The places to be today tonight."A Nightly Spoleto Event"

Tuesday, March 06, 2012

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REMJA

Republic Commanders of The HCRE @ Ease


The OAS uses a four-pronged approach to effectively implement its essential purposes. The Organization’s four main pillars––democracy, human rights, security, and development––support each other and are intertwined through political dialogue, inclusiveness, cooperation, and legal and follow-up instruments that provide the OAS with the tools to maximize its work in the Hemisphere.

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Welcome to Spring Semester 2013

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The REMJA process is the premier policy and technical forum at the hemispheric level on matters related to the strengthening of and access to justice and international legal cooperation in areas related to mutual legal assistance in criminal matters; extradition; penitentiary and prison policies; cybercrime and forensic sciences, among others.
Within the framework of the Organization of American States (OAS) some extremely useful and significant progress has been made in improving and strengthening legal and judicial cooperation among the states of the Hemisphere. One major success is that efforts in this area have led to real cooperation processes that are ongoing and are intended to be permanent and that in no instance was it therefore a matter of simple, isolated, one-shot, or unconnected actions. The processes initiated in this area have, instead, been consolidated through institutionalization as real mechanisms for legal and judicial cooperation that enable follow-up on progress made, give them continuity, and move forward in establishing new cooperation agreements or measures within the framework of said mechanisms.

Prominent among these legal and judicial cooperation mechanisms is the process of Meetings of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA), including working groups and technical meetings operating under their purview.

The proposal to establish, within the framework of the OAS, a hemispheric forum for dealing with issues related to justice and legal and judicial cooperation through the REMJA was introduced to the Organization in 1996 by then Secretary General, César Gaviria. Until that time, unlike other areas, these particular subject areas had no hemispheric forum whatsoever for bringing together ministers and top officials. Not only was this a serious gap but it was a significant and costly weakness, because these are areas that undoubtedly call for joint efforts and coordinated action among states, if they are to be efficient and effective.

The idea of bringing together the Justice Ministers of the Americas found immediate and warm welcome from the OAS member states, with the General Assembly, at its twenty-seventh regular session held in June 1997, deciding to that end to convene and organize the first meeting of those authorities (REMJA I). Thanks to the offer by Argentina, that meeting was held in Buenos Aires, in December 1997.

This first meeting attested to the advisability and importance of continuing to hold these meetings on a regular basis, which was so acknowledged and mandated immediately afterwards by the Heads of State and Government at their Summit of the Americas in Santiago, Chile, and reiterated at subsequent Summits—in Quebec City, Monterrey, and Mar del Plata.

REMJA meetings have thus been held seven times since the Buenos Aires gathering—in Lima, Peru, in 1999 (REMJA II); in San José, Costa Rica, in 2000 (REMJA III); in Port of Spain, Trinidad and Tobago, in 2002 (REMJA IV); at OAS headquarters in Washington, D.C., United States, in 2004 (REMJA V); in Santo Domingo, Dominican Republic, in 2006 (REMJA VI); in Washington, D.C., United States, in 2008 (REMJA VII) and again in Brasilia, Brazil, in 2010 (REMJA VIII). El Salvador’s offer to host REMJA IX in 2012 was accepted at REMJA VIII.

The REMJA process has become the foremost hemispheric policy and technical forum for issues related to the strengthening of and access to justice and international legal cooperation in areas related to mutual assistance in criminal matters; extradition; penitentiary and prison policies; cybercrime; and forensic sciences, among others. So important and far-reaching are its concrete results that they have exceeded expectations articulated at the time the proposal to promote this type of meetings was originally put forward. It is now clear that the OAS member states recognize the benefits and usefulness of this process and how important it is to continue consolidating and strengthening legal and judicial cooperation within its framework.
Pursuant to Article 3 of the “Document of Washington,” the REMJA shall be attended by the Ministers of Justice or other Ministers or Attorneys General of the member states of the OAS with responsibilities in the area of international legal cooperation, in particular criminal matters.
Article 4 of the “Document of Washington” establishes the functions of the REMJA as follows:
Act as a hemispheric forum for information and experience sharing, public policy coordination, and consolidation and strengthening of cooperation in the areas of responsibility of the authorities who participate in these meetings.
Formulate recommendations to the OAS member states in order to ensure that the public policies and cooperation measures they adopt in the areas of responsibility of the authorities who take part in the REMJA are increasingly effective, efficient, and expeditious.
Follow up on their recommendations and, to that end, and as necessary, assign specific mandates to working groups or technical meetings, which shall submit reports to the REMJA on progress in the pursuit of said mandates between its meetings.
Continue to follow up and to authorize the furtherance of work under mandates currently in progress, which are the subject of recommendations from REMJA meetings held prior to the approval by REMJA of this document.
Promote strengthening of coordination and cooperation between the REMJA and other OAS organs, agencies, entities and mechanisms and, to that end, formulate recommendations and follow up on them to the extent they deem appropriate.
Promote and facilitate coordination and collaboration between the REMJA and other international cooperation processes in the areas of responsibility of authorities who take part in the REMJA.
Discharge its duties in relation to the Justice Studies Center of the Americas (JSCA) in accordance with their respective statutes, rules of procedure, and provisions that reform, supplement, or develop them.
Such other functions as may be necessary to improve and consolidate information and experience sharing, public policy coordination, and consolidation and strengthening of international cooperation in the areas of responsibility of the authorities who participate in the REMJA.
The “Document of Washington” governs the REMJA process. It was approved by consensus during the plenary session held on April 30, 2008, in the framework of the Seventh Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA VII), convened pursuant to Chapter X.2 of the Conclusions and Recommendations of REMJA VI and pursuant to OAS General Assembly resolutions AG/RES. 2228 (XXXVI-O/06) and AG/RES. 2266 (XXXVII-O/07) and Permanent Council resolution CP/RES. 929 (1629/08).

