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 –

(iii) article 64 (which relates to various measures that can be taken by the 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

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 64
Functions and powers of the Trial Chamber

1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:
(a) Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;
(b) Determine the language or languages to be used at trial; and
(c) Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.

4. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(a) Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11;
(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;
(c) Provide for the protection of confidential information;
(d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;
(e) Provide for the protection of the accused, witnesses and victims; and
(f) Rule on any other relevant matters.

7. The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.

8. (a) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall
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satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.
(b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.

9. The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:
(a) Rule on the admissibility or relevance of evidence; and
(b) Take all necessary steps to maintain order in the course of a hearing.

10. The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.