refer copies of the judicial files and all information related thereto it is able to obtain that are requested therefrom by the judicial authorities of the requesting party due to the demands of a criminal case.
- In other cases unstipulated in Item (1) of this article, the request shall be responded to in accordance with the conditions stipulated therefor in the legislation and regulations and in accordance with the norms with the party receiving the request.
- Each party shall notify the other party of the operative criminal provisions pertaining to their citizens registered in the civil record. The General People’s Committee for Justice in the Great Jamahiriya and the Ministry of Justice in the Republic of Niger shall exchange this information every two years.
Cooperation requests shall contain the following information:
- The authority that issued the request.
- The purpose and topic of the request.
- The relevant identity and nationality, if possible.
- In the event of a request to submit a case document, the name of the recipient shall be indicated, as well as any permitted item of information to specify the identity and location thereof, in addition to the document or type of action that is to be notified.
- Indication of the accusation in the event of a letter rogatory, and a summary of the facts.
The judicial authorities of the two contracting parties shall communicate through diplomatic channels.
Judicial cooperation requests shall be recorded in the language of the requesting country. However, these requests and the documents attached thereto shall be accompanied by a certified facsimile translation in the language of the country receiving the request or in English or French, without prejudice to the provisions of Article (3), Clause (4).
Judicial cooperation requests and the documents attached thereto must be signed, stamped and certified by the competent authority. They shall be exempt from all ratification procedures.
- If the party receiving the request is unable to implement the judicial cooperation request, or refuses the implementation thereof, it shall notify the party requesting the cooperation immediately. It shall specify the reasons for lack of implementation.
- If the authorities receiving the cooperation request do not have competency to implement the request, they shall submit the judicial cooperation request to the competent body and notify the requesting party thereof.
Pursuant to the provisions of Article (9), the implementation of cooperation requests, including rogatory committees, shall not necessarily entail the payment of compensation for any expenses, with the exception of those that result from the involvement of experts in the territory of the requesting party.
Resuming Criminal Prosecution
- The two contracting parties undertake, in accordance with their internal laws and on the basis of a request from the other party, to bring criminal prosecution against the citizens thereof that committed a crime in the territory of the requesting party.
- The request related to resuming criminal prosecution shall be accompanied by the relevant verification documents for the committed crime.
- The party receiving the request shall notify the requesting party of the result of the submitted criminal case. When a final ruling is issued therein, it shall transfer a copy thereof to the latter.
Notification of Custodial Sentence
The competent authorities in either of the contracting parties shall immediately notify the other party, within the course of no more than three days through diplomatic or consular representation, when any of the citizens thereof is arrested or subject to any form of custodial sentence.
Extradition of Imprisoned and Detained Convicts
for the Purpose of Implementing Criminal Rulings
Both parties undertake, in accordance with the legal rules in force therein and the conditions stipulated in this agreement, to extradite imprisoned convicts or detained citizens to the requesting party for the purpose of implementing criminal rulings of a custodial sentence legally and finally issued against them.
In accordance with this agreement, the following terms shall have the meanings adjacent thereto:
- Convicting parties: The party where the imprisoned person was sentenced and extradited from.
- Implementing party: The party to which the convicted person was extradited for the implementation of his sentence.
- Imprisoned or detained convict: Any person that has had a judicial ruling of conviction issued in his regard in the territory of one of the two parties, and is detained and forced to serve the custodial sentence.
The request for the purpose of extradition shall be submitted by:
- Convicting party.
- Implementing party.
- The convicted person himself or his legal representative, who may submit the request to one of the parties on the basis of his choice.
The extradition stipulated in this agreement shall be performed in accordance with the following conditions:
- If the crime that is the subject of the request is subject to a custodial sentence in accordance with the legislation of both signatory parties.
- If the judicial ruling of conviction is final, definite, and subject to implementation.
- If the imprisoned or detained convict is a citizen of the implementing country.
- If the convicted person agrees to be transferred.