The provisions of the “Document of Washington” pertain to the name, composition, and functions of the REMJA; its organization and operation; working groups and technical meetings; relations with OAS organs, agencies, entities, and mechanisms; relations with other cooperation processes and with the Justice Studies Center of the Americas (JSCA); and the functions of the Technical Secretariat.
REMJA VIII (Brasilia, Brazil, February 24-26, 2010)
Conclusions and Recommendations
Final Report

REMJA VII (Washington, D.C., United States, April 28-30, 2008)
Conclusions and Recommendations
Final Report

REMJA VI (Santo Domingo, Dominican Republic, April 24-26, 2006)
Conclusions and Recommendations
Final Report

REMJA V (OAS Headquarters, April 28-30, 2004)
Conclusions and Recommendations
Final Report

REMJA IV (Port-of-Spain, Trinidad and Tobago, March 10-13, 2002)
Conclusions and Recommendations
Final Report

REMJA III (San Jose, Costa Rica, March 1-3, 2000)
Conclusions and Recommendations
Final Report

REMJA II (Lima, Peru, Mach 1-3, 1999)
Conclusions and Recommendations
Final Report

REMJA I (Buenos Aires, Argentina, December 1-3, 1997)
Conclusions and Recommendations
Final Report
The REMJA process has been established as the premier hemispheric policy and technical forum on issues related to the strengthening of and access to justice and international legal cooperation in areas mainly related to mutual assistance in criminal matters; extradition; penitentiary and prison policies; cybercrime; forensic sciences; trafficking in persons; transnational organized crime; and family and child law.
The Working Group on Mutual Assistance in Criminal Matters and Extradition, which shall be composed of the central authorities and other government experts on international legal cooperation with direct responsibilities in the area of mutual legal assistance in criminal matters and extradition in the OAS member states.
IV Meeting (San Salvador, El Salvador, March 31, April 1-2, 2009)
III Meeting (Bogota, Colombia, September 12-14, 2007)
II Meeting (Brasilia, Brazil, September 1-3, 2005)
I Meeting (Ottawa, Canada, April 30, May 1-2, 2003

For further information on the activities and developments of this Working Group, please visit the Criminal Matters Network.
The Working Group on Cyber-crime, which shall be composed of governmental experts with responsibilities in this area or in the area of international cooperation for investigation and prosecution of cyber-crime in the member states of the Organization.
VII Meeting (OAS Headquarters, February 6-7, 2012)
VI Meeting (OAS Headquarters, January 21-22, 2010)
V Meeting (OAS Headquarters, November 19-20, 2007)
IV Meeting (OAS Headquarters, February 27-28, 2006)
III Meeting (OAS Headquarters, June 23-24, 2003)
II Meeting (OAS Headquarters, October 14-15, 1999)
I Meeting (OAS Headquarters, May 12, 1999)

For further information on the activities and developments of this Working Group, please visit the Inter-American Cooperation Portal on Cyber-Crime.
The Working Group on Penitentiary and Prison Policies, which shall be composed of the authorities responsible for policies in this area in the OAS member states.
II Meeting (Valdivia, Chile, August 26-28, 2008)
I Meeting (OAS Headquarters, October 16-17, 2003)

For further information on the activities and developments of this Working Group, please visit: http://www.oas.org/dsp/English/cpo_carceles.asp

The Working Group on Forensic Sciences, which shall be composed of the governmental experts with responsibilities in this area in the member countries of the Organization.
I Meeting (OAS Headquarters, September 24-25, 2009)

For further information on the activities and developments of this Working Group, please visit: http://www.oas.org/dsp/English/cpo_forense_reunion1.asp
Taking into account the damage inflicted by the different manifestations of transnational organized crime and the threat it poses to democracies and to the economic and social development of states, as well as the urgent need to strengthen and enhance mutual legal and judicial cooperation at the hemispheric level, the REMJA meetings have recognized the advisability of continuing to deal with this issue as part of those meetings.

