PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Taking evidence and producing documents

83.
Taking evidence—

(1)If the Attorney-General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness must be taken in writing on the oath or affirmation of that witness by a District Court Judge.

(2)The Judge who takes evidence under subsection (1), must—

(a)certify that the evidence was taken by the Judge; and

(b)ensure that the evidence, as certified, is sent to the Attorney-General.

Cf 1995 No 27 s 22

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Taking evidence and producing documents

86.
ICC may give evidence certificate—

(1)In this section, ``evidence certificate'' means a certificate or declaration that—

(a)is given or made by or on behalf of the ICC; and

(b)specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—

(i)generally; or

(ii)in specified proceedings; or

(iii)in specified circumstances.

(2)An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4) as prima facie evidence of the matters stated in the certificate.

(3)A certificate is authenticated for the purposes of subsection (2) if it purports to be—

(a)signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or

(b)authenticated in any other manner authorised by the Statute or the Rules.

Cf 1995 No 27 s 27

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Taking evidence and producing documents

87.
Certain persons may appear—

(1)The following persons may appear and be legally represented at a hearing held under section 83 or section 84:

(a)the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates:

(b)any other person giving evidence or producing documents or other articles at the hearing:

(c)a representative of the Prosecutor or ICC.

(2)Subsection (1) applies subject to any contrary provision of the Statute or the Rules.

(3)A certificate by a Judge under section 83(2) or section 84(2) must state whether any of the persons specified in subsection (1) were present when the evidence was taken or the documents or other articles were produced.

Cf 1992 No 86 s 34

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court