PART IV – ARREST AND SURRENDER OF PERSONS

11. Endorsement of warrant of arrest

(1) Any request from the International Criminal Court for the arrest or provisional arrest and surrender of a person for whom a warrant of arrest has been issued by the International Criminal Court shall be directed to the Attorney-General and accompanied by –
(a) sufficient information, describing the person sought, to identify the person;
(b) information as to that person’s probable location ;
(c) a copy of the warrant of arrest issued by the International Criminal Court; and
(d) such other documents as may be necessary to satisfy a Judge that there is sufficient ground for the surrender of that person to the International Criminal Court .

(2) The Attorney-General shall, on receipt of that request, forward it and the accompanying documents to a Judge, who shall endorse the warrant of arrest for execution in Mauritius .

12. Provisional warrant

(1) Where the Attorney-General receives a request in relation to an urgent case from the International Criminal Court for the provisional arrest of a person who is suspected or accused of having committed an offence contemplated in the Statute, or who has been convicted by the International Criminal Court of such an offence, the Attorney-General shall apply for a warrant of arrest for that person.

(2) On an application by the Director of Public Prosecutions Attorney-General stating under oath that he has reason to believe that –
(a) the request of the International Criminal Court has been made on grounds of urgency for the arrest of a person who is suspected or accused of having committed an offence contemplated in the Statute or who has been convicted by the International Criminal Court;
(b) a warrant of arrest has been issued, or a judgment of conviction has been delivered, against the person in question;
(c) a formal request for the surrender of the person to the International Criminal Court will be made subsequently
(d) the person concerned is in, or on his way to, Mauritius; and
(e) the purpose of the arrest is –
(i) to bring the person concerned before the International Criminal Court to stand trial; or
(ii) to take him to a place where he is to undergo imprisonment under a sentence of the International Criminal Court, as the case may be,
a Magistrate may issue a warrant for the arrest of that person and notify the Attorney- General that a warrant has been issued.

(3) The warrant shall contain –
(a) sufficient information, describing the person sought, to identify the person, and information as to that person’s probable location;
(b) a concise statement of the offence for which the person’s arrest is sought and of the facts which are alleged to constitute that offence, including, where possible, the date and location of the offence;
(c) a statement of the existence of a warrant of arrest or a judgment of conviction against the person sought; and
(d) a statement that a request for surrender of the person sought will follow .

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.

14. International obligations

(1) Where the Attorney-General considers that the execution of a request for the arrest and surrender of a person may be in conflict with the obligations of Mauritius to a foreign country under international law or international agreements referred to in Article 98 of the Statute, he shall consult with the International Criminal Court.

(2) Where, after the consultation, the Attorney-General is satisfied that the execution of the request would not conflict with any of the obligations referred to in subsection (1), the Attorney-General shall sign a certificate stating that the execution of the request does not conflict with any of those obligations.

(3) A certificate signed under subsection (2) shall be conclusive evidence of the matters stated in the certificate.

(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.

(5) Notwithstanding any other enactment, a request under this Part may be executed in respect of an
offence which was committed prior to the commencement of this Act .

15. Proceedings after arrest
(1) Any person who detains a person under a warrant of arrest or a warrant for his further detention shall, without undue delay, bring that person before a Magistrate of the District Court of Port Louis, whereupon that Magistrate shall hold an enquiry relating to the request for the surrender of that person to the International Criminal Court, in order to establish whether –
(a) the warrant applies to the person in question;
(b) the person has been arrested in accordance with the procedures laid down by the law of Mauritius; and
(c) the rights of the person have been respected.

(2) The Magistrate may, at any time during the enquiry, postpone that enquiry to enable the relevant authorities of Mauritius to have any appropriate consultation on any problem experienced with the execution of any request of the International Criminal Court for co-operation or judicial assistance.

(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.
(b) Where the International Criminal Court rejects the challenge, the Magistrate shall proceed with the enquiry.
(c) In case of competing requests between the International Criminal Court and another State, the matter shall be settled in accordance with Article 90 of the Statute.

(4) Any deposition or statement made under oath, whether or not it was made in the presence of the detained person referred to in subsection (1), any document, record or judgment of conviction or any warrant issued by the International Criminal Court, or any copy or sworn translation, may be received in evidence at any such enquiry, save that a true copy or translation may only be received in evidence if the document is certified as a true copy or translation by a Judge of the International Criminal Court or by a member of the staff of the International Criminal Court authorised by the Judge.

