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Sri Lanka -China initiate treaty on Mutual Legal Assistance in Criminal Matters

May 15, 2014

Negotiations were held in Beijing from 6 to 8 May, 2014 to discuss and finalize the draft treaty on Mutual Legal Assistance in Criminal Matters.

The objective of the treaty is to improve effectiveness of law enforcement of both parties in the investigation, prosecution and prevention of crime and the confiscation of criminal proceeds.  The Scope of Assistance to be provided includes the service of judicial documents, the obtaining of statements and evidence from persons, executing requests for search and seizure and the tracing and confiscation of proceeds and instrumentality of criminal activities.

 

The Sri Lankan delegation which was headed by Jayantha Jayasuriya PC, Additional Solicitor General comprised senior officials from the Legal Division of the Ministry of External Affairs, Ministry of Justice and the Embassy of Sri Lanka in Beijing.

 

The Chinese delegation headed by Sun Ang, Special Coordinator for Fugitive Repatriation and International Law Enforcement Cooperation, consisted of representatives from the Ministries of Foreign Affairs, Justice, Public Security and the Supreme People’s Court and Supreme People’s Procuratorate of China. After an in-depth examination of the draft treaty, the two sides reached agreement on all provisions and initialed the Treaty at the conclusion of the negotiations.

 

Since Sri Lanka enacted the Mutual Assistance in Criminal Matters Act No. 25 of 2002, it has to date signed similar Treaties with Hong Kong SAR, Thailand, India, Pakistan and the UAE, and initialled agreed texts with Russia and Belarus.

 

These Treaties make for provision of assistance by Sri Lanka to foreign countries with respect to criminal matters in those countries and for the obtaining of similar assistance from such countries by Sri Lanka.