In many international investigations, a witness with vital information lives in another country. However, you cannot simply send a detective to knock on their door because jurisdictional boundaries prevent it. Therefore, obtaining their formal testimony requires a structured, legal process. Specifically, Mutual Legal Assistance (MLA) provides the authorized channel to conduct these witness interviews abroad. Ultimately, this ensures the evidence is collected lawfully and is admissible in court.
This 2025 guide details the specific procedures for arranging and conducting witness interviews through MLA. First, we will explain the different methods available. Then, we will outline the step-by-step process for making a request. Finally, we will clarify what both investigators and witnesses can realistically expect. Indeed, understanding these mechanics is essential for building a strong case when key testimony lies beyond your border.
⚖️ Why it is Necessary for witness interviews abroad via MLA
You cannot bypass a country’s sovereignty. Consequently, conducting official evidence-gathering activities without permission violates international law and jeopardizes the entire case. Thankfully, MLA provides that permission because it grants the requested state’s judicial authorities the power to act on your behalf.
- Legal Authority: It authorizes foreign officials to use their state’s legal power to compel attendance if necessary.
- Evidence Integrity: Moreover, it ensures the testimony is taken under proper legal safeguards, making it much more likely to be accepted by your domestic court.
- Witness Protection: Additionally, it provides a formal framework that protects the witness’s rights under the foreign country’s legal system.
📋 The MLA Request: Drafting for a Witness Interview
A request for a witness interview must be exceptionally clear and detailed. Otherwise, it may face delays or rejection.
What Your Letter of Request (LOR) Must Include:
- First, include Witness Identification: Provide their full name, date of birth, current address, and contact details.
- Next, provide the Nature of the Investigation: Offer a clear, concise summary of the case and the witness’s suspected connection to it.
- Then, explain the Purpose of the Interview: Specifically state what information you need and why it is relevant.
- Furthermore, provide a List of Questions or Topics: This detailed list prevents the interview from being deemed a “fishing expedition.”
- Finally, specify the Requested Procedure: Clearly state your preferred interview method (see below).
🎥 Methods for Conducting the Interview
There are three primary ways to conduct a witness interview via MLA. Each method has distinct advantages and limitations.
1. Commission Rogatoire (Letter of Request)
This is the most common method. In this process, the requested state appoints a judicial officer to conduct the interview.
- How it works: Your questions are sent to a foreign judge, who asks them to the witness under local law. Then, the session is recorded and transcribed.
- Pros: It has high evidentiary value and follows foreign procedural rules precisely.
- Cons: However, it offers no direct participation by your prosecutors and has limited flexibility for follow-up questions.
- What to Expect: You will receive a formal transcript or a video recording of the interview. Unfortunately, there is no live interaction.
2. Video Conferencing (Virtual Interview)
Technology now allows for live video link interviews, which are increasingly common.
- How it works: The witness sits with a judicial officer abroad. Meanwhile, your prosecution and defense teams participate live via a secure video link.
- Legal Basis: Typically, this requires a specific treaty provision, such as Article 10 of the Council of Europe’s Second Additional Protocol to the MLA Convention.
- Pros: Chiefly, it allows for real-time questioning and follow-up. Furthermore, it is more engaging and flexible.
- Cons: On the downside, it requires technical coordination and compatible systems. Also, time zone differences can be challenging.
- What to Expect: You must coordinate the technical setup well in advance. Importantly, the foreign judicial officer still presides over the session to ensure legality.
3. Joint Investigation Teams (JITs)
For complex cases, a JIT may be formed. This agreement allows your investigators to be physically present.
- How it works: A JIT is a formal agreement between countries. Consequently, your officials can work alongside foreign colleagues.
- Pros: It offers maximum flexibility and direct involvement.
- Cons: However, it is complex to establish and is typically reserved for major investigations.
- What to Expect: A lengthy setup process but the most collaborative outcome.
⏳ The Process and Timeline: What to Expect
Patience is critical because the process is slow and methodical.
- First, Drafting and Submission (1-2 months): You draft the precise LOR and submit it to your Central Authority.
- Next, Transmission and Review (2-4 months): Your Central Authority sends it abroad for legal review.
- Then, Scheduling and Notification (1-3 months): The foreign authority locates the witness and schedules the interview.
- After that, The Interview (1 day): The interview is conducted.
- Finally, Transcription and Return (1-2 months): The transcript is certified, translated, and returned.
Total Estimated Time: 6 to 12 months is a realistic timeframe.
⚠️ Challenges and Considerations
- Witness Reluctance: A witness may refuse to participate. However, the foreign state can often compel attendance.
- Language Barrier: Professional interpreters are required, which adds cost and complexity.
- Right to Silence/Right to Counsel: The witness may have the right to remain silent or have a lawyer present. Therefore, your questioning must respect these rights.
- Cultural Differences: To avoid issues, approach the interview with sensitivity to cultural norms.
📝 A Witness’s Perspective: What They Can Expect
For the witness, the process is formal and can be intimidating.
- They will receive an official summons from their own judicial authorities.
- The interview will be conducted under the laws of their home country.
- The atmosphere is formal, similar to a deposition or court hearing.
- They may be under oath to tell the truth.
❓ Witness Interviews via MLA FAQs
Q1: Can we interview a witness who is a suspect?
Yes, but their rights are enhanced. Therefore, the MLA request must make this clear. Specifically, the witness must be informed of their right to silence and to legal counsel.
Q2: What if the witness lies during the interview?
The witness would face perjury laws in the country where the testimony is given, not your country.
Q3: Can the defense attorney from our country participate?
In a video conference or JIT scenario, yes. However, in a traditional Commission Rogatoire, the defense may only submit questions in writing.
Q4: Is the testimony admissible if the witness cannot be cross-examined at trial?
This is complex. The transcript may be admissible under a hearsay exception, especially if the witness is unavailable. Therefore, this is a key strategic consideration.
Q5: What is the cheapest method?
The traditional Commission Rogatoire is often least expensive but offers the least flexibility.
🧭 Conclusion: A Powerful but Patient Process
Conducting witness interviews abroad via MLA is a powerful tool for justice. Although the process demands significant time, it is the only legally sound method to secure crucial testimony from overseas. Therefore, choosing the right method depends on the needs of your case.
By setting realistic expectations and preparing a flawless request, you can successfully gather the testimony needed to hold criminals accountable, no matter where they are.
For a broader understanding of the MLA process, read our guide on How to Request Mutual Legal Assistance: A Step-by-Step Guide for Lawyers. To ensure the testimony is admissible, see Cross-Border Evidence & MLA: Ensuring Admissibility in Court.