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—
(vii) the temporary transfer of prisoners;
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Temporary Transfer of Prisoners
95. (1) This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a Trinidad and Tobago prisoner.
(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 prisoner’s attendance is sought for the purposes of identification or for obtaining evidence or other assistance.
96. (1) If the Attorney General gives authority for the request to facilitate the temporary transfer of a Trinidad and Tobago prisoner to proceed, the Attorney General 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), shall make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.
(3) The Attorney General may ask the ICC to give one or more of the following assurances:
(a) that the prisoner will not be released from custody without the prior approval of the Attorney General;
(b) that the prisoner will be returned to Trinidad and Tobago Tobago without delay 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.
97. (1) The Attorney General may authorize the temporary transfer of a Trinidad and Tobago prisoner to the ICC if the Attorney General is satisfied that—
(a) the prisoner has consented to giving the evidence or assistance requested; and
(b) the ICC has given adequate assurances where appropriate.
(2) If the Attorney General authorizes the temporary transfer of the prisoner to the ICC, he may—
(a) direct that the prisoner be released from the prison in which he is detained, for the purpose of the transfer to the ICC; and
(b) make arrangements for the prisoner to travel to the ICC in the custody of—
(i) a police officer;
(ii) a prison officer; or
(iii) a person authorized for the purpose by the ICC.
(3) A direction given by the Attorney General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which he is detained, for the purposes of the direction.
(4) Every person released under a direction given under subsection (2) is to be treated as continuing to be in the legal custody of the penal institution from which he is so released, while in Trinidad and Tobago during the period of that release.
98. (1) If a prisoner who is charged with or convicted of an offence against the law of Trinidad and Tobago is transferred to the ICC under section 97, the provisions of section 99 of this Act shall apply to any period that the person spends in custody outside Trinidad and Tobago in connection with the request before sentence is imposed for the Trinidad and Tobago offence.
(2) If a prisoner who is serving a sentence for a Trinidad and Tobago offence is transferred to the ICC under section 97—
(a) he is to be treated, while in custody outside Trinidad and Tobago in connection with the request, as being in custody for the purposes of the Trinidad and Tobago sentence, which continues to run; and
(b) the Attorney General—
(i) may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and
(ii) must notify the ICC if the prisoner is no longer liable to be detained in a Trinidad and Tobago prison.
99. (1) If a prisoner who is charged with or convicted of an offence against the law of Trinidad and Tobago (hereinafter referred to as the Trinidad and Tobago offence) is transferred to the ICC under section 97 before sentence is imposed for the Trinidad and Tobago offence, the Attorney General may—
(a) advise the ICC of the date on which the prisoner was sentenced for the Trinidad and Tobago offence; and
(b) request the ICC to provide a certificate recording the total period during which the prisoner was detained outside Trinidad and Tobago in connection with the request until sentence was imposed for the Trinidad and Tobago offence.
(2) A certificate obtained under subsection (1) is presumed to be accurate in the absence of any evidence to the contrary.
(3) The Attorney General may issue a certificate setting out the date and period specified in subsection (1) if—
(a) the ICC does not provide a certificate within a reasonable time after he makes a request under subsection (1); and
(b) he is satisfied from the information that he has, that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Person in Transit
136. (1) This section and sections 137, 138 and 150 to 156 apply to a person (hereinafter referred to as “the transferee”) who—
(b) is a person to whom article 93(7) of the Statute applies, and is being temporarily transferred to the ICC by another State; or
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:
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.