'Discharge - insufficient evidence' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV - ARREST AND SURRENDER OF PERSONS

20. Discharge of person not surrendered

(1) Where the International Criminal Court informs the Attorney-General that a person arrested in terms of this Act is no longer required to be surrendered to it or into the custody of a State for purposes of serving a sentence imposed by the International Criminal Court, as the case may be, the Attorney-General shall inform the Magistrate, who ordered the surrender, accordingly.

(2) The Magistrate concerned shall, on receipt of such notification, immediately cancel any order made issued under section 15(5).

RELEVANT ROME STATUTE PROVISIONS

Article 61
Confirmation of the charges before trial
7. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall:
(b) Decline to confirm those charges in relation to which it has determined that there is insufficient evidence