Good Neighbour- Jamaica's Mutual Assistance Framework

• Author: Candice Rochester
• Pages: 352-373

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GOOD NEIGHBOUR?

JAMAICA’S MUTUAL ASSISTANCE

FRAMEWORK

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Introduction

Jamaica and its Caribbean neighbours are deeply aware and

concerned that nancial crimes, particularly those involving terrorism,

drug tracking and money laundering have the potential to destabilise

and contaminate national and international communities, as they

transcend national borders.2 At the international level, Jamaica has

signalled its commitment, through treaty ratication, to providing

mutual assistance to other States as a measure to combat these

serious oences. To this end, international co-operation has become

an important tool in Jamaica’s domestic and foreign policy, ensuring

co-operation between law enforcement bodies and facilitating

international mutual assistance initiatives within the region and the

wider international community.

Multilateral Framework

Jamaica is a party to several multilateral conventions which provide

for mutual legal assistance in criminal matters. ese Conventions

include the United Nations Convention against Illicit Trac in Narcotic

Drugs and Psychotropic Substances (the Vienna Convention),3 the

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Good Neighbour? Jamaica’s Mutual Assistance Framework

United Nations Convention against Transnational Organized Crime

(the Convention Against Transnational Organized Crime),4 the Inter-

American Convention on Mutual Assistance in Criminal Matters (the

Inter-American Convention)5 and the Caribbean Treaty on Mutual

Legal Assistance in Serious Criminal Matters (the Caribbean MLAT).6

Jamaica also participates in the Scheme relating to Mutual Assistance

in Criminal Matters within the Commonwealth (the Harare Scheme).

e Harare Scheme is a non-binding instrument but its adoption at the

level of Commonwealth Law Ministers demonstrates a commitment by

the Commonwealth to adhere to its guidelines in order to strengthen

the powers of the region, through mutual assistance in criminal

matters. is includes the tracing, seizure and conscation of proceeds

of crime.7

One of the primary objectives of this multilateral framework is

to provide mutual legal assistance to enable one State Party to obtain

assistance from another State Party in the investigation, prosecution

and suppression of criminal oences. Generally, this framework covers

a range of oences involving nancial crimes such as money laundering

emanating from crimes such as drug possession and cultivation, drug

tracking, corruption and terrorism.

ere are three notable features contained in these principal

instruments, which touch and concern mutual assistance among State

Parties. ey relate to the question of sovereignty, the procedure for

obtaining assistance and limitations on assistance. ey are discussed

below.

Sovereignty

ese instruments recognise the classic principles of sovereign

and territorial equality of States, and that of non-intervention in the

domestic aairs of other States.8 Indeed, it has been said that criminals

operate in a borderless world whilst law enforcement is constrained by

issues of sovereignty and territoriality.9 In practice, law enforcement

ocials may be constrained by sovereignty, in the absence of reciprocity

and double criminality. On the one hand, a State may require the

assurance that it will be aorded similar treatment in the jurisdiction