(5) Where, after considering the evidence adduced at the enquiry referred to in subsection (1), the Magistrate is satisfied that the requirements of subsection (1) (a) to (c) have been complied with and that the person concerned may be surrendered to the International Criminal Court –
(a) for prosecution in the International Criminal Court for the alleged crime or offence;
(b) for the imposition of a sentence by the International Criminal Court for the crime or offence in respect of which the person has been convicted; or
(c) to serve a sentence already imposed by the International Criminal Court,
the Magistrate shall issue an order committing that person to prison pending his surrender to the International Criminal Court unless a request for interim release has been granted pursuant to section
16.

(6) The Magistrate issuing the order of committal referred to in subsection (5) or postponing the enquiry referred to in subsection (1), shall immediately forward to the Attorney-General a copy of the order or request for a decision of the International Criminal Court, together with any other necessary report.

(7) The enquiry referred to in this section may be dispensed with if the person concerned agrees in writing to his surrender to the International Criminal Court.

(8) No order for the surrender of any person may be executed –
(a) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or
(b) before such an appeal has been disposed of.

(9) (a) Any person against whom an order has been issued under subsection (5) may, within 21 days of the date of the order, appeal against such order to the Supreme Court.
(b) On appeal, the Supreme Court may make such order in the matter as it may deem fit.
(c) No order for the surrender of any person may be executed –
(i) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or
(ii) before such an appeal has been disposed of.

16. Interim release
(1) A person arrested shall have the right to apply to a Magistrate for interim release,
and, on any such application, the Magistrate shall consider whether –
(a) given the gravity of the alleged crime, there are urgent and exceptional circumstances to justify interim release; and
(b) necessary safeguards have been or will be taken to ensure that the person will surrender to the International Criminal Court.

(2) It shall not be open to the Magistrate to consider whether the warrant of arrest was properly issued in accordance with Article 58, paragraph 1(a) and (b) of the Statute.

(3) The Pre-Trial Chamber of the International Criminal Court shall be informed by the Magistrate of any request for interim release and the Magistrate shall give full consideration to any recommendation made by the Pre-Trial Chamber in the matter.

17. Rights of persons during an enquiry
In respect of an enquiry under this Part, every person shall –
(a) not be compelled to incriminate himself or to confess guilt;
(b) not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) if questioned in a language other than a language he fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness;
(d) not be subjected to arbitrary arrest or detention or be deprived of his liberty except on such grounds and in accordance with such procedures as are established in the Statute;
(e) be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the International Criminal Court;
(f) have the right to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(g) have the right to legal assistance of his choice, 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
(h) have the right to be questioned in the presence of Counsel unless the person has voluntarily waived his right to Counsel.

18. Removal of person surrendered

(1) Any person in respect of whom an order to be surrendered has been made under section 15(5), or who agrees to his surrender, may be removed from Mauritius in the custody of a person authorized by the International Criminal Court to receive him and if the person escapes while being so removed, he may be arrested without a warrant by any person.

(2) Any person who –
(a) while being so removed, escapes or attempts to escape from custody; or
(b) rescues or attempts to rescue from custody any person being so removed,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 5 years .

19. Entry into and passage through Mauritius
Any person entering and passing through Mauritius in custody by virtue of a warrant or order issued by the International Criminal Court shall, during his passage through Mauritius, be deemed to be in lawful custody and may be held in any police cell, prison or such other detention facility as may be designated by the Attorney-General.

20. Discharge of person not surrendered

(1) Where the International Criminal Court informs the Attorney-General that a person arrested in terms of this Act is no longer required to be surrendered to it or into the custody of a State for purposes of serving a sentence imposed by the International Criminal Court, as the case may be, the Attorney-General shall inform the Magistrate, who ordered the surrender, accordingly.

(2) The Magistrate concerned shall, on receipt of such notification, immediately cancel any order made issued under section 15(5).

