'Rights during investigation - questioned in presence of counsel' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 –

(h) have the right to be questioned in the presence of Counsel unless the person has voluntarily waived his right to Counsel.

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.