Part V – Domestic Procedures for Other Types of Co-operation
43. Assistance in locating or identifying persons or things.
(1) Where the ICC requests assistance under article 19(8), 56, 64, or 93(1)(a) of the Statute in locating, or identifying and locating, a person or a thing believed to be in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency, if he or she has reasonable grounds to believe the person to whom or the thing to which the request relates is, or may be in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall, without delay –
(a) use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and
(b) advise the Minister of the outcome of those endeavours.
(3) This section shall not be construed as giving any person a power to enter property in order to locate a person or item.
44. Taking evidence.
(1) Where the ICC requests assistance under article 93(1)(b) of the Statute in the taking of evidence, the Minister shall give authority for the request to proceed and transmit the request to a Registrar, if the Minister has reasonable grounds to believe that the evidence that the evidence can be taken in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the Registrar shall issue an order compelling the witness to appear at a specified time and place for the evidence to be taken.
(3) Where the ICC requests that a representative of the ICC or a representative of the person to whom the request relates be permitted to be present at the taking of the evidence, and to put questions to the witness, the Registrar shall make an order to that effect.
(4) An order made under subsection (3) may also provide –
(a) that the evidence shall be taken before a Judge, Registrar or any other person designated by the registrar, including an official of the ICC;
(b) that evidence shall be taken on oath or affirmation;
(c) for any other matters as may be appropriate in the circumstances.
(5) In making an order under this section, the Registrar shall, to the greatest extent possible, comply with the terms of the request for assistance submitted by the ICC.
(6) Unless the Registrar orders that the evidence shall be taken in accordance with the Statute and Rules of Procedures and Evidence, the evidence shall be taken in accordance with the laws of Uganda.
(7) Notwithstanding an order made under subsection (5), a person compelled to give evidence under this section, shall have the same privileges in relation to answering questions as if the investigation or proceeding was being conducted in Uganda and the laws of Uganda relating to the non-disclosure of information, including national security information, shall apply.
(8) The Judge, Registrar or other person, taking evidence under this section shall –
(a) certify that the evidence was taken before him or her 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.
45. Production of documents and articles.
(1) Where the ICC requests assistance in the production of documents or articles under articles 19(8),56,64,or 93(1)b, of the Statute the Minister shall give authority for the request to proceed and transmit the request to a Registrar, if the Minister is satisfied that there are reasonable grounds to believe that the documents or articles can be produced in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the Registrar 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, the Registrar shall cause them to be sent to the Minister, with a written statement signed by the registrar, that they were produced to him or her.
46. Protection of witnesses.
(1) The applicable law with respect to compelling a person to appear before a Registrar under section 44 or section 45 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 modifications.
(2) For the purposes of subsection (1), the applicable law is the law of Uganda 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 Uganda.
(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.
47. Assistance in questioning persons.
(1) Where the ICC requests assistance under article 19(8), 56, 64, or 93(1)(c) or the Statute in questioning a person who is being investigated or prosecuted, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister is satisfied that there are reasonable grounds to believe that the person is or maybe in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall, without delay –
(a) use its best endeavours to undertake the questioning that the ICC has requested;
(b) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and
(b) advise the Minister of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to Minister.
(3) A person questioned under this section shall notwithstanding anything inconsistent in any other enactment, be entitled to all the rights referred to in article 55 (2) of the Statute.
48. Assistance in arranging service of documents.
(1) Where the ICC requests assistance under any of articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the person or body to be served is or may be in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall, without delay –
(a) use its best endeavours to have the document served –
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in Uganda, or if no procedure is specified, in accordance with the law of Uganda; and
(b) transmit to the Minister –
(i) a certificate as to service, if the document is served; or
(ii) a statement of the reasons that prevented service, if the document is not served.
(3) In this section, document includes –
(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused that has been issued under article 58(7) of the Statute.
Facilitating Appearance of Witnesses
49. Request for voluntary appearance of witness.
(1) Where the ICC request assistance under articles 19(8), 56, 64, or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister is satisfied that there are reasonable grounds to believe that the witness is or may be in Uganda.
(2) In this section and in section 50 and 51 “witness” includes a person who may give expert evidence; but does not include –
(a) a person who has been accused of a crime in the proceedings to which the request relates; or
(b) a prisoner who is detained in relation to an offence against the law of Uganda.
50. Consent required.
The Ugandan agency to which a request is transmitted under section 49 shall make such inquiries as may be necessary to ascertain whether the prospective witness consents to giving evidence or assisting the ICC.