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

22. Request for assistance in obtaining evidence

(4) Where the Attorney-General is satisfied that one or more of the requirements referred to in subsection (2) have been complied with, he shall submit the request referred to in subsection (1) to the Magistrate within whose area of jurisdiction the witness resides or is believed to be present, as well as to the Director of Public Prosecutions

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

23. Taking or production of evidence

(1) Where, in order to comply with a request, it is necessary for the evidence received by a Magistrate under Part IV to be verified in any manner, the Magistrate shall specify the nature of the verification required .

(2) A Magistrate may, where he thinks necessary in order to protect –
(a) victims, witnesses, or a person alleged to have committed an international crime; or
(b) confidential or sensitive information, direct that the public be excluded from the Court .

(3) The Magistrate shall ensure that a register is kept of the proceedings that indicates –
(a) which persons with an interest in the matter were present;
(b) which of those persons were represented and by whom; and
(c) whether any of those persons was denied the opportunity of cross- examining a witness as to any part of his testimony.

(4) The register shall not be open to inspection except as authorised by the Attorney-General or with the leave of the Magistrate.

(5) A copy of the register of proceedings shall be sent to the Attorney-General for transmission to the International Criminal Court.

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

24. Examination of witnesses

(1) The Magistrate to whom a request has been forwarded in terms of section 22(4) shall cause the person whose evidence is required, to be summoned to appear before him to give evidence or to produce any book, document, or object.
(2) On the appearance of that person, the Magistrate shall administer an oath to him and take the evidence of that person.

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

24. Examination of witnesses

(1) The Magistrate to whom a request has been forwarded in terms of section 22(4) shall cause the person whose evidence is required, to be summoned to appear before him to give evidence or to produce any book, document, or object.

(2) On the appearance of that person, the Magistrate shall administer an oath to him and take the evidence of that person.

(3) On completion of the examination of the witness, the Magistrate taking the evidence shall, as soon as possible, transmit to the Attorney-General the record

of the evidence certified by him to be correct, together with a certificate setting out the costs incurred in connection with the execution of the International Criminal Court’s request, including any extraordinary costs which have emanated from the execution of that request .

(4) Where the services of an interpreter were used at the examination of the witness, the interpreter shall certify that he has translated truthfully and to the best of his ability and that certificate shall accompany the documents referred to in subsection (3).

(5) The Attorney-General shall, on receipt of the documents referred to in subsections (3) and (4), submit them to the Registrar of the International Criminal Court, indicating which costs emanating from the execution of the request, in his opinion, should be borne by the International Criminal Court in terms of Article 100 of the Statute

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

28. Securing attendance of witnesses

(3) The Magistrate shall, if satisfied that the summons was issued by the International Criminal Court, endorse it for service upon such person, and the endorsed summons may be served as if it were a summons issued by the Magistrate.
(4) A return of service indicating that the summons was properly served on the person concerned, together with a certificate by the Magistrate to the effect that such person failed to appear at the time and place specified in the summons, shall be prima facie proof that the said person failed to appear before the International Criminal Court.

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

29. Transfer of prisoner to give evidence or to assist in investigation

(1) Where the Attorney-General receives a request from the International Criminal Court or from its Prosecutor for the transfer of a prisoner in Mauritius into the custody of the International Criminal Court, for the purpose of giving evidence or assisting in an investigation, the Attorney-General shall transmit the request to the Commissioner of Prisons.
(2) Where the prisoner consents to the transfer, the Commissioner of Prisons may issue a warrant for the transfer of the prisoner into the custody of the International Criminal Court, in accordance with the arrangements made with the Registrar or the Prosecutor of the International Criminal Court.
(3) Any period of imprisonment served in the custody of the International Criminal Court by a prisoner transferred under this section shall be regarded as a period of imprisonment served in Mauritius for the purposes of calculating the remaining term of imprisonment of that person.
(4) The Commissioner of Prisons shall, where it appears that the term of imprisonment of the transferred prisoner will expire while that prisoner is still in the custody of the International Criminal Court, inform the Registrar of the Court in writing of the date on which that term of imprisonment will expire.