- If the remaining period of the convicted person’s detainment at the time of the extradition request is no less than six months from a custodial sentence.
However, the two parties may, in exceptional cases, agree on extradition even if the remaining sentence is less than six months.
- The convicting party must notify the “imprisoned or detained” convicted person of the essential elements related to the extradition procedures, especially his right to refuse extradition.
- The convicted person must be notified in writing of any decision taken by either of the parties in relation to the topic of the extradition request.
The extradition request shall be refused in the following cases:
- If the party receiving the request considers that extradition would prejudice the sovereignty, security, or public order thereof.
- If the extradition request is related to a sentence issued for actions that have already been adjudicated by the implementing party, and the penalty has already been implemented or extinguished by prescription.
- The conviction ruling shall not be based on facts pertaining to a criminal case that has already been completed in the country of implementation.
- If the conviction is issued for a crime considered by the implementing party to be a crime violating military duties.
The extradition of a convicted person may be refused in the following cases:
- If the competent bodies of the implementing party acquit the convicted person for the same actions, or if a dismissal order is issued therein.
- If the implementing party considers the crime to be political or connected therewith, or related to fees, duties, customs, or currency exchange.
- If the actions that caused the conviction are the source of prosecution by the implementing party.
- If the convicted person fails to pay the fees and expenses of judicial proceedings, and financial compensations of all types that are payable thereby.
- If the convicted person is a citizen of the convicting country from the date of commission of the actions that caused the conviction.
- If the minimum stipulated custodial sentence in the country of implementation is relatively less than the custodial sentence in the country of conviction.
The convicted person must agree to his extradition in the case stipulated in Article (22), Clauses (a) and (b), with his complete knowledge of the legal consequences thereof. When the convicted person is unable to express his approval through legal means, approval shall be obtained from his legal representative.
- The extradition request shall be recorded in writing with the following attachments:
- The operative clause or a facsimile of the ruling, with the implementation form and an attached certificate indicating that the ruling has acquired the force of res judicata.
- The legislative text or any other legislative provisions, or the applicable equivalent thereof, related to specification of the crime and the enforceable penalty therefor.
- As much specific information as possible about the convicted person, such as his citizenship, place of regular residence, and address.
- Certificate indicating the duration of detention, in order to deduct it from the remaining sentence duration.
- Report containing the approval of the convicted person or his legal representative for extradition.
- Any other document that would give importance to the request.
- If the party receiving the request considers the information and attachments submitted thereto to be insufficient, it may request the completion of information regarding anything he deems necessary. He may specify the time period for receiving this information, and may extend the same by virtue of a request containing justification therefor.
- The implementing party shall notify the convicting party of the maximum penalty for the same actions stipulated in the legislation thereof. This shall be done before accepting the request.
The party receiving the request must notify the requesting party of its decision to accept or refuse the requested extradition. The refusal, whether partial or full, must be justified.
Extradition requests shall be submitted by the General People’s Committee for Justice in the Great Jamahiriya or the Ministry of Justice in the Republic of Niger for the requesting party to the Secretariat or Ministry of Justice in the requested party.
All referred documents pertaining to extradition requests shall be exempt from ratification procedures. These documents must be signed and stamped by the competent authority.
Extradition requests and attached documents, as well as all shared information pertaining to and within the scope of extradition shall be recorded in the language of the requesting country. Attached thereto shall be an official translation in the language of the party receiving the request, or in English or French.
- In the event of the acceptance of the request, the competent authority in the implementing country shall replace the custodial sentence with a different sentence that is equivalent in its nature and duration to the imposed sentence in the country of conviction.
However, in the event of a lack of equivalence of a custodial sentence in terms of its nature and duration with the legislation in force in the country of implementation, this competent authority in this country shall approve the sentence stipulated in its legislation or any other provisions that have the status of law and is imposed for an equivalent crime. This sentence shall correspond as much as possible in terms of its nature and duration with the sentence imposed by the ruling that is to be implemented.
