'Taking of evidence - national procedures for ICC proceedings' in document 'Mauritius - Mutual Assistance Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III - FORMS OF MUTUAL ASSISTANCE

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

(1) Notwithstanding any other enactment, where the Central Authority grants a request by a foreign State, or an international criminal tribunal, to obtain evidence or a search warrant in Mauritius, the Central Authority may apply to a Judge in Chambers for -

(a) an evidence-gathering order ; or
(b) a search warrant for the search of a person or premises, and removal or seizure of any document or article.

PART III - FORMS OF MUTUAL ASSISTANCE

7. Foreign request for a virtual evidence-gathering order

(1) Where the Central Authority grants a request by a foreign State, or an international criminal tribunal, to order a person to give evidence by means of technology that permits the virtual presence of the person in the territory over which the foreign State has jurisdiction or in the International Criminal Tribunal, it may apply to a Judge in Chambers for an order for the taking of the virtual evidence of the person.

PART III - FORMS OF MUTUAL ASSISTANCE

16. Enforcement of request for the location of the proceeds of crime

A Judge in Chambers may, on good cause shown by the Central Authority that a person is failing to comply with, is delaying or is otherwise obstructing an order made in accordance with section 15, order the Central Authority, or an officer authorised by the Central Authority, to enter and search the premises specified in the order and remove any document, material or other thing therein for the purposes of executing such order.

RELEVANT ROME STATUTE PROVISIONS

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