The European Convention on Mutual Assistance in Criminal Matters was concluded at Strasbourg on 20 April 1959. Signatories: governments members of the Council of Europe. Authentic texts: English and French, a single original in the Council’s archives. Depositary: the Secretary General. It is not the European Convention on Extradition of 13 December 1957, which the preamble recalls as related, and not the Additional Protocol of 1978 or the Second Additional Protocol of 2001.

Article 1 undertakes the widest measure of mutual assistance in proceedings for offences which, at the time of the request, fall within the jurisdiction of the requesting Party’s judicial authorities. The Convention does not apply to arrests, the enforcement of verdicts, or offences under military law which are not offences under ordinary criminal law. Article 2 allows refusal if the offence is considered political or fiscal, or if execution would prejudice sovereignty, security, ordre public or other essential interests. Letters rogatory, search or prisoner-transfer handbooks are not transcribed.

Chapters II–IV, as a principle: letters rogatory for evidence, service of documents, appearance of witnesses and experts, channels between ministries of justice. Article 22 provides a periodic exchange of judicial-record entries concerning the other Party’s nationals. Reservations are notified to the depositary (Art. 23). Article 26 leaves room for supplementary bilateral agreements, without setting aside conventions on specific fields.

Article 27: open for signature by Council members; ratification; entry into force 90 days after the third instrument. For the Council, 12 June 1962. Accession by non-members is by unanimous invitation of the Committee of Ministers of the ratifying members (Art. 28). Denunciation takes effect six months later (Art. 29). The register source is the old conventions.coe.int page; the working text is the ETS 30 PDF on rm.coe.int.

Cover: Palais du Rhin, Strasbourg, a building of the period in the city of signature; no claim is made to the hall. The Palais de l’Europe dates from 1977, so it is not the 1959 venue. Wikimedia Commons, free licence.

Sources consulted: European Convention on Mutual Assistance in Criminal Matters; European Convention on Mutual Assistance in Criminal Matters (ETS No. 30).