PART VI – OTHER FORMS OF ASSISTANCE

32. Request for enforcement of fine or forfeiture order

(1) Where the Attorney-General receives a request from the International Criminal Court for the enforcement of a fine or any order for forfeiture in Mauritius, he shall lodge with the Master and Registrar or present a certified copy of the order if where he is satisfied that the order is not subject to any review or appeal and that the request is supported by –
(a) a concise statement of the purpose of the request, and the assistance sought, including the legal basis and the ground for the request;
(b) as much information as possible about the location or identification of any person or place that shall be found in order for the assistance sought to be provided;
(c) a concise statement of the essential facts underlying the request;
(d) the reasons for and details of any procedure or requirement to be followed;
(e) such information as may be required by the law of Mauritius in order to execute the request; and
(f) any other information that is available and may be relevant in the
circumstances.

(2) The Master and Registrar with whom a certified copy of a request order is lodged under subsection (1) shall register such order in respect of the persons or items specified therein

PART VI - OTHER FORMS OF ASSISTANCE

33. Service of process

(1) Where the Attorney-General receives a request for assistance in effecting the service of any process or document, he shall send the request, together with the process or document, to the Master and Registrar for service on the person concerned.
(2) The Master and Registrar shall cause the process or document to be served on the person concerned in the manner specified in the request and shall send the return of service to the Attorney-General for transmission to the International Criminal Court

PART VI - OTHER FORMS OF ASSISTANCE

34. Registration of sentence or compensatory order

(2) On being satisfied of the requirements of under subsection (1), the Attorney- General shall lodge with the Clerk of a Court in Mauritius having jurisdiction or the Master and Registrar, as the case may be, a certified copy of the document confirming the sentence or order.
(3) The Clerk of the Court or the Master and Registrar, as the case may be, shall forthwith give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made or who has effective control over the relevant property in Mauritius

PART VI - OTHER FORMS OF ASSISTANCE

34. Registration of sentence or compensatory order

(1) Where the Attorney-General receives a request from the International Criminal Court for assistance in Mauritius to recover a fine to which a person has been sentenced in criminal proceedings in the International Criminal Court, or for the execution of an order for the payment of compensation for damages to any person made in such proceedings, he shall ascertain that –
(a) the sentence or order is final and not subject to review or appeal ;
(b) the person on whom the sentence was imposed or against whom the order was made, had the opportunity of defending himself ;
(c) the sentence or order cannot be satisfied in full except by confiscating and realising property; and
(d) the person concerned holds property in Mauritius.

(2) On being satisfied of the requirements of under subsection (1), the Attorney- General shall lodge with the Clerk of a Court in Mauritius having jurisdiction or the Master and Registrar, as the case may be, a certified copy of the document confirming the sentence or order.

(3) The Clerk of the Court or the Master and Registrar, as the case may be, shall forthwith give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made or who has effective control over the relevant property in Mauritius

PART VI - OTHER FORMS OF ASSISTANCE

35. Registration of forfeiture order

(1) Where the Attorney-General receives a request for assistance in executing a forfeiture order in Mauritius made by the International Criminal Court, he shall ascertain that –
(a) the order is final and not subject to review or appeal;
(b) the person against whom the order was made had the opportunity of defending himself;
(c) the order cannot be satisfied in full except by confiscating and realising property;
(d) the order is enforceable by the International Criminal Court;
(e) the person concerned holds property in Mauritius; and
(f) the request is supported by –
(i) a concise statement of the purpose of the request, including the legal basis and the ground for the request;
(ii) as much information as possible about the location or identification of the property in question;
(iii) a concise statement of the essential facts underlying the request ;
(iv) the reasons for and details of any procedure or requirement to be followed; and
(v) any other information that is available and may be relevant in the circumstances.

(2) On being satisfied that the requirements of subsection (1) have been complied with, the Attorney-General shall lodge with the Clerk of a Court in Mauritius having jurisdiction or the Master and Registrar, as the case may be, a certified copy of the forfeiture order.

(3) The Clerk or the Master and Registrar of the Court registering a forfeiture order shall forthwith issue a notice in writing, addressed to the person against whom the order has been made, to the effect that –
(a) the order has been registered at the Court concerned; and
(b) the said person may, within the prescribed period and in the prescribed manner, apply to that Court for the setting aside of the registration of the order.

(4) (a) Where the person against whom the forfeiture order has been made is present in Mauritius, the notice referred to in subsection (3) shall be served on the person in the prescribed manner.
(b) Where the said person is not present in Mauritius, he shall be informed of the registration of the forfeiture order in such manner as the Court may determine.

