PART IV – ARREST AND SURRENDER OF PERSONS

12. Provisional warrant

(1) Where the Attorney-General receives a request in relation to an urgent case from the International Criminal Court for the provisional arrest of a person who is suspected or accused of having committed an offence contemplated in the Statute, or who has been convicted by the International Criminal Court of such an offence, the Attorney-General shall apply for a warrant of arrest for that person.

(2) On an application by the Director of Public Prosecutions Attorney-General stating under oath that he has reason to believe that –
(a) the request of the International Criminal Court has been made on grounds of urgency for the arrest of a person who is suspected or accused of having committed an offence contemplated in the Statute or who has been convicted by the International Criminal Court;
(b) a warrant of arrest has been issued, or a judgment of conviction has been delivered, against the person in question;
(c) a formal request for the surrender of the person to the International Criminal Court will be made subsequently
(d) the person concerned is in, or on his way to, Mauritius; and
(e) the purpose of the arrest is –
(i) to bring the person concerned before the International Criminal Court to stand trial; or
(ii) to take him to a place where he is to undergo imprisonment under a sentence of the International Criminal Court,
as the case may be,
a Magistrate may issue a warrant for the arrest of that person and notify the Attorney- General that a warrant has been issued.

(3) The warrant shall contain –
(a) sufficient information, describing the person sought, to identify the person, and information as to that person’s probable location;
(b) a concise statement of the offence for which the person’s arrest is sought and of the facts which are alleged to constitute that offence, including, where possible, the date and location of the offence;
(c) a statement of the existence of a warrant of arrest or a judgment of conviction against the person sought; and
(d) a statement that a request for surrender of the person sought will follow

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.