PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE
77. Postponement of execution of request for assistance -
(1) The Minister may postpone the execution of a request for assistance under this Part only if -
(a) a determination on admissibility is pending before the ICC;
(b) the execution of the request would interfere with an investigation or prosecution in Samoa involving a different offence from that to which the request relates;
(c) the Minister is consulting with the ICC under section 32(2) as to whether or not article 98(1) of the Statue applies to execution of the request; or
(d) there are competing requests for assistance from ICC and a state, and the Minister in consultation with ICC and the state decides to postpone the execution of the ICC’s request.
(2) If execution of the request for assistance 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 assistance is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement ofthe 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 the period, unless otherwise agreed with the ICC.
(4) If execution of the request for assistance 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 execution of the request for assistance is postponed under subsection (1)(d), the Minister shall proceed with the execution of the ICC’s request as soon as practicable.
(6) If the Minister decides to postpone execution of a request for assistance in accordance with this section after the Minister has transmitted the request for execution to the
Attorney General, the Minister shall direct that agency to postpone the execution of the request for such period as is specified in the direction.
(7) 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.
Postponement of execution of ICC request
EDIT.