Ir direto para menu de acessibilidade.
Portal do Governo Brasileiro
Início do conteúdo da página
374

1 - MEMORANDUM OF UNDERSTANDING ON COOPERATION IN THE FIELD OF HIGHER EDUCATION BETWEEN THE COUNCIL OF HIGHER EDUCATION OF THE REPUBLIC OF TURKEY AND THE MINISTRY OF EDUCATION OF THE FEDERATIVE REPUBLIC OF BRAZIL

2 - AGREEMENT ON THE TRANSFER OF SENTENCED PERSONS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE REPUBLIC OF TURKEY

3 - AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE REPUBLIC OF TURKEY


MEMORANDUM OF UNDERSTANDING ON COOPERATION IN THE FIELD OF HIGHER EDUCATION BETWEEN THE COUNCIL OF HIGHER EDUCATION OF THE REPUBLIC OF TURKEY AND THE MINISTRY OF EDUCATION OF THE FEDERATIVE REPUBLIC OF BRAZIL


The Council of Higher Education of the Republic of Turkey

and

the Ministry of Education of the Federative Republic of Brazil (hereinafter referred to as the “Parties”)

For the purpose of cooperation in the field of higher education and scientific research;

In the spirit of enhancing mutual understanding and respect between the peoples of both countries;

Desiring to strengthen their bilateral relations; and

Considering the Cultural and Educational Agreement between the Government of the Republic of Turkey and the Government of the Federative Republic of Brazil, signed in Brasília on the 10th day of April, 1995;

Have agreed on the following:

Article 1

The Parties shall work to provide the appropriate conditions for enhancing and developing friendly relations and cooperation between the Council of Higher Education of the Republic of Turkey and the Ministry of Education of the Federative Republic of Brazil, including – but not limited to – support for the signing of cooperation protocols between universities, vocational institutes, university research centers and higher institutes in their respective countries.

Article 2

The Parties shall facilitate the exchange of expertise, information and publications in all fields of higher education and scientific research in their institutions of higher education.

Article 3

The Parties shall implement the cooperation between and the exchange of scientists, faculty members and students within the framework of their laws and regulations.

Article 4

The Parties shall exchange the necessary information about equivalence of the degrees issued by the Parties in their respective countries, in accordance with the laws in effect in both countries.

Article 5

The financial arrangements to cover expenses for the cooperation undertaken within this MoU shall be mutually agreed upon by the respective parties on a case by case basis subject to provisions of legislation and the availability of funds and resources.

Article 6

This MoU aims at to enhancing and developing cooperation between the Parties and does not constitute a binding agreement to the States of the Parties under international law. No provision of this MoU shall be interpreted or implemented as creating legal rights or commitments for the States of the Parties. All disputes shall be resolved amicably.

Article 7

1. This MoU shall enter into force on the date of its signature.

2. This MoU shall remain in force for a period of three years and shall be automatically renewed for further periods of three years, unless either Party notifies the other, in writing, of its intention to terminate this MoU.

3. The termination will take effect six months after the date of the said notification. The termination of the MoU shall not affect the projects or programs undertaken under it and not completed at the time of termination.

Signed at Ankara, on October 7, 2011, in two original copies, each in the Portuguese, Turkish and English languages, all texts being equally authentic. In case of divergence in interpretation, the English text shall prevail.


AGREEMENT ON THE TRANSFER OF SENTENCED PERSONS BETWEEN THE FEDERATIVE REPUBLIC OF BRAZIL AND THE REPUBLIC OF TURKEY

The Federative Republic of Brazil

and

The Republic of Turkey, hereinafter referred to as the Parties,

Desirous of further promoting friendly relations and strengthening the cooperation in judicial matters, particularly in transfer of sentenced persons, on the basis of the principles of national sovereignty, equality of rights and non-interference in the internal affairs of the Parties,

Wishing to facilitate the rehabilitation of sentenced persons and

Considering that this objective should be fulfilled by giving foreign nationals, who have been convicted and sentenced as a result of their commission of a criminal offence, the opportunity to serve their sentences within their own society,

Have decided to conclude an agreement on the transfer of sentenced persons and agreed as follows:

Article 1 - Definitions

For the purpose of this agreement:

a) “Sentence" means any final punishment involving deprivation of liberty ordered by a court on account of a criminal offence;

b) "Judgment" means a decision of a court imposing a final sentence;

c) “Sentenced person” means that person who is serving a final and executable sentence in the sentencing State;

d) “Administering State" means the State to which the sentenced person may be, or has been, transferred in order to serve his sentence;

e) “Sentencing State” means the State in which the sentence was imposed on the person who may be or has been transferred.

