Mutual legal assistance (MLA) is a method of cooperation between states for obtaining assistance in the investigation or prosecution of criminal offences. MLA is generally used for obtaining material that cannot be obtained on a police cooperation basis, particularly enquiries that require coercive means. Requests are made by a formal international Letter of Request (LOR). In civil law jurisdictions these are also referred to as ‘Commission Rogatoire’. This assistance is usually requested by courts or prosecutors and is also referred to as ‘judicial cooperation’.
Our clients’ cases often involve multiple jurisdictions and our role is to develop a bespoke strategy to challenge the legality of MLA request. Our expertise in public international law, the application of multilateral and bilateral treaties, as well as international refugee and human rights laws, enables us to address this complex assignments with efficiency and precision.
- Advised in the defence of a Venezuelan Special Envoy who was unlawfully detained en route to Iran. The case involved significant violations of diplomatic and customary international law, leading to a full presidential pardon granted by President Biden in December 2023.
- Facilitated the development of diplomatic dialogue between several states, including West African nations, the Americas, and Europe. This engagement addressed critical issues of judicial overreach and unilateral coercive measures.
- Successfully filed a submission to the African Commission on Human and People’s Rights on behalf of a high-profile individual, halting extradition pending investigation.
- Overturned a national decision at the ECOWAS Court of Justice, resulting in the client’s release, cessation of extradition, and compensation being ordered.
- Represented a Western Hemisphere government in successful filings before the UN Human Rights Committee and several UN Working Groups and Special Rapporteurs.