- Mutual legal assistance (MLA)
- Transfer of criminal proceedings
- Transfer of sentenced persons
Published in May 2018.
This module is a resource for lecturers
Research and independent study questions
a) What are some of the reasons why a States party to the Organized Crime Convention would not provide mutual legal assistance in a particular case?
b) Study the European Arrest Warrant (EAW) which requires Member States to arrest and transfer a criminal suspect or sentenced person to the issuing State to that the person can be put on trial or complete an imprisonment period. Why was there a need to the EAW? What best practices can the EAW offer to other countries and regional organizations? What are some of the challenges European officials encountered in the implementation of the EAW?
c) Conduct your own research on Enrique S. "Kiki" Camarena Salazar, a Mexican-born American undercover agent for the United States Drug Enforcement Administration (DEA), who was abducted on February 7, 1985, while on assignment in Mexico. He was tortured and murdered by a drug cartel. A physician, Humberto Álvarez Machaín, was accused by the DEA of using medicines to prolong Camarena's life only to continue the torture. Due to the difficulty of extraditing Mexican citizens, the DEA went as far as to detain the suspects, including Machaín, with the help of bounty hunters who forcibly brought them into the United States to stand trial. Discuss the legitimacy of forcible transfers of suspects.