PART VI - OTHER FORMS OF ASSISTANCE

36. Effect of registration

(1)Notwithstanding any other enactment a sentence or an order of the International Criminal Court shall have effect as a sentence or order of a Court in Mauritius.

(2)Any sentence or order registered in terms of section 34 or 35 shall have the effect of a civil judgment of a Court in favour of the State, as represented by the Attorney-General.

(3)A forfeiture order may not be executed before the expiry of the period within which an application for the setting aside of the registration may be made, or if such application has been made, before the application is finally determined.

(4)The Attorney-General shall, subject to any agreement or arrangement between the International Criminal Court and Mauritius, pay over to the International Criminal Court any amount realised in the execution of a sentence or recovered in terms of an order, less any expenses incurred in connection with the execution of such sentence or order .

PART VII – ENFORCEMENT OF SENTENCE OF IMPRISONMENT

39. Enforcement of sentence of imprisonment

(1) Where the International Criminal Court, in terms of paragraph 1 of Article 103 of the Statute, designates Mauritius as a State in which a person upon whom the International Criminal Court has imposed a sentence of imprisonment shall serve that sentence, it shall inform the Attorney-General as soon as possible of such designation.

(2) The Attorney-General may accept the International Criminal Court’s designation on such conditions as he thinks fit and inform the International Criminal Court accordingly.

(3) (a) Where the International Criminal Court accepts any such conditions, any person on whom the International Criminal the Court has imposed a sentence of imprisonment shall, subject to Article 104, paragraph (b) of the Statute, be committed to a prison in Mauritius and a warrant for his detention lawfully issued by the International Criminal Court shall be deemed to be a valid warrant for the purposes of the Reform Institutions Act.
(b) Where the International Criminal Court decides to transfer a sentenced person referred to in paragraph (a) to a prison of another State, the Attorney-General shall, in consultation with the Commissioner of Prisons, arrange for the removal of that person from Mauritius in the custody of a person authorised by the International Criminal Court and section 19 shall apply to that person .

(4) (a) Subject to Articles 105 and 106 of the Statute, a person referred to in subsection (3) shall be subject to the Reform Institutions Act.
(b) A sentence of imprisonment referred to in subsection (3)(a) may only be modified by the relevant authorities in Mauritius at the request of the International Criminal Court, as a result of an appeal by the person serving the sentence to or review by, the International Criminal Court in terms of its Rules.
(c) The State shall, as far as possible, ensure that communications between persons serving a sentence referred to in subsection (3)(a) and the International Criminal Court can take place freely and confidentially .