'Transit proceedings' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART VI - ARREST AND SURRENDER OF PERSONS

18. Removal of person surrendered

(1) Any person in respect of whom an order to be surrendered has been made under section 15(5), or who agrees to his surrender, may be removed from Mauritius in the custody of a person authorized by the International Criminal Court to receive him and if the person escapes while being so removed, he may be arrested without a warrant by any person.

(2) Any person who –
(a) while being so removed, escapes or attempts to escape from custody; or
(b) rescues or attempts to rescue from custody any person being so removed,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 5 years .

PART IV - ARREST AND SURRENDER OF PERSONS

19. Entry into and passage through Mauritius

Any person entering and passing through Mauritius in custody by virtue of a warrant or order issued by the International Criminal Court shall, during his passage through Mauritius, be deemed to be in lawful custody and may be held in any police cell, prison or such other detention facility as may be designated by the Attorney-General.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 89
Surrender of persons to the Court
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.