51. Minister may facilitate appearance.
(1)The Minister may assist in the making or arrangements to facilitate a witness’s attendance before the ICC if the Minister is satisfied that –
(a) the prospective witness has consented to giving the evidence or assistance requested; and
(b) the ICC has given any assurance requested by the Minister in respect of the witness including but not limited to an assurance that the witness will not be prosecuted or detained by the ICC in respect of any specified act or omission that occurred before the witness’s departure from Uganda.
(2) The Minister may –
(a) approve and make arrangements for the travel of the witness to the ICC at the cost of the ICC; including but not limited to, the obtaining of such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence –
(i) the variation, discharge, or suspension of the conditions of the person’s release from prison; or
(ii) the variation, cancellation, or suspension of the person’s sentence, or of the condition of the person’s sentence; and
(b) take such other action for the purposes of subsection (1) as the Minister thinks appropriate.
Temporary Transfer of Prisoners
52. Request for temporary transfer of prisoner.
Where the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a Uganda prisoner, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency, if the Minister has reasonable grounds to believe that the prisoner’s assistance is sought for the purpose of identification or obtaining evidence or other assistance.
53. Consent required and assurances may be sought.
Where the Minister authorises and transmits a request under section 52, the appropriate Ugandan agency shall make such inquiries as may be necessary to ascertain whether the prisoner will consent to the transfer.
54. Minister may arrange for transfer.
(1) The Minister may authorise the temporary transfer of a Uganda prisoner to the ICC if the Minister is satisfied that –
(a) the prisoner has consented to giving the evidence or assistance requested; and
(b) the ICC has given any assurances requested by the Minister including but not limited to an assurance that the prisoner will not be released without prior approval of the Minister.
(2) Where the Minister authorises the temporary transfer of the prisoner to the ICC, the Minister may –
(a) direct that the prisoner be released from the prison in which that prisoner is detained, for the purpose of the transfer to the ICC; and
(b) make arrangements for the prisoner to travel to the ICC in the custody of a person authorised for the purpose by the ICC.
(3) A direction given by the Minister under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained for the purposes of the transfer.
(4) Every person released under a direction given under subsection (2) shall be treated, for the purposes of section 109 of the Penal Code Act (which relates to escaping from lawful custody) and for that purpose only, as continuing to be in the legal custody of the officer in charge of a prison from which he or she is so released, while in Uganda during the period of that release.
(5) Where there is any inconsistency between subsection (4) and the Prisons Act, subsection (4) prevails.
55. Effect of transfer on prisoner’s sentence.
Where a prisoner who is serving a sentence for a Uganda offence is transferred to the ICC –
(a) the prisoner shall be treated, while in custody outside Uganda in connection with the request, as being in custody for the purposes of the sentence imposed for the Uganda offence which shall continue to run; and
(b) the Minister –
(i) may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
(ii) shall notify the ICC if the prisoner is no longer liable to be detained in a Uganda prison.
Examination of Places or Sites
56. Assistance in examining places or sites.
(1) Where the ICC requests assistance under 19(8), 56, 64, or 93(1)(g) of the Statute in examining places or sites in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the place or site is located in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1) the appropriate Ugandan agency shall without delay –
(a) use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested;
(b) make such report on the examination as it considers to be appropriate in the circumstances; and
(c) deliver the report of the examination to the Minister.
(3) This section shall not be construed as giving any person a power to enter a place or site.
Search and Seizure
57. Request for search and seizure.
(1) Where the ICC makes a request under article 19(8), 56, 64, or 93(1)(h) of the
Statute for search and seizure, the Minister shall give authority for the request to proceed and authorise in writing, a police officer to apply to the magistrate for a search warrant if the Minister has reasonable grounds to believe that any thing relevant to an investigation being conducted by the Prosecutor or proceeding before the ICC is or may be located in Uganda.
(2) Upon an application made to a magistrate under subsection (1) by a police officer authorised under that subsection, the registrar may, if satisfied that there are reasonable grounds to believe that the thing specified in the request made by the ICC is located in Uganda, issue a warrant authorising that a police officer or any other police Officer specified in the warrant to search for and seize that thing.
(3) The magistrate may issue a warrant under subsection (2) subject to such conditions as he or she may think fit to impose.
(4) Subject to any condition specified in the warrant, a warrant issued under subsection (2) authorises the police officer executing the warrant –
(a) to enter and search any place or to stop and search any vehicle in which the thing specified in the warrant is located or held, at any time by day or night;
(b) to use such assistants as may be reasonable in the circumstances for the purpose of such entry and search;
(c) to use such force as is reasonable in the circumstances to effect entry to such place or to stop or board such vehicle, and for breaking any receptacle in which thing specified in the warrant is placed; and
(d) to search for and seize the thing,
(5) A person called on to assist a police officer executing a warrant issued under subsection (2) may exercise the powers referred to in paragraph (c) and (d) of subsection (4).
