The Mutual Assistance Act needs to be amended to broaden the scope of assistance to which the safeguards of the Act apply. In particular, Australia should not provide assistance where a person may be convicted for an offence carrying the death penalty unless the requesting State gives an undertaking that the death penalty will not be imposed or if imposed will not be carried out:
- In civil law countries where evidence is being gathered or may be provided that could result in the death penalty.
- Where assistance may be provided on an officer level or any other level, irrespective of whether a request is or is not made.
B McConnell
President