Procedure time table

The current Protocol for The Conduct of Cases of Prosecutors in Difficulty was adopted by the Executive Committee on 4 May 2021.

A request for assistance should be sent to the Secretary-General of the IAP. If a request has been sent to another official of the IAP or to a member of the Executive Committee or the Senate, this official or member must send this request to the Secretary-General of the IAP as soon as possible.

Within three days of receipt, the Secretary-General will acknowledge receipt by e-mail or letter. If necessary, the Secretary-General will also request further particulars in support of the request.

Within three days of receipt, the Secretary-General will inform the IAP President of the request.

Within 10 days of receipt of the request or any further particulars requested from the petitioner, the President and the Secretary-General will assess the merits of the request.

If the case is considered unsuitable for further processing by the IAP, the Executive Committee will be advised, and the Secretary-General will inform the petitioner about the decision within 14 days of receipt of the request.

If the case is straightforward, the facts are clear and no more than a statement of principle and/or a letter of support is required, the President, having notified the Executive Committee, will issue such a document to the relevant authority within 14 days of receipt of the request.

If the matter is urgent, but the final response is contingent upon the advice of the SCPID, the President may as an interim measure and having notified the Executive Committee, issue a statement of principle to the relevant authority within 14 days of the receipt of the request, indicating that a request for assistance has been received, noting that there may have been a breach of the IAP-Standards (and/or other legal instrument), advising that the matter is subject to investigation, and seeking the cooperation of the addressee with the inquiry.

If the case is not straightforward and requires further investigation, the President will send the documents to the SCPID within 14 days of receipt of the request. The role and responsibilities of the SCPID are set out in the Protocol. The final report of the SCPID should  be sent to the President within 4 weeks of the matter being referred by the President.

If the President accepts the advice of the SCPID, he/she will seek the endorsement of the Executive Committee within 3 days and the Executive Committee will inform the President about its view within 1 week.

After the approval of the Executive Committee the President will immediately inform the petitioner and the relevant authorities of the outcome.

If the SCPID needs more time for investigation, it will inform the President within 4 weeks  of the referral and, if possible, will give the President an indication how much more time is needed. The President will inform the petitioner about the situation within 3 days after receiving the message from the SCPID. If further time is needed for the investigation the President will keep the petitioner informed about developments.

If the SCPID decides to send an IAP factfinder to a jurisdiction during an investigation, the President will, if appropriate, notify the local authorities within 3 days of being informed by the SCPID of this need. The President will inform the local authorities about the nature of the mission, he will explain that the factfinder will be acting as a special representative of the IAP, and he will invite the authorities to extend every courtesy and support to the visitor.