PART IV – ARREST AND SURRENDER OF PERSONS
15. Proceedings after arrest
(1) Any person who detains a person under a warrant of arrest or a warrant for his further detention shall, without undue delay, bring that person before a Magistrate of the District Court of Port Louis, whereupon that Magistrate shall hold an enquiry relating to the request for the surrender of that person to the International Criminal Court, in order to establish whether –
(a) the warrant applies to the person in question;
(b) the person has been arrested in accordance with the procedures laid down by the law of Mauritius; and
(c) the rights of the person have been respected.
(2) The Magistrate may, at any time during the enquiry, postpone that enquiry to enable the relevant authorities of Mauritius to have any appropriate consultation on any problem experienced with the execution of any request of the International Criminal Court for co-operation or judicial assistance.
(3) (a) Where, during the enquiry, a challenge is made to the effect that –
(4) (i) the International Criminal Court does not have jurisdiction to deal
with the case;
(ii) the case is being investigated or prosecuted by the competent authorities in Mauritius or any other country;
(iii) the case has been investigated by the competent authorities in Mauritius or any other country and a decision has been made not to institute criminal proceedings against the person concerned;
(iv) the person concerned has already been tried for the conduct which led to the institution of the enquiry;
(v) the case is not of sufficient gravity to justify further action by the International Criminal Court; or
(vi) the person is subject to an agreement under Article 98 of the Statute,
the Magistrate shall record that challenge and may postpone the proceedings pending the decision of the International Criminal Court regarding the challenge
Postponement - admissibility challenge
EDIT.