Article 2 - General Principles

1. The Parties agree to afford each other the widest mutual cooperation in all matters related to the transfer of sentenced persons pursuant to the terms and provisions of this Agreement.

2. A person sentenced in the territory of one of the Parties may be transferred to serve the sentence in the territory of the other Party in due compliance with the provisions of this Agreement.

3. The transfer of a sentenced person may be requested by the sentencing state or by the administering state, upon expression of interest by the sentenced person to be transferred or by any person who is entitled to act on his behalf.

Article 3 - Central Authorities

1. Central Authorities in charge of the implementation of this Agreement for the Parties are:

For the Federative Republic of Brazil: the Ministry of Justice;

For the Republic of Turkey: the Ministry of Justice.

2. In case either Party changes its Central Authorities, it shall notify the other Party of the same through diplomatic channels.

3. The Ministry of Justice shall be responsible in the Federative Republic of Brazil for the decision of acceptance or refusal of the transfer.

Article 4 - Conditions for Transfer

1. A sentenced person may be transferred under this Agreement provided that :

a) the person is a national of the administering State;
b) the judgment is final;
c) at the time of receipt of the request for transfer, the sentenced person still has at least 12 months’ sentence to serve;
d) the transfer is consented by the sentenced person or by the sentenced person’s legal representative, where in view of his age, physical or mental condition, one of the Parties considers it necessary;
e) the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering State or would constitute a criminal offence if committed on its territory;
f) the Parties approve the transfer; and
g) the execution of the sentence is not contrary to the domestic law of the administering State.

2. In exceptional cases the Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1.c.

Article 5 - Obligation to Furnish Information and Supporting Documents

1. If the sentenced person has expressed an interest to the sentencing State in being transferred under this Agreement, the sentencing State shall send the following information and documents to the administering State unless either the administering or the sentencing State has already decided that it will not agree to the transfer:

a) the name and nationality, date and place of birth of the sentenced person and his address in the administering State along with a copy of his passport or any other personal identification documents, and fingerprints of the sentenced person, if possible;
b) a statement of the facts upon which the sentence was based;
c) the nature, duration and date of commencement of the sentence;
d) a certified copy of the judgment and a copy of the relevant provisions of the law under which the sentence has been passed against the sentenced person;
e) a medical, social or any other report on the sentenced person, where it is relevant for the disposal of his application or for deciding the nature of his confinement;
f) any other information which the sentencing State may specify as required to enable it to consider the possibility of transfer and to enable it to inform the sentenced person of the full consequences of transfer for him under its law;
g) the request of the sentenced person to be transferred or of a person entitled to act on his behalf in accordance with the law of the sentencing State;
h) a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission, or any other factor relevant to the enforcement of the sentence; and
i) after furnishing of the requisite information, a statement from the sentencing State agreeing to the transfer of the sentenced person shall be provided to the administering State.

2. For the purposes of enabling a decision to be made on a request under this Agreement, the administering State shall send the following information and documents to the sentencing State unless either the administering or the sentencing State has already decided that it will not agree to the transfer:

a) a statement or document indicating that the sentenced person is a national of the administering State;
b) a copy of the relevant law of the administering State which provides that the acts or omissions on account of which the sentence has been imposed in the sentencing State constitute a criminal offence according to the law of the administering State, or would constitute a criminal offence if committed on its territory;
c) a statement of the effect of any law or regulation relating to the duration and enforcement of the sentence in the administering State after the sentenced person's transfer including, if applicable, a statement of the effect of paragraph 2 of Article 10 of this Agreement on his transfer;
d) the willingness of the administering State to accept the transfer of the sentenced person and an undertaking to administer the remaining part of the sentence of the sentenced person; and
e) any other information or document which the sentencing State may consider necessary.