For further information on how this issue is dealt with in the framework of the OAS, visit:
http://www.oas.org/dsp/English/cpo_crimen.asp
Taking into consideration that trafficking in persons is a serious crime that should be criminalized, prevented, and combated by all states and that its victims are in a vulnerability situation that requires greater international attention and due assistance and security, the REMJA has recommended keeping this issue as a standing item on the agenda for its meetings.

For further information on how this issue is dealt with in the framework of the OAS, please visit: http://www.oas.org/dsp/espanol/cpo_trata.asp
Considering that under REMJA processes have arisen that have proven useful and effective to achieve the improvement of legal and judicial cooperation in criminal matters in the Hemisphere, REMJA VII considered for the first time the effective protection of victims and witnesses in criminal proceedings as a major issue for achieving that end.

For further information on national and regional activities and developments in the area of victim and witness protection, visit: http://www.oas.org/en/sla/dlc/witness_protection/default.asp
REMJA-VII mandated the OAS General Secretariat to establish, through its Secretariat for Legal Affairs, an inter-American project for legal cooperation and mutual assistance in the area of family and child law.

For further information on this project, visit the Network for Hemispheric Legal Cooperation in the Area of Family and Child Law.
Within the framework of the REMJA, extremely useful and important cooperation and training tools have been developed for the improvement and strengthening of legal and judicial cooperation in the Americas. They constitute concrete results for facilitating and promoting, among other aspects, the exchange of information and experiences, the coordination of public policies and the consolidation and strengthening of the relations between States.
Cooperation Agreement between the Ibero-American Association of Public Prosecutor’s Offices and the General Secretariat of the Organization of American States
Use of the Secure Electronic Communication System of the Criminal Matters Network through the “Educational Portal of the Americas”
Development of legislation and procedural measures related to cyber-crime and electronic evidence
Reform process and improvement of the criminal justice system

Gathering of statements, documents and physical evidence
Mutual Legal Assistance in relation to the tracing, restraint (freezing) and forfeiture (confiscation) of assets which are the proceeds or instrumentalities of crime
Forms on mutual legal assistance in criminal matters

Model Law on Mutual Assistance in Criminal Matters
Criminal Matters Network
The NETWORK is a set of electronic tools designed to facilitate and streamline cooperation and information exchange among central authorities, international legal cooperation authorities, and other government experts responsible for mutual assistance in criminal matters and extradition in the OAS member states


The Public Component
The Public Component is a free virtual library providing legal information on mutual assistance in criminal matters and extradition in the OAS member states.

The Private Component
The Private Component is an Internet site, which is password protected and contains information exclusively of interest to the central authorities, international legal cooperation authorities, and other government experts responsible for mutual assistance in criminal matters and extradition in the OAS member states.

The Secure Electronic Communication System
The Secure Electronic Communication System is software that facilitates information exchange through secure communication applications, such as instantaneous e-mail, workspaces, virtual meetings, and document exchange among geographically dispersed groups through public networks.

Inter-American Network of Legal Cooperation and Mutual Assistance in Family and Child Law
The OAS General Secretariat, through the Department of Legal Cooperation, of the Secretariat for Legal Affairs, provides technical secretariat and administrative services to the REMJAs.

Article 27 of the “Document of Washington” establishes the functions of the Secretariat.

AG/RES. 2657 (XLI-O/11) San Salvador, El Salvador, June 2011
AG/RES. 2581 (XL-O10) Lima, Peru, June 2010.
AG/RES. 2462 (XXXIX-O/09) San Pedro Sula, Honduras, June, 2009
AG/RES. 2369 (XXXVIII-O/08) Medellin, Colombia, June 2008
AG/RES. 2266 (XXXVII-O/07) Panama, Panama, June, 2007
AG/RES. 2228 (XXXVI-O/06) Santo Domingo, Dominican Republic, June, 2006
AG/RES. 2068 (XXXV-O/05) Fort Lauderdale, United States, June, 2005
AG/RES. 2040 (XXXIV-O/04) Quito, Ecuador, June, 2004
AG/RES. 1924 (XXXIII-O/03) Santiago, Chile, June, 2003
AG/RES. 1849 (XXXII-O/02) Bridgetown, Barbados, June, 2002
AG/RES. 1781 (XXXI-O/01) San José, Costa Rica, June 2001
AG/RES. 1763 (XXX-O/00) Windsor, Canada, June 2000
AG/RES. 1615 (XXIX-O/99) Guatemala, Guatemala, June 1999
AG/RES. 1562 (XXVIII-O/98) Caracas, Venezuela, June 1998
AG/RES. 1482 (XXVII-O/97) Lima, Peru, June 1997

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