Part III – General Provisions Relating to Requests for Assistance

20. Requests for assistance.
(1) This Part applies to a request by the ICC for assistance that is made under –

(b) any of the following articles of the Statute –


(ii) article 56 (which relates to various measures that can be taken by the Pre-Trial Chamber);

Part V – Domestic Procedures for Other Types of Co-operation

Locating or Identifying Persons of Things

43. Assistance in locating or identifying persons or things.
(1) Where the ICC requests assistance under article 19(8), 56, 64, or 93(1)(a) of the Statute in locating, or identifying and locating, a person or a thing believed to be in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency, if he or she has reasonable grounds to believe the person to whom or the thing to which the request relates is, or may be in Uganda.

(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall, without delay –

(a) use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and

(b) advise the Minister of the outcome of those endeavours.

(3) This section shall not be construed as giving any person a power to enter property in order to locate a person or item.

Part V – Domestic Procedures for Other Types of Co-operation

Locating or Identifying Persons of Things


48. Assistance in arranging service of documents.
(1) Where the ICC requests assistance under any of articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the person or body to be served is or may be in Uganda.

(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall, without delay –

(a) use its best endeavours to have the document served –

(i) in accordance with any procedure specified in the request; or

(ii) if that procedure would be unlawful or inappropriate in Uganda, or if no procedure is specified, in accordance with the law of Uganda; and

(b) transmit to the Minister –

(i) a certificate as to service, if the document is served; or

(ii) a statement of the reasons that prevented service, if the document is not served.

(3) In this section, document includes –

(a) a summons requiring a person to appear as a witness; and

(b) a summons to an accused that has been issued under article 58(7) of the Statute.

Part V – Domestic Procedures for Other Types of Co-operation

Examination of Places or Sites

56. Assistance in examining places or sites.
(1) Where the ICC requests assistance under 19(8), 56, 64, or 93(1)(g) of the Statute in examining places or sites in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the place or site is located in Uganda.

(2) Where the Minister authorises and transmits the request under subsection (1) the appropriate Ugandan agency shall without delay –

(a) use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested;

(b) make such report on the examination as it considers to be appropriate in the circumstances; and

(c) deliver the report of the examination to the Minister.

(3) This section shall not be construed as giving any person a power to enter a place or site.

Part V – Domestic Procedures for Other Types of Co-operation

Search and Seizure

57. Request for search and seizure.
(1) Where the ICC makes a request under article 19(8), 56, 64, or 93(1)(h) of the
Statute for search and seizure, the Minister shall give authority for the request to proceed and authorise in writing, a police officer to apply to the magistrate for a search warrant if the Minister has reasonable grounds to believe that any thing relevant to an investigation being conducted by the Prosecutor or proceeding before the ICC is or may be located in Uganda.

(2) Upon an application made to a magistrate under subsection (1) by a police officer authorised under that subsection, the registrar may, if satisfied that there are reasonable grounds to believe that the thing specified in the request made by the ICC is located in Uganda, issue a warrant authorising that a police officer or any other police Officer specified in the warrant to search for and seize that thing.
(3) The magistrate may issue a warrant under subsection (2) subject to such conditions as he or she may think fit to impose.

(4) Subject to any condition specified in the warrant, a warrant issued under subsection (2) authorises the police officer executing the warrant –

(a) to enter and search any place or to stop and search any vehicle in which the thing specified in the warrant is located or held, at any time by day or night;

(b) to use such assistants as may be reasonable in the circumstances for the purpose of such entry and search;

(c) to use such force as is reasonable in the circumstances to effect entry to such place or to stop or board such vehicle, and for breaking any receptacle in which thing specified in the warrant is placed; and

(d) to search for and seize the thing,

(5) A person called on to assist a police officer executing a warrant issued under subsection (2) may exercise the powers referred to in paragraph (c) and (d) of subsection (4).

(6) A police officer executing a warrant issued under subsection (2) shall –

(a) produce such warrant on initial entry, and if required to do so, at any time there after;

(b) give to the owner of the thing seized or any other person whom he or she has reason to believe has an interest in such thing, a notice specifying –

(i) the date and time of execution of the warrant;

(ii) the name and position of the person executing the warrant;

(iii) the thing seized under the warrant.

(7)A police officer seizing a thing under the authority of a warrant issued under subsection (2) shall deliver it into the custody and control of the Inspector General of Police.

(8) The Inspector General of Police shall inform the Minister that the things has been delivered to him or her and await the Minister’s directions as to how the thing is to be dealt with.

(9) Except as otherwise provided in this section, the provisions of the Magistrate Courts Act relating to search and seizure generally, apply to a search and seize under this section.

Part V – Domestic Procedures for Other Types of Co-operation

58. Protecting victims and witnesses and preserving evidence.
(1) Where the ICC requests –

(a) assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;

(b) assistance under article 19(8), or paragraphs (2) or (3) of article 56, in preserving evidence,

the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the assistance requested is not prohibited by Uganda law.

(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall without delay –

(a) use its best endeavours to give effect to the request;

(b) make such report on its endeavours as it considers to be appropriate in the circumstances; and

(c) deliver the report to the Minister.

Article 56
Role of the Pre-Trial Chamber in relation to a unique investigative opportunity
1. (a) Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.
(b) In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.
(c) Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.
2. The measures referred to in paragraph 1 (b) may include:
(a) Making recommendations or orders regarding procedures to be followed;
(b) Directing that a record be made of the proceedings;
(c) Appointing an expert to assist;
(d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;
(e) Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;
(f) Taking such other action as may be necessary to collect or preserve evidence.
3. (a) Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would
be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good
reason for the Prosecutor's failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to request such measures is unjustified, the Pre-Trial Chamber may take such measures on its own initiative.
(b) A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.
4. The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.