Provisional arrest - release - ICC proceedings

Republic of Mauritius

Mauritius - Mutual Assistance Act 2003 EN


8. Request for transfer of detained persons to Mauritius

(3) The Central Authority may, at any time, vary a notice issued under subsection (1), and where the foreign State, or the international criminal tribunal, agrees to the release of the person from custody, either immediately or on a specified date, the Central Authority shall direct that the person be released from custody accordingly.


14. Cancellation of registration of foreign restraining order or foreign confiscation order

The Supreme Court shall, on application by the Central Authority, cancel the registration of -

(a) a foreign restraining order, if it appears to him that the order has ceased to have effect ;
(b) a foreign confiscation order, if it appears to him that the order has been satisfied, or has ceased to have effect.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.