PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for Surrender
43. (3) The person is eligible for surrender if—
(c) the Court is satisfied that the person was arrested in accordance with the proper process as provided in article 59(2)(b) of the Statute; and
(d) the Court is satisfied that the person’s rights were respected as provided in article 59(2)(c) of the Statute.
(4) Neither subsection (3)(c) nor subsection (3)(d) applies unless the person puts the matter at issue.
(5) Notwithstanding subsection (3), the person is not eligible for surrender if he satisfies the Court that a mandatory restriction on the surrender of the person specified in section 55(1), applies.
(6) Notwithstanding subsection (3), in the proceedings under this section—
(a) the person to whom the proceedings relate is not entitled to adduce, and the Court is not entitled to receive evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and
(b) in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, according to the law of Trinidad and Tobago, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of Trinidad and Tobago.
44. (1) The Court may adjourn the hearing for such period as it considers reasonable to allow a deficiency to be remedied if—
(a) a document containing a deficiency or deficiencies of relevance to the proceedings are produced; and
(b) the Court considers the deficiency to be of a minor nature.
(2) Subsection (1) does not limit the circumstances in which the Court may adjourn a hearing.
45. (2) The High Court may accept the notification of consent under subsection (1), if—
(a) the person is before the Court when notification of the consent to surrender is given;
(b) the person has been legally represented in the proceedings; and
(c) the Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.
EDIT.