In each case, the implementing party shall be in contact by verifying the facts that form the basis of the ruling issued in the convicting party.
- Extradition must not, in any way, lead to the deterioration of the convicted person’s condition.
- The legislation of the implementing country shall specify the implementation procedures, including conditional release.
- The period of detainment served by the convicted person must be calculated as part of the sentence served thereby in the country of implementation.
- Rulings of the country of conviction shall have the same legal effect as rulings of the implementing party in the event of extradition of the imprisoned or detained convict.
- When the extradition request is accepted, the country of conviction shall extradite the convicted person to the country of implementation as quickly as possible.
- If the convicted person escapes from implementation of the sentence in the country of implementation, the country of conviction shall regain its right to execute the remaining duration of the sentence.
- The country of conviction shall finally lose its right to implementation if the convicted person serves the duration of his sentence, or is finally exempted therefrom.
- In the event that prosecution is being undertaken in the country of implementation pertaining to the crime that poses the basis of the request to extradite the convicted person, and the request is accepted, the country of implementation shall temporarily pause prosecution.
- The country of implementation shall regain its right to prosecution if the convict escapes from implementation.
- The country of implementation shall lose its right to prosecution if the sentence has been implemented, or if the convicted person has been pardoned therefrom finally.
Each signatory party to this agreement may grant general pardon with absolute freedom. In regards to special pardon or the replacement or reduction of a sentence, only the convicting party shall have the power to do so.
Only the convicting party shall have the right to adjudicate any proceedings related to cassating a conviction ruling.
The convicting party shall notify the implementing party immediately of any ruling or procedure that imposes a final or partial limit to implementation of the issued ruling.
- A convicted person that has been extradited in implementation of the provisions of this agreement, or sentenced to a custodial sentence, may not be prosecuted by the implementing party or extradited to a third country as a result of actions he committed before his extradition and for which extradition was not requested.
- The restriction stipulated in Item (1) of this article may not be applied:
- If the convicting party expresses its approval of prosecution, extradition, or ruling implementation.
- If the convicted person remains in the territory of the implementing party for a period of more than thirty days after his final release and his departure was possible, or if he voluntarily returned thereto.
The implementing party shall bear expenses incurred from the extradition request.
The provisions on extradition shall apply to mentally ill convicted persons, and those for whom medical treatment has been prescribed subject to the provisions of Article (26), Paragraph (2).
In accordance with the rules and within the scope of the conditions specified in the following articles, the two signatory parties to this agreement undertake to extradite individuals present in the territory of one of the parties that are prosecuted or convicted by the judicial authorities of the other party.
Extradition shall be approved in the following cases:
- For an action or actions that constitute, in accordance with the legislation of both parties, crimes punishable by a custodial sentence for no less than one year.
- For rulings issued pursuant to the legislation of the requesting party for crimes stipulated in Clause (a) of this article, on the condition that the sentence is no less than one year.
Extradition may not be permitted in the following cases:
- If the person whose extradition is requested is a citizen of the party receiving the request. National status shall be determined from the date of the crime for which the extradition is requested. However, this party shall, on the basis of a request from the requesting party, present this case to the competent authorities for the purpose of exercising the public right. It shall have the right in this regard to resort to the investigations performed by the requesting party.
- If the party receiving the extradition request considers the crime for which the request was submitted to be a political crime or related to politics, provided that attempted assault against the life of a leader or president of either countries or any other family members shall not be considered a political crime.
- If the crime for which extradition is requested is related only to violation of military duties.
- If the crime for which extradition is requested was committed in whole or in part in the territory of the party receiving the request, or in a part that is subject to the legal sovereignty of this party.
- If a final ruling has been issued for the crime for which extradition is requested by the judiciary of the party receiving the request, or if a decision has been issued for action not to be taken in the case.
- If upon the arrival of the extradition request the case has expired, or the penalty has expired due to completion of its duration pursuant to the legislation of one of the parties.
- If a pardon is issued by one of the parties.
