Assembly/AU/11 (XIII)
Annex II
Page 28
should, before refusing extradition and exercising universal jurisdiction, notify the
requesting state through diplomatic channels of its decision and take into due
consideration any representations made by the latter in relation to the proper
conduct of trial proceedings and conditions of detention in that state.
R14. Where a state which has apprehended a person suspected by a foreign state of a
serious crime of international concern extradites that person to the requesting
state, the latter state should inform the former state on a regular basis of the
progress of the criminal proceedings.
R15. AU Member States should consider establishing judicial ‘contact points’ with
Eurojust,175 with a view to exploring and strengthening international co-operation
in matters of criminal justice between AU Member States and EU Member States.
The AU may wish to consider co-ordinating the appointment of judicial contact
points from an appropriate number of states prepared to represent the interests of
the main regions of Africa, as well as one contact point from the AU itself.
R16. The EU network of contact points on genocide, crimes against humanity and war
crimes176 should consider discussing and developing ways forward in relation to
the concerns expressed by AU Member States over the exercise of universal
jurisdiction over African nationals by some EU Member States. The EU network
and the AU Commission should consider establishing co-operation with each
other in this regard.
R17. The relevant EU bodies should assist AU Member States in capacity-building in
legal matters relating to serious crimes of international concern, for example
within the framework of the Africa-EU Strategic Partnership. Such matters might
include training in the investigation and prosecution of mass crimes, the
protection of witnesses, the use of appropriate forensic methods, and so on.
175
Eurojust is an EU body established in 2002 to stimulate and improve co-ordination between the criminal justice authorities of
the Member States in dealing with the investigation and prosecution of serious cross-border crime, terrorism and organised crime,
in particular drug trafficking, money laundering and trafficking in human beings. It hosts meetings between investigators and
prosecutors from the various Member States on individual cases, on more strategic issues and on specific types of criminality. See
www.eurojust.europa.eu. For an account of Eurojust judicial ‘contact points’ with third states, see Eurojust Annual Report 2007,
52. The only AU Member State to have appointed a contact point to date is Egypt.
176
See Council Decision 2002/494/JHA of 13 June 2002, setting up a European network of contact points in respect of persons
responsible for genocide, crimes against humanity and war crimes.
Version 31 March 09(FINAL)