Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

9. Safe conduct guarantee

(1) Subject to subsection (2), where a person, whether or not a detained person, is in Mauritius, pursuant to a request by the Central Authority under section 4(2)(l), to give evidence or to assist in any proceedings, the person shall not, while in Mauritius, be -

(a) detained, prosecuted, punished or subjected to any other restriction of personal liberty ; or
(b) subjected to civil process, in respect of any act or omission that occurred before the person’s departure from the foreign State, or international criminal tribunal, pursuant to the request.

(2) The person specified in subsection (1) shall not, without his consent, be required to give evidence in any proceedings other than those to which the request relates.

(3) Subsection (1) shall not apply to the person where he -

(a) leaves Mauritius and subsequently returns voluntarily to Mauritius ; and
(b) has had the opportunity to leave Mauritius but remains in Mauritius for more than 10 days after the Central Authority has notified him that he is no longer required for the purposes of the request.

Keywords

Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings



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