PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE


27. Application -

(1) This Part of this Act shall apply to all requests for assistance received under Parts, IV, V and VI.

(2) Parts IV,V, and VII shall apply to every request made by the ICC, whether the acts under investigation or subject to prosecution are alleged to have been committed before or after the date on which this Act comes into force.

(3) Part VI shall apply to the enforcement of every sentence, penalty or order of the ICC, whether the offence to which the sentence, penalty or order relates was committed before after the date on which this Act comes into force.

(4) Part VII shall apply to every investigation or sitting of the ICC whether the alleged offence or offence to which the investigation or sitting relates was committed before or after the date on which this Act comes into force.


28. Requests for assistance -

A request for assistance is a request made by the ICC to the Minister, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, in relation to a crime within the jurisdiction of the ICC, for:

(a) assistance in respect of any one or more of the following, namely –
(i) the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
(ii) the identification and whereabouts of persons or the location of items;
(iii) the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appearance of persons (other than prisoners) as witnesses or experts before the ICC;
(vii) the temporary transfer of prisoners;
(viii) the examination of places or sites, including the exhumation and examination of gravesites;
(ix) the execution of searches and seizures;
(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims and witnesses and the preservation of evidence;
(xii) the identification, tracing and restraining, or seizure of proceeds of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(b) any other type of assistance that is not prohibited by the law of Samoa with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC and the enforcement of orders of the ICC made after convictions for such crimes.


29. Making of requests -

(1) Subject to subsection (2), a request for assistance shall be made in writing, directly to the Minister.

(2) A request for provisional arrest under article 92 of the Statute or an urgent request for other forms of assistance under article 93 of the Statute may be made using any medium capable of delivering a written record.

(3) Where a request is made for supporting documents to be transmitted, this Act shall apply as if the documents so sent were the originals and a copy of such documents shall be receivable in evidence.

(4) If a request is made in accordance with subsection (2), it shall be followed by a written request under subsection (1).


30. Confidentiality of requests -

A request for assistance and any document or part of a document supporting the request shall be kept confidential by any person dealing with the request in whole or in part, except to the extent that disclosure is necessary for execution of the request.


31. Execution of requests -

A request for assistance shall be executed in the manner specified in the request, including following any procedure outlined therein and permitting the presence and participation of persons specified in the request in the execution process, unless execution in this manner is prohibited under the law of Samoa.


32. State or Diplomatic immunity -

(1) Any state or diplomatic immunity attaching to a person or premises by reason of a connection with a State Party to the ICC Statute does not prevent proceedings under this Act, in relation to that person.

(2) If the Minister is of the opinion that a request for provisional arrest, arrest and surrender or other assistance would require Samoa to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of another state which is not a party to the Statute, the Minister shall consult with the ICC and request a determination as to whether article 98(1) of the Statute applies.

(3) If the Minister is of the opinion that a request for provisional arrest or arrest and surrender would require Samoa to act inconsistently with its obligations under an international agreement with a state which is not a party to the Statute pursuant to which the consent of the sending state is required to surrender a person of that State to the ICC, the Minister shall consult with the ICC and request a determination as to whether article 98(2) of the Statute applies.


33. Response to requests -

(1) The Minister shall notify the ICC without undue delay, of the person’s response to a request for assistance and the outcome of any action that has been taken to execute the request.

(2) Before deciding to postpone or refuse a request the Minister shall consult with the ICC to ascertain whether the assistance sought could be provided subject to conditions or at a later date or in an alternative manner.

(3) If the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notification to the ICC shall set out the reasons for the decision.

(4) If the request for assistance cannot be executed for any other reason, the Minister shall set out in the notification to the ICC, the reasons for the inability to execute the request.


34. Consultations -

(1) Where the Minister receives a request under this Part in relation to which the Minister identifies problems which may impede or prevent the execution of the request, the Minister shall consult with the Court without delay in order to resolve the matter.

(2) Problems identified under subsection (1) may include:

(a) insufficient information to execute the request;
(b) in the case of a request for surrender, the person sought cannot be located or that the investigation conducted has determined that the person in Samoa is clearly not the person named in the warrant; or
(c) the fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC


35. Application of this Part -

This Part of this Act applies to requests for assistance from the ICC, for the arrest and surrender, or the provisional arrest, of a person.


36. Request for arrest and surrender -

(1) Subject to sections 38 and 39, when the Minister receives a request for arrest and surrender of a person alleged to have committed a crime within the jurisdiction of the ICC or on whom a judgment of conviction has been imposed by the ICC the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Statute –
(a) transmit the request and any supporting documents to a Judge; and
(b) notify the Attorney General.

(2) Upon receipt of a request under subsection (1)(a) a Judge shall –
(a) if the request is accompanied by a warrant of arrest issued by the ICC, endorse the warrant for execution by a police officer in any part of Samoa; or
(b) if the request is accompanied by a judgment of conviction of the ICC, issue a warrant for the arrest of the person to whom the judgment relates, for execution by a police officer in any part of Samoa.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC


36. Request for arrest and surrender -

(1) Subject to sections 38 and 39, when the Minister receives a request for arrest and surrender of a person alleged to have committed a crime within the jurisdiction of the ICC or on whom a judgment of conviction has been imposed by the ICC the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Statute –
(a) transmit the request and any supporting documents to a Judge; and
(b) notify the Attorney General.

(2) Upon receipt of a request under subsection (1)(a) a Judge shall –
(a) if the request is accompanied by a warrant of arrest issued by the ICC, endorse the warrant for execution by a police officer in any part of Samoa; or
(b) if the request is accompanied by a judgment of conviction of the ICC, issue a warrant for the arrest of the person to whom the judgment relates, for execution by a police officer in any part of Samoa.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC


42. Provisional arrest -

(5) Where a person has been provisionally arrested under this section, and the Minister receives the formal request for arrest and surrender as provided for in article 91 of the Statute, the Minister shall immediately send a notice to the Judge and proceed with the transmission of the request in accordance with section 36.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the
custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.