Confidentiality re documents and information

Republic of the Fiji Islands

Fiji - Mutual Assistance in Criminal Matters 1997 EN

''Part IX -MISCELLANEOUS, 50. Requests for international assistance not to be disclosed''

(1) A person who, because of his or her office or employment, has knowledge of -
(a) the contents of a request for international assistance made by a foreign country to Fiji under this Act;
(b) the fact that the request has been made; or
(c) that fact that the request has been granted or refused, shall not intentionally disclose those contents or that fact except if-
(d) it is necessary to do so in the performance of his or her duties; or
(e) the Attorney-General had given his or her approval to the disclosure of those contents or that fact.
(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to-
(a) if the person is a natural person-a fine not exceeding $12,000 or imprisonment for a period not exceeding 2 year, or both; or
(b) if the person is a body corporate-a fine not exceeding $60,000.

Rome Statute

Article 93 Other forms of cooperation

8.

(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.