Mutual Legal Assistance Treaties with the European Union, Germany, and
Japan
‘The American Journal of International Law, Vol. 98, No. 3 (Tul., 2004), 596.
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‘Tue Feb $ 10:03:12 2008596 ‘THE AMERICAN JOURNAL OF INTERNATIONAL LAW (Vol. 98
President George W. Bush stated that the “wrongdocrs will be brought tojustice,” “that the
actions of those folks Iraq do not represent che values of the United States of America,” and
that he “was sorry for the humiliation suffered by the Iraqi prisoners and che humiliation
sulfeced by their families." On May 13, UN secretary-general Kofi Annan stated thac there
‘was “ao doubt thatthe mistreatment of the prisoners has caused a real and deep damage" to
the efforts to restore Iraqi selégovernment.*!
Mutual Legal Assistance Treaties with the Buropean Union, Germany, and Japan
Since the 1970s, the United States has concluded numerous bilateral agreements —called
“mutual legal assistance in criminal matters treaties” (MLAT's)—that seek co regularize and
improve the effectiveness of cooperation between the U.S, governmentand foreign govern
ments on criminal matters.’ MLATS generally provide for the sharing of information and
evidence related to eriminal investigations and prosecutions, inchiding for drug trafficking
and narcoticerelated money laundering. Both parties are obligated to asistin the investiga-
tion, prosecution, and suppression of offenses in all forms of proceedings (criminal, civil,
cor administrative). Among other things, the treaties address the ability of one government
tosummon witnesses Jocated in the other government's territary, to compel the production
of documents and other real evidence, to issue search warrants, and to serve process, When
caneluding such an agreement, cach country designates central authonity (eg. for the United
States, the Departmentof Justice) responsible for direct communication between the states
‘on matters within the scope of the weaty”
‘During the firstsession of the 107th Congress (which met during 2001-2002), the Senate
consented to new MLATs with Belize, India, Ireland, Liechenstein, and the Russian Federa-
tion." On June 25, 2003, the European Union and the United States signed an MLAT, which,
‘nce it enters into farce, wall provide for eooperation berween the United States and all ewenty
five member states of the European Union.*On August 5, 2003, Japan and the United States
signed an MLAT in Washington D.C. and in November 2008, President Rush tcansmitted the
treaty to the US. Senate.* On October 15, Germany and the United States signed an MLAT
in Washington, D.C
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