Pakistan on 11th August 2020 promulgated the Mutual Legal Assistance (Criminal Matters) Act 2020. The law reportedly has been promulgated to satisfy one of the requirements of the FATF.
The purpose of the Act is to regulate the procedure of rendering and soliciting mutual legal assistance in criminal matters by Pakistan to countries whether Pakistan has a reciprocity arrangement with such countries or not. The parameters of the assistance which Pakistan may may want in reciprocation is wide and ranges from custody, search, seizure of properties to service of documents subject to the law of such country. The reciprocating country (or any country as it appears from the law) can also request Government of Pakistan for custody, search, seizure of properties and service of documents within Pakistan. The Government of Pakistan will then apply to a court of law for requisite warrants for such acts and the court will provide the same if it is satisfied that enough evidence exists for it to act in this manner. Hearings are to be conducted by the court and an eventual report is to be sent to the country which requested the legal assistance from the Government of Pakistan. The request for search and seizure shall also apply to electronic data and computer systems.
A person imprisoned in Pakistan can also be transferred to another country upon a request by such country under this law. The transfer is to processed by a court in Pakistan.
Above requests from a foreign country shall be carried out unless the same are in conflict with the Constitution of Pakistan.
The law is not to be applied for political persecution however towards the end the Act provides that any requests made directly to the National Accountability Bureau (the organization being used currently in Pakistan to charge and prosecute politicians ) shall be directly dealt with by the Bureau.
(c) Yousaf Amanat & Associates
The above is not intended to be a complete analysis or summary of the law.