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

PART VI - OTHER FORMS OF ASSISTANCE

38. Entry, search and seizure

(1) The International Criminal Court or the Prosecutor of the International Criminal Court shall submit any request for assistance in the entering and searching of premises, the search of a person and the seizure of a book, document or object that has a bearing on a crime or an offence committed within the jurisdiction of the International Criminal Court, to the Attorney-General in writing.

(2) The request shall contain sufficient information that there is reasonable ground for believing that the entry, search or seizure of the book, documents or object has a bearing on a crime or an offence committed within the jurisdiction of the International Criminal Court or that such entry, search or seizure of a book, document or object is necessary to determine if such a crime or such an offence has been so committed and that an investigation in that respect is being conducted by the Prosecutor of the International Criminal Court .

(3) On receipt of such a request, the Attorney-General shall forward it to the Commissioner of Police with a view to obtaining the necessary warrant required in the circumstances.

(4) A Magistrate may, if it appears to him from the information submitted that there is reasonable ground for believing that any book, document or object, which has a bearing on the investigation concerned, is in the possession or under the control of any person or on or in any premises within the Magistrate’s area of jurisdiction, issue the necessary warrant required in the circumstances.

(5) The warrant shall clearly specify the acts which may be performed under it by the police officer to whom it is issued.

(6) The warrant shall remain valid until –
(a) it is executed;
(b) it is cancelled by the person who issued it or by any person with similar authority;
(c) the expiry of 3 months from the date of its issue; or
(d) the purpose for which the warrant was issued no longer exists, whichever may occur first.

(7) A police officer shall, immediately before executing the warrant –
(a) identify himself to the person referred to in the warrant or the owner or person in control of the premises, if the person is present;
(b) hand over to the person a copy of the warrant or, if the person is not present, affix that copy to a prominent place on the premises; and
(c) supply the person at his request with particulars regarding his authority to execute the warrant.

(8) Every entry, search and seizure under this section shall be –
(a) conducted with strict regard to decency and order, including the protection of a person’s right to dignity, freedom, security and privacy; and
(b) executed by day unless the execution by night is justifiable and necessary.

(9) The seizure of a book, document or object under this section shall be effected by removing it from the premises concerned or, if that removal is not reasonably practicable, by sealing or otherwise safeguarding it on or in the premises.

(10) A police officer who may under this section enter and search any premises –
(a) shall, immediately before the entry, demand admission to the premises and make known the purpose of the entry and search, unless there is reasonable ground for believing that a book, document or object in respect of which the search is being conducted, may be destroyed, disposed of or tampered with if that admission is first demanded and that purpose is made known;
(b) may use such force as is reasonably necessary to overcome resistance to the entry or search or the seizure of a book, document or object under this section;
(c) may utilise or request the assistance of any person to identify any book, document or object which has a bearing on the alleged crime or offence or to conduct the entry or search or the seizure of any book, document or object under this section.

(11) A person from whose possession or control a book, document or object has been removed under this section may, at his own expense and under the supervision of a police officer, make a copy or take an extract from it.

(12) A police officer who removes a book, document or object from any premises under this section shall issue a receipt to the person who is the owner, or in possession or in control, of the premises or, if that person is not present, affix it to a prominent place on the premises.

(13) Where, during the conduct of a search or the carrying out of a seizure under this section, a person claims that a book, document or object found on or in the premises contains privileged information and refuses the examination or removal of the book, document or object, the police officer conducting the search or carrying out the seizure shall, if he is of the opinion that the book, document or object contains information which has a bearing on the alleged crime or offence, seize the book, document or object and submit it to the Magistrate having jurisdiction for safe custody until a Court has made a ruling on the question whether the information is privileged or not.

(14) Where the information is found not to be privileged, the book, document or object seized under this section shall be handed over to the International Criminal Court or the Prosecutor of the International Criminal Court.

(15) Where criminal proceedings, in respect of which a book, document or object has been seized under this section, are not instituted within a reasonable time after the seizure or it appears that the book, document or object is not required in criminal proceedings for the purposes of evidence or an order of the International Criminal Court, the Attorney-General shall request the International Criminal
Court or the Prosecutor of the International Criminal Court to return the book, document or object to the person from whom it was seized.