'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(1) Any person who detains a person under a warrant of arrest or a warrant for his further detention shall, without undue delay, bring that person before a Magistrate of the District Court of Port Louis, whereupon that Magistrate shall hold an enquiry relating to the request for the surrender of that person to the International Criminal Court, in order to establish whether –
(a) the warrant applies to the person in question;
(b) the person has been arrested in accordance with the procedures laid down by the law of Mauritius; and
(c) the rights of the person have been respected

PART IV – ARREST AND SURRENDER OF PERSONS

17. Rights of persons during an enquiry
In respect of an enquiry under this Part, every person shall –

(d) not be subjected to arbitrary arrest or detention or be deprived of his liberty except on such grounds and in accordance with such procedures as are established in the Statute;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute