Refusal of ICC request - protection of national security

Co-operative Republic of Guyana

Guyana -Mutual Assistance in Criminal Matters Act 2010

23. (2)

A request shall be refused if the central authority for Guyana believes that-



the request relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;



there are substantial grounds for believing that the request has been made with a view to prosecuting or punishing a person for an offence of a political character;



there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing, or otherwise causing prejudice to a person on account of the person's race, sex, religion, nationality, place of origin, or political opinions;

Rome Statute

Article 93 Other forms of cooperation

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.