'Rights during investigation - questioned in presence of counsel' in document 'Uganda - ICC Act 2010'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

47. Assistance in questioning persons.
(1) Where the ICC requests assistance under article 19(8), 56, 64, or 93(1)(c) or the Statute in questioning a person who is being investigated or prosecuted, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister is satisfied that there are reasonable grounds to believe that the person is or maybe 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 questioning that the ICC has requested;

(b) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(b) advise the Minister of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to Minister.

(3) A person questioned under this section shall notwithstanding anything inconsistent in any other enactment, be entitled to all the rights referred to in article 55 (2) of the Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.