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Advice and representation in the context of international law
The scope of the law is not limited to state borders. Indeed, more and more citizens are called upon to seize or defend themselves before foreign and/or international jurisdictions.
This course can very quickly turn out to be very complex for an individual. This is why your lawyer intervenes to take charge of the follow-up of your file and the defense of your interests.
Master GASIMOV's areas of expertise in this area are as follows:
- International arbitration
- International relations law
- Referral to international organizations recognizing the individual complaint mechanism.
Limited in number, the international bodies likely to be seized by an individual are above all those created within the framework of the United Nations.
These are the following bodies:
- The United Nations Human Rights Committee
- The Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- The Sub-Commission for the Prevention of Discrimination and the Protection of Minorities
- The International Committee on the Elimination of All Forms of Racial Discrimination.
Exequatur des jugements étrangers en France
La procédure en exequatur consiste à obtenir l'application d'une décision rendue par un Tribunal étranger en France. C'est le Tribunal Judiciaire territorialement compétent qui est chargé d'examiner le bien fondé d'une demande en exequatur. La procédure devant le Tribunal Judiciaire se fait avec le concours d'un avocat.
La procédure d'exequatur obéit à des règles strictes que la partie requérante doit justifier avoir respecté. A défaut, la demande en exequatur présentée devant le Tribunal Judiciaire risque d'etre rejetée.
C'est pourquoi, l'assistant d'un professionnel de droit est primordial dans le cadre de telles affaire.
Maitre GASIMOV a intervenu à plusieurs reprises devant les Tribunaux français aussi bien en demande qu'en défense. Très souvent, notre cabinet a obtenu l'exequatur en France de jugements rendus par des Tribunaux étrangers. Mais aussi, notre cabinet, intervenant pour les interêts de la défense, a, à plusieurs reprises, réussit à empêcher l'exequatur de jugements étrangers en France en soulevant notamment des manquements aux règles strictes de l'exequatur par la partir adverse.
Le Cabinet de Me GASIMOV intervient sur des questions concernant le Droit International et plus spécifiquement dans le cadre des procédures en exequatur.
European Mutual Legal Assistance
The European Convention on Mutual Assistance in Criminal Matters, signed in Strasbourg on 20 April 1959 within the framework of the Council of Europe, provides that the Contracting States grant each other the widest possible legal aid in criminal matters in order to investigate and to judge offenses under optimal conditions. Pursuant to Article 26 of the Convention, France and Switzerland have resorted to a bilateral agreement.
The text in force in 32 countries concerns, first of all, letters rogatory, which are the most common means of mutual legal assistance. These are defined as "the missions that an authority in charge of the functions of instruction gives to another authority to carry out certain acts of information that it does not want or cannot accomplish itself". The convention thus specifies (art. 3) that the requested State undertakes "to execute, in the forms provided for by its legislation, the letters rogatory relating to a criminal case which will be addressed to it by the judicial authorities of the applicant and whose purpose is to carry out acts of investigation or to communicate exhibits, files or documents".
That being so, Article 5 of the Convention authorizes any Contracting State to reserve the right to make the execution of letters rogatory for the purpose of search or seizure of objects subject to certain conditions.
The content of the agreement also covers other forms of mutual assistance:
- the delivery of legal documents - in particular extracts from criminal records in the context of a criminal case;
- the delivery of procedural documents or judicial decisions or mutual assistance concerning the appearance of witnesses, experts and accused persons;
- denunciation for the purposes of prosecution, introduced by Article 21 of the Convention, which allows a State to request another Contracting State to institute proceedings against a person who, having committed an offense in the requesting country, would then take refuge in the requested country from which he could not be extradited, if he were, for example, a national of that State.
Article 15 of the convention (Title V) also specifies that letters rogatory are addressed from the Ministry of Justice to the Ministry of Justice, except in the event of an emergency where requests may be made directly from the judicial authority to the judicial.
Finally, any refusal to provide assistance must be reasoned (art. 19).
Requests are made in writing, transmitted and executed directly by the national judicial authorities.
Requests for the temporary transfer or transit of detainees and for transmission of conviction notices must go through the central authorities of the countries of the Union.
In urgent cases, requests may be made through Interpol or any other competent organization under the rules of the Treaty on European Union.
The country of the Union from which assistance is requested (requested country) must comply with the formalities and procedures indicated by the country of the Union which made the request (requesting country) and carry it out as soon as possible, taking best account of the deadlines indicated.
With regard to procedural documents, the countries of the Union send directly by post to persons who are on the territory of another country of the Union, the documents which are intended for them. In some cases, the competent authorities of the requested country are responsible for sending these documents.
A judicial authority or a central authority in a country of the Union may establish direct contact with a police or customs authority of another country of the Union, or, in the case of requests for mutual assistance relating to proceedings, with an administrative authority of another EU country.
The countries of the Union can spontaneously share information concerning criminally punishable acts and administrative offenses for which the sanction or treatment is the responsibility of the recipient authority.
Specific forms of mutual assistance
Stolen objects found in another country of the Union are made available to the requesting country with a view to their return to their owner.
A person detained on the territory of a requesting country may, with the agreement of the authorities, be temporarily transferred to the country where the investigation is taking place. If required by one of the countries, the consent of the person concerned will be a necessary condition for his transfer.
A witness or expert may be heard by the judicial authorities of another EU country by videoconference if this is not contrary to the fundamental principles of the requested country and if all the parties involved agree.
Controlled deliveries are authorized on the territory of another EU country in the context of criminal investigations relating to offenses liable to give rise to extradition.
Two or more countries may set up a joint investigation team for a specific purpose and for a limited period on the basis of a common agreement concluded between them
Investigations may also be carried out by officers acting under a secret or fictitious identity, provided that they comply with national laws and procedures.
Telecommunications may be intercepted, at the request of the competent authority of another country of the Union, designated to do so in this country of the Union.