CHAPTER II

RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE

Article 5

The area of activity of the Directorate of Justice Collaborators and Witness Protection

The Directorate for Justice Collaborators and Witness Protection exercises the following competencies:
a)prepares for review by the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators, proposals sent by the prosecutor for taking special measures of protection;

b)upon the request of the Prosecutor or the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators, and after performing the necessary verifications, presents additional information related to the technical aspects of the proposal for implementing the special measures of protection;

c)decides the application of temporary measures of protection until the final decision is taken by the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators in the cases and manner provided in this law;

ç) prepares and signs the agreements on the special measures of protection with the protected persons in accordance to this law;

d)follows up the implementation of the special measures of protection, approved by the Commission of Evaluation of Special Measures of the Witness Protection and Justice Collaborators;

dh) administers the database related to the activity of the Directorate and the progressing of the special measures of protection, and takes measures to safeguard and administer them in compliance with the appropriate level of the classification of the information, in accordance to the provisions in force;

e)administers the assets and funds in the disposal of the Directorate for the exercising of its activity and implementation of the special measures of protection;

ë) proposes and takes measures for coordinating the work with other institutions for the development of activities and implementation of the special measures of witness protection and justice collaborators;

f) manages the issues of collaboration with international bodies or other states, in the area of witness protection and justice collaborators;

g) prepares periodical reports on its activities, and makes proposals for the improvement of the legislation and activities of the institutions, for the implementation of special measures of witness protection and justice collaborators.

2. The Directorate of Witness Protection and Justice Collaborators, after receiving the approval in principle of the Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators, prepares the rules of a technical and operative character, for the conditions, methodologies and procedures of verification, preparation and implementation of ordinary and special measures of protection, for the manners, forms and means of communication, as well as for the administration of acts and information related to its activity .

CHAPTER II

RESPONSIBLE BODIES FOR WITNESS PROTECTION AND COLLABORATORS OF JUSTICE

Article 7

The meetings of the Commission

1. The Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators is convened by its chairman, or in case of absence, by the deputy, within 5 days from the submission of the proposal of the prosecutor for implementing the special measures of protection, as well as when it is requested by the General Prosecutor. In particular and emergency cases, the Commission is convened immediately.

2. The meetings of the Commission are valid when 3 members are present. The decisions of the commission are valid when they are approved by three members present in the meeting.

3. The Commission should take decisions not later than 10 days from the first meeting, and in any case, not later than 30 days since the submission of the relevant documents and the prosecutor's proposal.

4. All acts and information on the activities of the commission are considered as classified information.

5. The detailed rules related to the functioning and procedures of the work of the Commission, as well as the rights, obligations and treatment of its members, are to be provided in common instructions of the General Prosecutor, Minister of Public Order, Minister of Justice and Minister of Finance .

Article 11

Responsibilities for implementing the special protection measures

1. The Directorate of Witness Protection and Collaborators of Justice is responsible for the preparation, coordination and pursuance of the implementation of the special protection measures.

2. Ministries and other central institutions, based on the responsibilities and tasks provided by law, organize the work and are responsible for pursuing and implementing common and special protection measures for the protected people.

3. The bodies, mentioned in point 2 of this article, coordinate their work with the Directorate of Witness Protection and Collaborators of Justice, reply to the requests of this Directorate and those to the prosecutors, as well as inform on issues and circumstances that have to do with the preparation of proposals, implementation of special protection measures and relevant agreements made for this reason with the protected persons.

4. The detailed rules related to the tasks, responsibilities, forms, coordinating and informing procedures between the institutions, are to be defined by joint instructions of the Minister of Public Order, Minister of Justice and General Prosecutor.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.