E-Paper
229 legal assistance requests from India still pending with other G20 nations: Report
For instance, CBI’s MLA request to the US in actor Sushant Singh Rajput death case is pending for almost two years now.
There are 229 requests from India for help in investigation, prosecution, or identification of proceeds of crime in their geographies that other G20 countries did not respond to in the last five years even as India responded to all 24 requests it received in this period, according to a report prepared by G20 anti-corruption working group (ACWG) during India’s presidency.
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India, which sent out 253 requests, the highest among G20 countries, has recommended direct “agency-to-agency” co-operation to address the delays in responding to these so-called mutual legal assistance (MLA) requests, according to the report.
Such requests are made on the basis of mutual legal assistance treaties or MLATs in criminal matters. India has such treaties with 42 countries including 10 members of G20. The ministry of home affairs is in charge of sending these requests. Typically, these requests are sent out in connection with investigations being conducted by agencies such as the Central Bureau of Investigation and the Enforcement Directorate, and delays in responding to these often holds up investigations.
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For instance, CBI’s MLA request to the US in actor Sushant Singh Rajput death case is pending for almost two years now.
A CBI officer, on conditions of anonymity said: “We have very complex investigations which anyway take time. When certain countries sit on our MLA requests for long, it impacts not only our probe but delays filing a charge sheet and the trial”.
After India, France sent most MLA requests, 125 , followed by Russia (93), China (23) and Mexico (18) between 2018 and 2022.
The data analysed by the ACWG does not have data from the United States, Germany and 9 other members of G20 that didn’t share the same citing confidentiality, absence of statistics due to lack of mechanism for data collection, or not having specific corruption-related data.
Among the recipients of MLA requests from member countries, the UK was on the top with 450 such requests received between 2018 and 2022 out of which 350 were resolved, followed by Russia, which received 175 requests and resolved 159, France (136 received; 71 resolved), Canada (107 received; 69 resolved) and China (73 received; 46 resolved).
“Fast and efficient responses to MLA requests can greatly increase the success of corruption related investigation and prosecutions in corruption cases. When the MLA system works more efficiently, prosecutors and investigators have a greater chance of finding suspects, tracing, and seizing proceeds, and bringing to justice those who participated in the crime,” the report said.
“Conversely, and whatever their causes, delay in execution of MLA request coupled with lack of information about the status of requests can constitute significant impediments to the investigation and prosecution of corruption cases,” it added.
Some of the challenges faced by the G20 countries in preparing and executing MLA requests, according to the report, include differences in legal frameworks , lengthy bureaucratic processes, identification of correct (request) executing authority, poor quality of incoming MLA requests, unavailability of good translation of request and absence of effective communication channels.
During discussions for preparation of accountability report, India suggested direct communication between the investigation agency and the executing agency (agency-to-agency cooperation) and pre-consultation before sending a formal request.
It also suggested regular consultation among the central authorities in charge of such requests.
Prime Minister Narendra Modi, during Interpol’s 90th general assembly in October 2022,pushed for global cooperation in dealing with the dual threat of financial crimes and terrorism. “Let communication, collaboration and cooperation defeat crime, corruption and terrorism,” Modi said.
Highlighting that several initiatives are being taken by G20 countries to address the gaps and enhance cooperation, the accountability report says that “efforts have been made by G20 countries to undertake capacity building programs and provide technical assistance to other countries (especially developing countries) which play an instrumental role in building up the expertise of central agencies and enhancing the quality of MLA requests”.
The efforts include embracing digital space for quick information sharing, conferences between central agencies, law enforcement groups, legal experts; exchange of views on specific issues related to prosecution of MLA in criminal matters; organisation of study tours; training programmes for judges, clerks, police officers; prosecutors; assisting central agencies of other countries with legal commentary, translation and printing of bilateral mutual legal assistance treaties, etc, it added.
A key focus area of G20 nations has been “reducing the response time in the execution of MLA requests”.
The report also reiterates the 2013 G20 ‘high level principles on MLA’, which talks about mechanisms for informal cooperation between central authorities of requesting and requested country.
“Building on previous G20 commitments and agreements, an effort has been made to collect data to understand common reasons for pendency and refusal of MLA requests and suggest possible ways to address these challenges. Further, a broader focus has been on collecting good practices and understanding the common challenges faced by G20 countries in preparing and executing MLA requests,” the report said.A
