PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Taking evidence and producing documents
85. (1) The applicable law with respect to compelling a person to appear before a Judge under section 83 or 84 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2) and that law applies with any necessary modification.
(2) For the purposes of subsection (1), the applicable law is the law of Trinidad and Tobago that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of Trinidad and Tobago.
(3) Notwithstanding subsection (1), for the purposes of sections 83 and 84, the person to whom the investigations being conducted by the Prosecutor, or the proceeding before the ICC relates, is competent but not compellable to give evidence.
(4) Notwithstanding subsection (1), a person who is required under section 83 or 84 to give evidence, or to produce documents or other articles, is not required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the investigation being conducted by the Prosecutor or the proceeding before the ICC.
(5) A person who is required under section 83 or 84 to give evidence or to produce documents or other articles—
(a) has the same privileges in relation to the answering of questions and the production of documents or articles as if the investigation was being conducted in Trinidad and Tobago or the proceeding was pending in a Trinidad and Tobago court, as the case may be; and
(b) shall be given a copy of any statement required to be given to a witness under the Rules in the manner and form required by the Rules.
(6) Subsections (4) and (5) apply subject to section 31 and any contrary provision in the Statute or the Rules.
Witness protection - national procedures for ICC proceedings
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