'Direct execution of requests on State territory' in document 'Trinidad&Tobago - ICC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Miscellaneous

123. (1) The Prosecutor may execute a request that does not involve any compulsory measures on Trinidad and Tobago territory in the circumstances specified in article 99(4) of the Statute.
(2) If the Attorney General identifies difficulties with the execution of a request to which article 99(4)(b) of the Statute relates, the Attorney General shall, without delay, consult with the ICC in order to resolve the matter.
(3) The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under article 99 of the Statute

PART IX
INVESTIGATIONS OR SITTINGS OF ICC IN TRINIDAD AND TOBAGO

166. The Prosecutor may conduct investigations in Trinidad and Tobago territory—
(a) in accordance with Part 9 of the Statute and as specified in section 27; or
(b) as authorized by the Pre-Trial Chamber under article 57(3)(d) of the Statute.


167. The ICC may sit in Trinidad and Tobago for the purpose of performing its functions under the Statute and under the Rules, including, without limitation—
(a) taking evidence;
(b) conducting or continuing a proceeding;
(c) giving judgment in a proceeding; or
(d) reviewing a sentence.
168. While the ICC is sitting in Trinidad and Tobago, it may exercise its functions and powers as provided under the Statute and under the Rules.


169. The ICC may, at any sitting of the ICC in Trinidad and Tobago, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC.
170. No application for judicial review and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the ICC that is made or given at a sitting of the ICC in Trinidad and Tobago.
171. (1) A person in Trinidad and Tobago shall be kept in custody as the Minister directs in writing if—
(a) the ICC holds any sitting in Trinidad and Tobago; and
(b) the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in Trinidad and Tobago.
(2) A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.



(3) If an ICC prisoner is directed to be detained in a prison under subsection (1), the Prisons Act, so far as applicable and with all necessary modifications, applies with respect to that prisoner as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence against the law of Trinidad and Tobago, as the case may require, and is liable to be detained in a prison accordingly.
(4) An ICC prisoner who is in custody in a Trinidad and Tobago prison or other detention facility is deemed to be in lawful custody while in Trinidad and Tobago.
172. If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction under section 171(1) is no longer necessary, sections 150 to 156 apply with any necessary modifications to that person.

PART IX
INVESTIGATIONS OR SITTINGS OF ICC IN TRINIDAD AND TOBAGO

166. The Prosecutor may conduct investigations in Trinidad and Tobago territory—
(a) in accordance with Part 9 of the Statute and as specified in section 27; or
(b) as authorized by the Pre-Trial Chamber under article 57(3)(d) of the Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 99
Execution of requests under articles 93 and 96
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.