3. The documents presented by the Parties pursuant to the provisions of this Agreement shall be exempt from consular authentication.

Article 6 - Requests, Replies and Refuse

1. Requests for transfer and replies shall be made in writing.

2. Replies between the Parties shall be communicated through the Central Authorities.

3. Either Party may refuse to transfer the sentenced person. The requested State shall promptly inform the requesting State of its decision whether or not to agree to the transfer.

Article 7 - Consent and Verification

1. The sentencing State shall ensure that the person required to give consent to the transfer in accordance with paragraph (1) of Article 4 does so voluntarily and with full knowledge of the legal consequences thereof. Such consent shall be given according to the domestic laws or procedures of the sentencing State.

2. The sentencing State shall afford an opportunity to the administering State to verify through a consul or other official agreed upon with the administering State, that the consent is given in accordance with the conditions set out in paragraph 1 above.

Article 8 - Effect of Transfer for Sentencing State

1. The taking into charge of the sentenced person by the authorities of the administering State shall have the effect of suspending the enforcement of the sentence in the sentencing State.

2. The sentencing State may no longer enforce the sentence if the administering State considers enforcement of the sentence to have been completed.

Article 9 - Effect of Transfer for Administering State

1. The competent authorities of the administering State shall continue the enforcement of the sentence after the transfer of the sentenced person.

2. The enforcement of the sentence shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions.

3. The sentenced person who has been transferred for the purpose of serving a sentence cannot be tried or convicted for the same offence.

Article 10 - Continued Enforcement

1. The administering State shall respect the legal nature and duration of the sentence rendered by the sentencing State. No sentenced person shall be transferred unless the sentence is of an executable duration or has been adapted to be so.

2. If the sentence is by its nature or duration, or both, incompatible with the law of the administering State, that State may, with the prior consent of the sentencing State, by court or administrative order, adapt the sentence to a punishment or measure prescribed by its own law. As to its nature and duration the punishment or measure shall, as far as possible, correspond with that imposed by the judgment of the sentencing State. It shall however not aggravate, by its nature or duration, the sentence imposed by the sentencing State, nor exceed the maximum prescribed by the law of the administering State.

Article 11 - Review of Judgment

The sentencing State alone shall have the right to decide on any application for review of the judgment.

Article 12 - Termination of Enforcement

The administering State shall terminate enforcement of the sentence as soon as it is informed by the sentencing State of any decision or measure as a result of which the sentence ceases to be enforceable.

Article 13 - Information on Enforcement

The administering State shall provide information to the sentencing State concerning the enforcement of the sentence:

a) when it considers enforcement of the sentence to have been completed;

b) if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or

c) if the sentencing State requests a special report.

Article 14 - Transit

1. If either Party enters into arrangements for the transfer of sentenced persons with any third State, the other Party shall cooperate in facilitating the transit through its territory of the sentenced persons being transferred pursuant to such arrangements.

2. Transit may be refused if:

a) the sentenced person is one of its own nationals,
b) the request may infringe upon the sovereignty, safety, public order or any other essential interest of the Parties, or
c) the offence for which the sentence was imposed is not an offence under its own law.

Article 15 - Language

All the information and requests regarding the transfer of a sentenced person shall be furnished in the official language of the Party to which it is addressed, unless otherwise agreed upon.

Article 16 - Costs

Costs incurred exclusively in the territory of the sentencing State shall be borne by that State. Any other costs related to the transfer of the sentenced person shall be borne by the administering State, unless otherwise agreed upon.

Article 17 - Settlement of disputes

Any difficulties which may arise in connection with the application of this Agreement shall be settled through consultations between the Central Authorities and, if necessary, through the diplomatic channels.

Article 18 - Temporal Application

This Agreement shall be applicable to the enforcement of sentences imposed either before or after its entry into force.

Article 19 - Ratification

This Agreement shall be ratified in accordance with the constitutional provisions of the Parties.

Article 20 - Entry into Force

This Agreement shall enter into force on the 30th day after the last notification of either of the Parties in writing is received that their respective internal procedures for entry into force of this Agreement have been complied with.

