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Mutual Assistance in Criminal Matters

Apr 30, 2015

Some swirling comment on whether the AFP were obliged to hand over the Bali9 to the Indonesians via a tip-off. Waleed Ali bursting into print to suggest it was required by the treaty between Australia and Indonesia concerning Mutual Assistance in Criminal Matters.

Most broadly the treaty states "The Contracting Parties shall, in accordance with this Treaty, grant to each other assistance in investigations or proceedings in respect of criminal matters". However, assistance is required only in response to specific requests for assistance. " Requests for assistance shall be made through the Central Offices which shall arrange for the prompt carrying out of such requests".

There is no suggestion that the AFP provided the information to their Indonesian counterparts except as a result of a tip-off from a barrister associated with the Bali9 family. It is unclear why a barrister would do such a thing or whether the barrister was performing any professional role.


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