'Taking of evidence - authority - ICC proceedings' in document 'Mauritius - ICC Act 2011'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

22. Request for assistance in obtaining evidence

(1) A request by the International Criminal Court for assistance in obtaining evidence in Mauritius for use in the International Criminal Court shall be submitted in writing to the Attorney-General.
(2) On receipt of such request, the Attorney-General shall satisfy himself that –
(a) proceedings have been instituted in the International Criminal Court; or
(b) there are reasonable grounds for believing that an international crime within the jurisdiction of the International Criminal Court has been committed; or
(c) an investigation in respect of the alleged crime is being conducted by the Prosecutor of the International Criminal Court .
(3) For the purposes of subsection (2), the Attorney-General may rely on a certificate issued by a Judge of the International Criminal Court or the Prosecutor of the International Criminal Court, confirming one or more of the requirements referred to in subsection (2)

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

23. Taking or production of evidence

(1) Where, in order to comply with a request, it is necessary for the evidence received by a Magistrate under Part IV to be verified in any manner, the Magistrate shall specify the nature of the verification required

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court

Article 99
Execution of requests under articles 93 and 96
2. In the case of an urgent request, the documents or evidence produced in response shall, at
the request of the Court, be sent urgently.