Facilitating voluntary appearance of persons - authority - ICC proceedings

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

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

(vi) facilitating the voluntary appear¬ance of persons as witnesses or experts before the ICC;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Taking evidence and producing documents

87. (1) The following persons may appear and be legally represented at a hearing held under section 83 or 84—
(a) the person to whom the proceeding before the ICC or the investigation conducted by the Prosecutor relates;
(b) any other person giving evidence or producing documents or other articles at the hearing; and
(c) a representative of the Prosecutor or ICC.
(2) Subsection (1) applies subject to any contrary provision of the Statute or the Rules.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Facilitating Appearance of Witnesses
92. (1) This section applies if the ICC requests assistance under any of article 19(8), 56, 64 or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC.


(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;
(b) the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
(c) the witness is or may be in Trinidad and Tobago.
(3) In this section and sections 93 and 94, “witness” includes a person who may give expert evidence, but does not include either—
(a) a person who has been accused of an international crime in the proceedings to which the request relates; or
(b) a prisoner who is detained in relation to an offence against Trinidad and Tobago law.
93. (1) If the Attorney General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, he shall forward the request to the appropriate Trinidad and Tobago agency.
(2) The Trinidad and Tobago agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3) The Attorney General may, at any time, ask the ICC to give one or more of the following assurances:
(a) that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person’s departure from Trinidad and Tobago;
(b) that the witness will be returned to Trinidad and Tobago as soon as practicable in accordance with arrangements agreed to by the Attorney General; and
(c) an assurance relating to such other matters as the Attorney General thinks appropriate.
94. (1) The Attorney General may assist in the making of arrangements to facilitate a witness’s attendance before the ICC if the Attorney General is satisfied that—
(a) the prospective witness has consented to giving the evidence or assistance requested; and
(b) the ICC has given adequate assurances where appropriate.
(2) The Attorney General may—
(a) approve and arrange the travel of the witness to the ICC;
(b) obtain such approvals, authorities and per¬missions 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 sus¬pension 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 conditions of the person’s sentence; and
(c) take such other action for the purposes of
subsection (1) as he thinks appropriate.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Facilitating Appearance of Witnesses

91. (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;
(b) the witness’s attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and
(c) the witness is or may be in Trinidad and Tobago.

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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;