Article 21 - Duration and Termination

1. This Agreement shall remain in force for an indefinite period and may be terminated by either Party at any moment.

2. The termination shall take effect six months after the date on which the other Party received notification.

3. In case of termination, this Agreement shall continue to apply to the enforcement of sentences of sentenced persons who have been transferred under this Agreement before the date on which such termination takes effect.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in Ankara, on the 7th day of October, 2011, in duplicate, in Portuguese, Turkish and English languages, all three texts having the same force. In case of difference in interpretation, the English text shall prevail.


AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN
THE FEDERATIVE REPUBLIC OF BRAZIL AND THE REPUBLIC OF TURKEY

The Federative Republic of Brazil

and

The Republic of Turkey, hereinafter referred to as "the Parties",

DESIROUS of further promoting friendly relations and of arranging mutual legal assistance in criminal matters on the basis of the principles of national sovereignty, equality of rights and non¬-interference in the internal affairs of the Parties,

WISHING to improve the effectiveness of the legal authorities of both countries in the investigation, prosecution and judicial proceedings in criminal matters, and to combat crime in a more effective way as a means of protecting their respective democratic societies and common values;

RECOGNISING the particular importance of combating serious criminal activities, including corruption, money laundering, illicit trafficking in persons, drugs, firearms, ammunition, explosives, terrorism and the financing of terrorism;

HAVING DUE REGARD for human rights and the rule of law;

MINDFUL of the guarantees under their respective legal systems which provide a defendant with the right to a fair trial by an impartial tribunal established pursuant to law;

DESIRING to conclude an Agreement on mutual legal assistance in criminal matters and acknowledging the application of this Preamble;

Have decided to conclude an agreement on mutual legal assistance in criminal matters and agreed as follows:

Article 1 - Scope of Assistance

1. The Parties shall undertake to afford each other mutual legal assistance in criminal matters, in accordance with the provisions of this Agreement and the domestic law of the Requested Party, for the purpose of proceedings related to criminal matters, including any measure taken in connection with the investigation, prosecution or judicial proceedings, as well as the restraint, seizure or confiscation of proceeds of crime and instrumentalities of the crime.

2. Mutual legal assistance in criminal matters includes:

a) effecting service of documents,

b) search, seizure and delivery of documents and property consisting of evidence,

c) crime scene investigation, expert examination, interrogation of accused and suspected and hearing of complainants, witnesses and experts,

d) transmitting of evidence, criminal records and documents,

e) temporarily transferring persons in custody,

f) locating or identifying persons when necessary as part of a wider request for evidence,

g) identifying, tracing, restraining, seizing, confiscating proceeds of crime and instrumentalities of the crime and assistance in related proceedings,

h) such other assistance as permitted by the domestic legislation of the Requested Party.

3. Assistance shall be provided without regard to whether the conduct that originated the request would be punishable under the legislation of both Parties. Where a request is made for search and seizure of evidence, or for restraint or confiscation of proceeds or instrumentalities of crime, assistance shall be provided only if the offence motivating the request is punishable under the law of both Parties.

4. For the purposes of this Agreement, the legal authorities who are competent to forward a request for mutual legal assistance to their Central Authority are those responsible for or entitled to conduct investigation, prosecution or judicial proceedings, as defined in the domestic law of the Requesting Party.

5. The Central Authorities of the Parties shall inform each other, as soon as possible, the authorities deemed competent to request mutual legal assistance, for the purposes of the Agreement. Furthermore, the Central Authorities of each of the Parties shall inform each other, whenever necessary, any changes which are to be made to the abovementioned list, in order to keep it up-to-date.

Article 2 - Central Authorities

1. For the Federative Republic of Brazil, the Central Authority shall be the Ministry of Justice.

2. For the Republic of Turkey, the Central Authority shall be the Ministry of Justice.

3. The Central Authorities shall communicate directly with one another for the purposes of this Agreement, which does not preclude communication through diplomatic channels.

4. The Parties may at any time designate any other authority as a Central Authority for the purposes of this Agreement. Notification of such designation will take place by exchange of diplomatic notes.

Article 3 - Provisional Measures

1. Upon express request by the Requesting Party, the competent authority of the Requested Party shall implement provisional measures in order to preserve an existing situation, to safeguard threatened legal interests or to preserve evidence unless the proceeding aimed at by the request appears to be clearly inadmissible or inappropriate under the law of the Requested Party.

