Artikel 30

1. Mutual legal assistance may, with due consideration to the principles stipulated under paragraph 2, be refused if:
a) The requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s race, gender, color, mental or physical disability, sexual orientation, religion, nationality, ethnic origin, political opinions or belonging to a particular social group, or that compliance with the request would cause prejudice to that person’s position for any of these reasons;
b) The request concerns a crime punishable by the death penalty under the domestic law of the requesting State Party, unless, in accordance with the domestic law of the requested State Party: (i) The requesting State Party gives credible, sufficient and effective guarantees, or, if requested by the requested State Party, agrees to a condition that fulfills the requirements of the requested State Party that the death penalty will not be imposed; or
(ii) Where possible under the domestic law of the requested State Party, if the death penalty has already been imposed, the requesting State Party gives credible, sufficient and effective guarantees, or, if requested by the requested State Party, agrees to a condition that fulfills the requirements of the requested State Party that the death penalty shall not be enforced;
(i) The requesting State Party gives credible, sufficient and effective guarantees, or, if requested by the requested State Party, agrees to a condition that fulfills the requirements of the requested State Party that the death penalty will not be imposed; or
(ii) Where possible under the domestic law of the requested State Party, if the death penalty has already been imposed, the requesting State Party gives credible, sufficient and effective guarantees, or, if requested by the requested State Party, agrees to a condition that fulfills the requirements of the requested State Party that the death penalty shall not be enforced;
c) The request concerns facts on the basis of which the prosecuted person has been finally judged in the requested State Party for a crime based on the same criminal conduct;
d) There are substantial grounds to believe that the person concerned by the request would be subjected to torture or other cruel, inhuman or degrading treatment or punishment, a flagrant violation of the right to a fair trial or other flagrant violations of fundamental human rights in the requesting State Party in accordance with the domestic law of the requested State Party;
e) The authorities of the requested State Party would be prohibited by its domestic law from carrying out the action requested with regard to a crime based on the same criminal conduct, had it been subject to investigation, prosecution or judicial proceedings under its own jurisdiction;
f) The request is not made in conformity with the provisions of this Convention;
g) The requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;
h) The request has been issued on behalf of an extraordinary or ad hoc court or tribunal of the requesting State Party, unless the competent authorities of the requesting State Party give assurances considered sufficient that the judgment will be rendered by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;
i) Granting the request would be contrary to the domestic law of the requested State Party relating to mutual legal assistance;
j) There are substantial grounds to believe that the person concerned by the request would face a real risk of a sentence of life imprisonment without parole or indefinite sentence.
2. When exercising their discretion under paragraph 1, States Parties shall take into consideration international and domestic principles of human rights and fundamental freedoms, including the rights to life, liberty and security of the person.
3. States Parties may not refuse a request for mutual legal assistance on the sole ground that the crime is also considered to involve fiscal matters, nor on the ground of bank secrecy.
4. Reasons shall be given for any full or partial refusal of mutual legal assistance.
5. Before refusing a request pursuant to this article or postponing its execution pursuant to article 32, paragraph 4, the requested State Party shall consult, where appropriate, with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.