Spans in 'Mauritius - Mutual Assistance Act' tagged with 'Statement of purpose of request and assistance sought'

'Statement of purpose of request and assistance sought' in document 'Mauritius - Mutual Assistance Act'

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More information about the keyword 'Statement of purpose of request and assistance sought'
More information about the document 'Mauritius - Mutual Assistance Act'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II - REQUESTS

4. Request from Mauritius

(3) A request under subsection (1) shall be in writing and shall -

(d) explain the purpose of the request and the nature of the assistance being sought ;

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(2) Subject to section 5(5), a request by a foreign State, or an international criminal tribunal, for an evidence-gathering order shall -

(b) specify -
(ii) the question to be put to the person or the subject matter about which he is to be examined ;

PART III - FORMS OF MUTUAL ASSISTANCE

10. Foreign request for consensual transfer of detained persons from Mauritius

(3) A transfer order made under subsection (2) shall-

(b) order the person who has custody of the detained person to deliver him into the custody of a person designated in the order ;
(c) order the person receiving him into custody to take him to the foreign State, or to the international criminal tribunal, as the case may be, and, on return of the detained person to Mauritius, to return that person to a place of confinement in Mauritius specified in the order, unless the person is no longer required to be held in custody ;

RELEVANT ROME STATUTE PROVISIONS

Article 96
Contents of request for other forms of assistance under article 93
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.