2. Upon danger of undue delay, these measures may be implemented upon application as soon as a request is announced, so long as there is sufficient information to determine whether all the conditions were met. The provisional measures shall be annulled if the Requesting Party fails to submit a request for mutual assistance within the period of time specified to do so.

Article 4 - Form and Contents of the Request

1. A request for assistance in criminal matters shall indicate as follows:

a) the name and position of the requesting authority,

b) the subject of the investigation or the case,

c) the names of the suspected, accused or sentenced persons, as well as that of any person from whom evidence is sought, their domicile or residence and, where possible, nationality and profession, places and dates of birth and names of fathers and mothers,

d) names and addresses of the legal representatives of the persons referred to in sub-paragraph (c) of this Article,

e) the purpose of the request and the necessary information for execution of the request with the description of the facts to constitute offense and the nature of the offense, including the provisions of laws applicable to the case to which the request relates.

2. To the extent necessary and possible, a request shall also include:

a) the identity, date of birth and location of a person to be served, that person's relationship to the proceedings, and the manner in which the service is to be made,

b) available information on the identity and whereabouts of a person to be located,

c) a precise description of the place to be searched and of the articles to be seized,

d) a description of the manner in which any testimony or statement is to be taken and recorded,

e) a list of questions to be asked to a suspected, accused or sentenced person, complainant, witness or expert,

f) a description of any particular procedures to be followed in executing the request,

g) information as to the allowances and expenses to which a person asked to appear in the territory of the Requesting Party will be entitled,

h) any other information which may be brought to the attention of the Requested Party to facilitate the execution of the request,

i) requirements for confidentiality.

3. Requests and accompanying documents shall contain the signature and official seal of the requesting authority or their equivalent, according to the law of the Requested Party.

4. A request for assistance shall be in writing. Under urgent situations, the Central Authority of the Requested Party may accept requests made by electronic means. In such an exceptional case, the request shall be confirmed by the submission of the original and signed request in writing within fifteen days thereafter, unless the Central Authority of the Requested Party agrees on a different deadline.

5. The Requested Party may ask the Requesting Party to provide any further information, which appears to the Requested Party to be necessary for the purpose of executing the request.

Article 5 - Confidentiality and Limitations on Use

1. The Requested Party shall, upon request, maintain the confidentiality of any information which might indicate that a request has been made or responded to. If the request cannot be executed without a breach of confidentiality, the Requested Party shall so inform the Requesting Party, which shall then determine the extent to which it wishes the request to be executed.

2. The Requesting Party shall not use or disclose any information or evidence obtained under this Agreement for any purposes other than for the proceedings stated in the request without the prior consent of the Requested Party.

3. Unless otherwise indicated by the Requested Party when executing the request, any information or evidence whose content has been disclosed in a public judicial or administrative hearing related to the request may thereafter be used for any purpose.

Article 6 - Execution of Requests

1. The Central Authority of the Requested Party shall promptly transmit the request to the competent authority or, if possible, execute it. The competent authority of the Requested Party shall do everything in its power to execute the request.

2. The competent authority shall execute the request for mutual legal assistance in the manner specified by the provisions of the law of the Requested Party. However, the competent authority may, to the extent not contrary to the law of the Requested Party, at request, apply the law of the Requesting Party.

3. On the request of the Requesting Party, the Requested Party shall inform the date and place of execution of the request. The Requested Party may grant permission for the presence of the interested authorities of the Requesting Party during the execution of the request.

4. If the Central Authority of the Requested Party determines that execution of the request would interfere with ongoing proceedings or prejudice the safety of any person in the territory of the Requested Party, the Central Authority of that Party may postpone execution, or make execution subject to conditions determined necessary after consultation with the Central Authority of the Requesting Party. If the Requesting Party accepts the assistance subject to the conditions, it shall comply with such conditions.

5. The Central Authority of the Requested Party may ask the Central Authority of the Requesting Party to provide information in such form as may be necessary to enable it to execute the request or to undertake any steps which may be necessary under the laws of the Requested Party in order to give effect to the request received from the Requesting Party.

