PART IV – ARREST AND SURRENDER OF PERSONS
13. Postponement of execution of request
(1) The Attorney-General shall not postpone the execution of a request for arrest and surrender at any time before the surrender of the person, unless the request would interfere with an investigation or prosecution in Mauritius involving a different offence from that for which surrender is requested.
(2) The Attorney-General shall consult with the International Criminal Court and agree on a period of time for postponement of the execution of the request in accordance with Article 94 of the Statute, and the Attorney-General shall proceed with the execution of the request after the lapse of that period, unless otherwise agreed with the International Criminal Court.
(3) Where the Attorney-General decides to postpone the execution of a request for arrest and surrender in accordance with this section after he has forwarded a request pursuant to section 11 or 12, he shall –
(a) notify the Magistrate of the postponement and the Magistrate shall adjourn any pending proceedings until further notice from the Attorney-General; and
(b) notify the Magistrate at the relevant time whether the execution of the request is to proceed or not, and the Magistrate shall proceed accordingly with the execution of the request or the discharge of the person.
(4) A decision by the Attorney-General to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part prior to the decision, and any such warrant or order shall remain in force unless cancelled by the International Criminal Court
PART IV – ARREST AND SURRENDER OF PERSONS
14. International obligations
(4) Where, after the consultation, the Attorney-General is not satisfied, that the execution of the request would not conflict with any of the obligations referred to in subsection (1), the Attorney-General shall postpone the execution of the request unless and until the foreign country has made the necessary waiver or given the necessary consent.
PART IV – ARREST AND SURRENDER OF PERSONS
15. Proceedings after arrest
(3) (a) Where, during the enquiry, a challenge is made to the effect that –
(4) (i) the International Criminal Court does not have jurisdiction to deal
with the case;
(ii) the case is being investigated or prosecuted by the competent authorities in Mauritius or any other country;
(iii) the case has been investigated by the competent authorities in Mauritius or any other country and a decision has been made not to institute criminal proceedings against the person concerned;
(iv) the person concerned has already been tried for the conduct which led to the institution of the enquiry;
(v) the case is not of sufficient gravity to justify further action by the International Criminal Court; or
(vi) the person is subject to an agreement under Article 98 of the Statute,
the Magistrate shall record that challenge and may postpone the proceedings pending the decision of the International Criminal Court regarding the challenge
PART VI - OTHER FORMS OF ASSISTANCE
36. Effect of registration
(3) A forfeiture order may not be executed before the expiry of the period within which an application for the setting aside of the registration may be made, or if such application has been made, before the application is finally determined
PART VI - OTHER FORMS OF ASSISTANCE
37. Setting aside registration of forfeiture order
(1) On the application of any person against whom the registration of a forfeiture order in terms of section 35 has been made, the registration may be set aside if the Court at which it was registered is satisfied that –
(a) the order was registered in breach of this Act;
(b) the order is subject to review or appeal;
(c) the person against whom the order was made, through no fault on his part, did not appear at the proceedings concerned or did not receive notice of the said proceedings as prescribed by the Statute or, if no such notice has been prescribed, that he did not receive reasonable notice of the proceedings so as to enable him to defend himself at the proceedings; or
(d) the order has already been satisfied.
(2) The Court hearing an application referred to in subsection (1) may, at any time, postpone the hearing of the application to such date as it may determine
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.