PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE
58. Assistance in production of documents and articles -
(1) Where the ICC requests assistance in the production of documents or articles 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 documents or articles can be produced in Samoa.
(2) Where the Minister authorises and transmits the request under subsection (1), the Judge shall issue an order for the production of the documents or articles.
(3) The order may provide for any form of certification or authentication of the document or article as may be required by the ICC and may specify any other terms and conditions that may be appropriate in the circumstances.
(4) Where the documents and articles are produced duly authenticated or certified as required by the order made under subsection (3), the Judge shall cause them to be sent to the Minister, with a written statement signed by the Judge that they were produced to the Judge.
59. Applicable law -
(1) The applicable law for the taking of evidence under section 57 or the production of documents or articles under section 58 shall be the Statute and Rules unless the Judge orders that the evidence shall be taken in accordance with the laws of Samoa.
(2) Notwithstanding subsection (1), a person compelled to give evidence or produce documents shall have the same privileges as if the investigation or proceeding was conducted under the laws of Samoa and the laws of Samoa relating to the non-disclosure of information, including national security information, shall apply.
(3) Nothing in subsection (1) shall be construed as requiring a person to give evidence or answer any question or produce any document or article that the person could not be compelled to give or answer or produce in an investigation being conducted by the Prosecutor or in any proceedings before the ICC.
Production of evidence - national procedures for ICC proceedings
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