- If the party receiving the extradition request has serious reason to believe that the extradition request, despite being submitted on the basis of a justification that the commission of the crime prejudices public right, is actually being submitted in order to facilitate the prosecution or punishment of the person due to considerations of race, religion, nationality, political opinion, or that this person’s condition may deteriorate for any of these reasons.
Extradition requests may be refused in the following cases:
- If the crime in question is not subject to the maximum sentence, except in the legislation of only one of the parties.
- If the crime for which extradition is requested is the subject of prosecution from the party receiving the request, or if a ruling has been issued therein by a third country.
- The extradition request shall be recorded in writing and transferred through diplomatic channels.
- The original extradition request or a facsimile copy thereof shall be submitted with the following attachments:
- Conviction decision, arrest warrant, or any other document with the same legal force issued in accordance with the procedure specified by the law of the requesting party.
- A brief summary of the facts for which extradition was requested, clarifying therein the date and place of the commission of the crime, the description thereof and the legal articles applicable thereto, as well as a copy of these rulings.
- A description of the person whose extradition is requested with the greatest possible precision, with any other available information that would assist in specifying his identity or nationality.
- In emergency cases, the judicial authorities of the requesting party may demand the temporary arrest of the person whose extradition is requested.
- The temporary arrest request must indicate the presence of one of the documents stipulated in Article (45), Clause (2), Paragraph (a). It must also indicate the committed crime, the duration of the penalty prescribed or issued therefor, the date and place of the commission of the crime, as well as, within the possible limits, all information that would assist in specifying his identity.
- The request shall be referred to the judicial authorities of the party from which extradition is requested either directly through the post or telephone, or through any other written means.
- If the request is legal, the competent authorities of the party receiving the request shall, in accordance with the legislation thereof, reply to the request. The requesting party shall be notified immediately of the procedures taken in regards to its request.
- A limit for temporary arrest may be imposed if the requesting party is not notified within twenty days of the date of arrest by an extradition request with the documents stipulated in Article (45), Paragraph (2) attached thereto.
- The temporary arrest period may not in any case exceed forty days.
- The arrested person may be temporarily released at any time. The party receiving the request shall then take the legal and organisational procedures it deems necessary to prevent the wanted person from escaping.
- The release shall not conflict with the person’s re-arrest, nor with extradition if extradition is later requested upon the completion of the request and the attachments thereof.
If supplementary information is necessary to verify that extradition conditions have been met but is omitted by the requesting party, and the party from which extradition is requested deems it possible to complete them and rectify this omission, it shall notify the requesting party thereof through diplomatic channels and specify a period for the submission thereof.
If the party from which extradition is requested receives multiple requests from other countries, whether for the same or for different crimes, it shall decide on these requests with absolute freedom. It shall take into consideration all circumstances, especially the date of these requests’ arrival, the seriousness of the crime, and the place it was committed.
- The party receiving the request shall submit, without prejudice to its rights or the rights of a third party and on the basis of a request from the requesting party, in accordance with the legal procedures in effect, the following items:
- Items that may be considered verification documents.
- Items obtained from the crime, whether found before or after the extradition of the wanted person.
- Items that were obtained in exchange for items from the crime.
- These items must be submitted even if the wanted person is not extradited due to death or escape.
- If it is verified that the party from which extradition is requested or a different country has gained rights over these items, the receiving party shall return them as quickly as possible following the completion of indictment and prosecution procedures at its own expense to the party from which extradition is requested, or to the country that has this right.
- The party receiving the request shall inform the requesting party of its decision regarding the extradition through diplomatic channels.
- Each complete or partial refusal of extradition must be justified.
- In the event of acceptance, the party receiving the request shall specify the appropriate method, place, and date for the extradition of the person whose extradition is requested. It shall notify the requesting party thereof a sufficient amount of time before the date.
- With the exception of the case stipulated in Clause (5) of this article, if the person whose extradition is requested is not received on the designated date, he may be released after the completion of 15 days from that date. He shall in any case be released upon the completion of thirty days. The receiving party may refuse extradition by the same action.