6. The Requested Authority, following the execution of the request, shall return the documents establishing the execution of the request to the requesting authority via its Central Authority or shall inform the latter why the request is not executed, with the reasons thereof.

Article 7 - Testimony or Evidence in the Requested Party

1. If the competent authority of the Requesting Party considers the personal appearance of a complainant, witness or expert before it, that competent authority shall so mention in its request for service of summons.

2. The Requested Party shall ask the person whose voluntary appearance in the territory of the Requesting Party is desired whether he agrees to appear. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party of his answer.

3. A request in the form of the previous paragraph of the present Article shall not contain any fine or other sanction for not complying with the summons.

4. The allowances, travel and subsistence expenses of complainants, witnesses and experts shall be borne by the Requesting Party.

5. A complainant, witness or expert, whatever his nationality, voluntarily appearing before a judicial authority in the Requesting Party, shall not be prosecuted, or detained or convicted or subjected to any other restriction of his personal liberty in the territory of that Party relating to acts before his departure from the territory of the Requested Party. Such persons shall benefit by the said criminal immunity also in respect of acts connected with the procedure constituting the subject matter of the investigation or proceeding.

6. If a complainant, witness or expert does not leave the territory of the Requesting Party within 15 consecutive days following the notification of that his presence is no longer required, the immunity provided in paragraph (5) of the present Article shall cease. In case of an event that prevents a complainant, witness or expert from leaving the territory of the Requesting Party, the correspondent delay shall be exempted from the 15-day period provided in this paragraph.The Central Authority of the Requesting Party shall also inform the Central Authority of the Requested Party of the notification.

Article 8 - Temporary Transfer of Persons in Custody

1. If the appearance of a person held in custody in the territory of the Requested Party is needed by the Requesting Party as a witness, the Central Authority of the Requested Party may consent to temporarily transfer that person, upon that person's acquiescence, to the territory of the Requesting Party.

2. For the purposes of this Article:

a) the Requesting Party shall be responsible for the safety of the transferred person and shall have the authority and the obligation to keep the transferred person in custody unless otherwise authorised by the Requested Party,

b) the Requesting Party shall return the transferred person to the custody of the Requested Party as soon as his presence is no longer required for the purposes of the request and in any event no later than the date upon which he would have been released from custody in the territory of the Requested Party, unless otherwise agreed by both Central Authorities,

c) the Requesting Party shall not require the Requested Party to initiate extradition proceedings for sending the transferred person back,

d) the period of custody in the territory of the Requesting Party shall be deducted from the period of detention, which the person concerned is or will be obliged to undergo in the territory of the Requested Party,

e) if the Requested Party informs that the transferred person must be released, he will be released by the Requesting Party and will be treated according to the Article 7 of this Agreement.

3. If the appearance of a person held in custody in the territory of a third State is needed as a witness, the Parties shall grant permission for transit through their territories.

Article 9 - Service of Documents

1. The Requested Party shall effect service of documents accompanied by the translations prepared in its language, in the manner provided for by its own law.

2. The current address of the recipient and the nature of the document shall be indicated in the request for service of documents.

3. If the documents cannot be served to the address indicated in the request, the Requested Party shall take necessary measures to determine the current address of the recipient. If it is impossible to do so, the Requested Party shall notify the Requesting Party thereof and return the documents to the latter Party.

4. The Central Authority of the Requesting Party shall transmit any request for the service of a document requiring the appearance of a person before an authority or court in the Requesting Party within a reasonable time before the scheduled appearance.

5. The Requested Party shall return a proof of service prepared in the manner provided by the law of the Requested Party and whenever possible in the manner specified in the request. This document shall include the date and the place of service.

Article 10 - Costs

1. The Requested Party shall bear the costs incurred in its territory and shall not be entitled to reimbursement, except for the following;

a) fees of experts and the allowances and expenses related to travel of persons pursuant to Article 7,

b) the costs of transferring persons in custody pursuant to Article 8.

2. If the execution of the request might require costs or other resources of an extraordinary nature, the Central Authorities shall consult with a view to reaching agreement on the conditions under which the request shall be executed and the manner in which costs shall be allocated.

Article 11 - Official Records

1. When the Requesting Party is conducting an investigation, prosecution or judicial proceeding, the Requested Party shall provide it, upon request, with copies of publicly available records, including documents or information in any form, in the possession of authorities in the Requested Party.

