'Unique provision - procedure' in document 'Ireland - ICC Act 2006'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 6
Miscellaneous

63.—
(1) In any proceedings—

(a) a document purporting—

(i) to be a request by the International Criminal Court for the arrest and surrender, or provisional arrest, of a person, or for any other form of assistance, or
(ii) to be a document (other than a document mentioned in paragraph (b)) supplied by the Court in relation to the request,

and to be signed by an officer of the Court is admissible, without further proof, as evidence of the request or document and of the matters mentioned in it,

(b) a document purporting—

(i) to be a copy of a warrant of arrest and surrender issued by the International Criminal Court or of a judgment or an order of the Court, and
(ii) to have been certified to be a true copy by an officer of the Court,
is admissible in evidence, without further proof, as a true copy of the warrant,

(c) a document purporting—

(i) to be a translation of a document mentioned in paragraph (a) or (b), and
(ii) to be certified as correct by a person appearing to be competent to do so,
is admissible, without further proof, as evidence of the translation,

(d) a document purporting to be a copy of the Rules of Procedure and Evidence or of the Elements of Crimes is admissible, without further proof, as evidence of those Rules or Elements,

(e) a document purporting to be a document received from the Court by fax is presumed, until the contrary is shown, to be the original document sent by the Court,

(f) a document purporting to be a certificate by the Minister that a state is or is not a state party to the Statute is admissible, without further proof, as evidence of that matter, and

(g) a document purporting to be a certificate by the Minister under section 38(8) (b) (ii) is admissible, without further proof, as evidence of the matters mentioned in it.

(2) In any proceedings against a person for an offence under this Act a certificate purporting to be signed by an officer of the Department of Foreign Affairs and stating that—

(a) a passport was issued by the Department to the person on a specified date, and
(b) to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish national,

is admissible, without further proof, as evidence that the person was an Irish national on the date he or she is alleged to have committed the offence.

(3) In any proceedings it shall be presumed, until the contrary is shown, that requests by the Court for the arrest and surrender, or the provisional arrest, of a person or for any assistance under Article 93—

(a) have been duly made and transmitted in accordance with the relevant provisions of the Statute, and

(b) are being made in connection with the investigation or prosecution of offences within the jurisdiction of the Court.