From the 13th to the 15th of February 2017, the Council of Europe in the framework of the Cybercrime@EAP II project organised a Workshop on reform of legislation to ensure compliance with Articles 16 and 17 of the Budapest Convention in Baku, Republic of Azerbaijan. The workshop built upon previous experience acquired within Cybercrime@EAP II and III projects in Azerbaijan by focusing on essential aspects of legislative reform and review in the field of cybercrime and electronic evidence, including from a viewpoint of existing international experience on the subject. Assistance to Azerbaijani authorities was provided by the Council of Europe Cybercrime Programme Office (located in Bucharest, Romania) within the framework of its Cybercrime@EAP II project, which aims to support the states of the Eastern Partnership on the issues of international cooperation in cybercrime and electronic evidence.
A team of experts with extensive experience in prosecution matters as well as in the application of substantive international law pooled together to share specialised expertise to representatives of responsible agencies of the Government of Azerbaijan. The mission was based on the request of the Government of Azerbaijan to review existing legislation, taking note of existing gaps or possible inconsistencies in national legislation in the sense of compliance with the Budapest Convention.
The workshop was a direct contribution toward supporting the reform of legislation (including the strengthening of the criminal procedural law) as well as towards strengthening the procedural powers available to 24/7 units, including by sharing international experience on the subject. The issues discussed by the various agencies of the Government of Azerbaijan were of capital interest for the cybercrime community, ranging from the need of basic concepts and clear definitions related to cybercrime and electronic evidence to the implementation of procedural powers set by Articles 16 to 21 of the Budapest Convention, as well as best practices and experience of the 24/7 point of contact operation.
In conclusion of the active dialogue and cooperation of responsible representatives with experts, the need for expertise within a further legislative drafting exercise was identified. The Cybercrime@EAP II project will follow-up on the conclusions identified and continue to lend support to further work with the Republic of Azerbaijan on issues of international cooperation on cybercrime and electronic evidence.
Source: CYBERCRIME;COUNCIL OF EUROPE
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