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 –
(a) a determination on admissibility is pending before the ICC;
(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;
(c) the Minister is consulting with the ICC under section 32 as to whether or not article 98 of the Statute applies to the execution of the request.
(2) If execution of the request for arrest and surrender is postponed under subsection (1)(a) and the ICC decides that the case is admissible, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.
(3) If the execution of the request for arrest and surrender is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute, and the Minister shall proceed with execution of the request after the lapse of that period, unless otherwise agreed with the ICC.
(4) If execution of the request for arrest and surrender is postponed under subsection (1)(c) and the ICC decides to proceed with the request, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.
(5) If the Minister decides to postpone execution of a request for arrest and surrender in accordance with this section after the Minister has transmitted a request under section 36, the Minister shall –
(a) notify the Judge of the postponement and the Judge shall adjourn any pending proceedings until further notice from the Minister; and
(b) notify the Judge at the relevant time whether the execution of the request is to proceed or not, and the Judge shall proceed accordingly with the execution of the request or the discharge of the person.
(6) A decision by the Minister to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part of this Act prior to the decision, and any such warrant or order shall remain in force unless cancelled by the Judge in accordance with subsection (5)(b).
Postponement of execution of ICC request
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