PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE
57. Assistance in taking evidence -
(1) Where the ICC requests assistance in the taking of evidence, the Minister shall give authority for the request to proceed and transmit the request to a Judge, if the Minister has reasonable grounds to believe that the evidence can be taken in Samoa.
(2) Where the Minister authorises and transmits the request under subsection (1), the Judge shall issue an order compelling the witness to appear at a specified time and place for the person’s evidence to be taken.
(3) The Judge shall, if the ICC so requests, permit a representative of the ICC or a representative of the person to whom the request relates to be present at the taking of the evidence and to put questions to the witness.
(4) In taking evidence under this section, the Judge shall do so in the manner specified in the request for assistance made by the ICC and in accordance with the procedure stipulated under Samoan law.
(5) The Judge taking evidence under this section shall -
(a) certify that the evidence was taken before the Judge and that the persons named in the certificate were present when the evidence was taken; and
(b) cause the evidence together with the certificate to be transmitted to the Minister.
Taking of evidence - national procedures for ICC proceedings
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