- In the event of the existence of exceptional circumstances that prevent extradition or the reception of the person whose extradition is requested, the relevant party shall notify the other party before completion of the period. The two parties shall agree on a different date, and possibly a different location for extradition. In this case, the provisions of the previous item shall apply.
- If the person whose extradition is requested is prosecuted or convicted by the party receiving the request for his commission of a crime other than the crime that is the subject of the extradition request, this party shall decide on the subject of the request and notify the requesting party of its decision in accordance with the procedures and conditions stipulated in Article (51), Clauses (1) and (2).
- In all cases, the extradition of the wanted person shall be postponed until the completion of justice with the party receiving the request from the court.
- However, the provisions of this article shall not pose an obstacle to temporarily sending the wanted person to appear before the judicial authorities of the requesting party, on the condition that he remain detained until he is returned by virtue of the adjudication of these authorities in the matter.
The person that was extradited may not be prosecuted, tried, or detained for the purpose of implementing a sentence or subjecting him to a custodial sentence for a crime committed before his extradition other than the crime for which he was extradited, except in the following cases:
- If the party that extradited him agrees. In this case, the relevant request must be submitted with the documents stipulated in Article (45) attached thereto, along with a judicial report including the statements of the person whose extradition is requested regarding the developments of the extradition. It shall indicate the possibility awarded thereto to defend himself before the authorities of the requesting party.
- If the person that was extradited to the requesting party does not leave the territory of this party after three days from his final release despite his freedom to do so, or returns thereto after his departure.
A person that was extradited may not be prosecuted or tried if the description of the criminal act that is the subject of the extradition changes during the course of proceedings, except if the new description of the elements constituting the crime permit extradition.
With the exception of the case stipulated in Article (53), Paragraph (b), the party that received the wanted person may not extradite him to a third country, except on the basis of the approval of the party that extradited him thereto. In this case, the party that received the wanted person shall submit a request to the party from which the person was extradited. Attached thereto shall be a copy of the documents submitted from the third country.
- Both parties shall agree to permit the passage through their territory of persons whose extradition is requested from a third country to either of the countries on the basis of a request sent through diplomatic channels from the requesting party. Attached thereto shall be the necessary documents indicating that the matter is related to a crime that may lead to extradition in accordance with the provisions of this agreement. The party from which the passage permission is requested may refuse the same if the person whose extradition is requested is a citizen thereof.
- In the event of the use of aerial means to transport the person that is to be extradited, the following rules shall be observed:
- If the airplane is not scheduled to land in a given territory over which it passes, the requesting party shall notify the party whose airspace the airplane will cross through that the documents stipulated in Article (45), Clause (2), Paragraph (a) exist. In the event of an emergency landing, this party may request the arrest of the person who is to be extradited, who shall submit a request for passage in accordance with the conditions stipulated in Paragraph (1) of this article to the party in whose territory the airplane landed. This shall be done within the period stipulated in Article (47).
- If the airplane is scheduled to land in a given territory, the requesting party must submit a request for passage in accordance with the provisions of Paragraph (1) of this article.
- Extradition may be postponed if the party receiving the passage request is itself requesting extradition until this party completes its work with the wanted person.
- The party receiving the extradition request shall bear all expenses arising from extradition procedures within its territory.
- The requesting party shall bear expenses arising from passage across the territory of the party receiving the request.
Extradition requests and the documents attached thereto shall be recorded in the language of the country submitting the request. They must be accompanied by an official translation in the language of the country receiving the request or in English or French.
Disputes related to the construal and application of this agreement shall be settled through diplomatic means.
The period of this agreement shall be five years. It shall be automatically renewed for equivalent periods unless one of the parties notifies the other party of its desire to end or amend it in writing six months before its date of expiration.
Each of the signatory parties shall inform the other party of the completion of constitutional procedures related to the entry of this agreement into force, that will enter into effect sixty days following the final date of notification.