Questioning of persons - national procedures for ICC proceedings

Republic of Trinidad and Tobago

The International Criminal Court Act 2006


24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—

(iv) the questioning of any person being investigated or prosecuted;


Questioning Persons

89. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.
(2) The Attorney General may give authority for the request to proceed if he is satisfied that—
(a) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b) the person is or may be in Trinidad and Tobago.
(3) If the Attorney General gives authority to proceed—
(a) he shall forward the request to the appro¬priate Trinidad and Tobago agency; and
(b) the agency shall, without delay:
(i) use its best endeavours to under¬take the questioning that the ICC has requested;
(ii) 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

(iii) advise the Attorney General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to him.
90. (1) This section applies if there are grounds to believe that a person who is to be questioned by a Trinidad and Tobago agency following a request under article 93(1)(c) of the Statute has committed a crime within the juridiction of the ICC.
(2) If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right—
(a) to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(b) to have legal assistance of the person’s choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and
(c) to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.
(3) If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.
(4) This section does not give any person power to require another person to answer questions.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;