2. When the Requesting Party is conducting an investigation, prosecution or judicial proceeding, the Requested Party may provide it, upon request, with copies of any records, including documents or information in any form, that are in the possession of authorities in that Party, but that are not publicly available, to the same extent and under the same conditions as such copies would be available to its own competent authority. The Requested Party may at its discretion deny a request pursuant to this paragraph entirely or in part.

Article 12 - Video Conference Hearing

1. When a person in the territory of the Requested Party has to be heard as a complainant, witness or expert before competent authorities in the Requesting Party, the latter may request a video conference hearing.

2. The Requested Party may, at its discretion, agree with the request for a video conference hearing.

3. Besides the information described in Article 4, the requests for video conference hearing shall include the names of the authorities who shall be present during the hearing.

4. Each Party shall take the appropriate measures to ensure that their domestic law is applied in the same way as if it were a national proceeding when complainants, witnesses or experts, which are to be heard in the territory of either of the Parties pursuant to this Article, refuse to testify, although they are compelled to do so, or provide false statement.

Article 13 - imitations on Assistance

1. Requests for mutual legal assistance may be refused in the following cases:

a) The Requested Party is of the opinion that the request would prejudice its sovereignty, national security or public order,

b) The execution of the request is regarded by the Requested Party as being incompatible with its domestic law.

2. If a request for judicial assistance is refused in accordance with the provisions of the previous paragraph of the present Article, reasons shall be given thereof.

Article 14 - Language of the Request

1. Requests for assistance and supporting documents shall be accompanied with translations into the language of the Requested Party, unless otherwise agreed.

2. Documents obtained through the execution of a request shall be in the language of the Requested Party.

Article 15 - Consultation

1. The Central Authorities of the Parties shall consult, at the request of either, concerning the implementation of this Agreement, either generally or in relation to a particular case. The Central Authorities may also agree on such practical measures as may be necessary to facilitate the implementation of this Agreement.

2. The Central Authorities shall, upon request, mutually give information to each other on their law and practices in that State in regard with legal problems that constitute subject to the present Agreement.

Article 16 - Return of Documents and Articles

The Central Authority of the Requesting Party shall return any documents or articles furnished to it in the execution of a request under this Agreement as soon as possible unless the Central Authority of the Requested Party waives the return of the documents or articles.

Article 17 - Spontaneous Information

1. The Central Authority of a Party may, without prior request, forward information to the Central Authority of the other Party, when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings, or might lead to a request by that Party under this Agreement.

2. The Party that provides the information, according to its domestic law, may establish conditions under which the information may be used by the Receiving Party. The Receiving Party shall be bound by those conditions.

Article 18 - Certification and Authentication

Documents processed through the Central Authorities or diplomatic channels in accordance with this Agreement shall be exempted from certification or authentication.

Article 19 - Compatibility with Other Arrangements

Assistance and procedures set forth in this Agreement shall not prevent either of the Parties from granting assistance to the other Party through the provisions of other international agreements to which both of them are parties, or through the provisions of their domestic laws. The Parties may also provide assistance pursuant to any arrangement, agreement or practice which may be applicable between the Parties.

Article 20 - Settlement of Disputes

Any difficulties which may arise in connection with the application of this Agreement shall be settled through consultations between the Central Authorities and, if necessary, through the diplomatic channels.

Article 21 - Ratification, Entry into Force, Application and Termination

1. This Agreement shall enter into force on the 30th day after the last notification of either of the Parties in writing is received that their respective internal procedures for entry into force of this Agreement have been complied with.

2. This Agreement shall apply to any request presented after the date of its entry into force, even if the acts or omissions constituting the offence occurred before that date.

3. This Agreement shall remain in force for an indefinite period. Each Party may terminate the Agreement at any time by giving notice, in written form, to the other Party.

4. Termination shall take effect six months after the date when the other Party has received such notification.

5. In case of termination, this Agreement shall continue to apply to pending requests.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in Ankara on the 7th day of October, 2011, in duplicate, in Portuguese, Turkish and English languages, all three texts having the same force. In case of difference in interpretation, the English text shall prevail.

Fim do conteúdo da página