(6) A police officer executing a warrant issued under subsection (2) shall –
(a) produce such warrant on initial entry, and if required to do so, at any time there after;
(b) give to the owner of the thing seized or any other person whom he or she has reason to believe has an interest in such thing, a notice specifying –
(i) the date and time of execution of the warrant;
(ii) the name and position of the person executing the warrant;
(iii) the thing seized under the warrant.
(7)A police officer seizing a thing under the authority of a warrant issued under subsection (2) shall deliver it into the custody and control of the Inspector General of Police.
(8) The Inspector General of Police shall inform the Minister that the things has been delivered to him or her and await the Minister’s directions as to how the thing is to be dealt with.
(9) Except as otherwise provided in this section, the provisions of the Magistrate Courts Act relating to search and seizure generally, apply to a search and seize under this section.
58. Protecting victims and witnesses and preserving evidence.
(1) Where the ICC requests –
(a) assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;
(b) assistance under article 19(8), or paragraphs (2) or (3) of article 56, in preserving evidence,
the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the assistance requested is not prohibited by Uganda law.
(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency shall without delay –
(a) use its best endeavours to give effect to the request;
(b) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(c) deliver the report to the Minister.
59. Request relating to property associated to crime.
(1) Where the ICC requests assistance under article 93(1)(k) in indentifying, tracing and freezing or seizing property for the purpose of eventual forfeiture, the Minister shall give authority for the request to proceed an transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the property is or may be located in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the appropriate Ugandan agency –
(a) shall use its best endeavours to give effect to the request; or
(b) may, where appropriate, apply to a Registrar for a freezing or seizing order with respect to the property.
(3) An application under subsection 2(b) may be made ex parte and may be granted without a hearing.
(4) The Registrar considering an application under subsection 2(b) may make a freezing or seizing order, as appropriate, if satisfied –
(a) that a forfeiture order has been in proceedings before the ICC; or
(b) that there are reasonable grounds to believe that a forfeiture order may be made in such proceedings,
and that the property to which the order relates consists of or includes property that is or may be affected by such a forfeiture order.
(5) A freezing or seizing order shall provide for notice to be given to any persons with an interest in the property or otherwise affected by the order.
(6) A person affected by the order may apply to a registrar for an order to vary or discharge the freezing or seizing order in relation to his or her interest.
(7) The Registrar may vary or discharge the order in relation to the interest of a person under subsection (6) only if the registrar is satisfied that the applicant has an interest in the property, was not in any way involved in the commission of the crime to which the property relates, and had no basis to believe the property was the proceeds of, or associated with the crime.
(8) Subject to subsection (7), the property shall remain subject to the freezing or seizing order until the ICC issues a relevant forfeiture order in respect of the property or advises that no such order will be issued, in which case the property shall be discharged from the freezing order.
60. Refusal of request.
(1) The Minister shall refuse a request for assistance under this Part only if –
(a) the ICC has determined that the case to which the request relates is inadmissible on any ground;
(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination of the ICC that article 98 of the Statute applies to the request; or
(c) the provision of the assistance is prohibited by the law of Uganda and the ICC does not accept the conditions, as contemplated by article 93(5) of the Statute, subject to which the Minister was willing to provide the assistance.
(2) The Minister may refuse a request for assistance under this Part only if –
(a) there are competing requests for assistance from the ICC and a state and the Minister has decided to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 41; or
(b) the Minister decides that the Part VII applies to the request.
(3) If the Minister decides to refuse a request for assistance in accordance with subsection (1) or (2) after he or she has transmitted the request to the appropriate Ugandan agency, he or she shall inform that agency not to take any further steps to execute the request.
61. 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 Uganda involving a different offence from that for which the assistance is requested;
(c) the Minister is consulting with the ICC under section 24(6) as to whether or not article 98 of the Statute 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.
(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 of the 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.
(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 he or she has transmitted the request for execution to the appropriate Ugandan agency, he or she 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 does not affect the validity of any act that has been done or any warrant or order made under this Part prior to the decision, and any such warrant or order remains in effect unless cancelled.
Supplementary Provisions
62. Verification of material
Where, in order to comply with a request of the ICC for assistance it is necessary for any evidence or other material obtained under this part to be verified in any manner, the Minister may give directions as to the nature of the verification required.
63. Transmission of material to ICC.
(1) Any evidence or other material obtained under this Part by a person other than the Minister together with any requisite verification shall be sent to the Minister for transmission to ICC.
(2) Where any evidence or other material is to be transmitted to the ICC there shall be transmitted –
(a) where the material consists of a document, the original or a copy; and
(b) where the material consists of any other article, the article itself or a photograph or other description of it as may be necessary to comply with the request of the ICC.
EDIT.