PART IV
ARREST AND SURRENDER OF PERSON TO ICC

39. Postponement of execution of request for arrest and surrender -

(1) The Minister may postpone the execution of a request for arrest and surrender at any time before the surrender of the person only if –

(b) the request would interfere with an investigation or prosecution in Samoa involving a different offence from that for which surrender to the ICC is requested;

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


77. Postponement of execution of request for assistance -

(1) The Minister may postpone the execution of a request for assistance under this Part only if -

(b) the execution of the request would interfere with an investigation or prosecution in Samoa involving a different offence from that to which the request relates;

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).