Production of evidence - authority - ICC proceedings

Independent State of Samoa

International Criminal Court Act 2007, No.26

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE


28. Requests for assistance -

A request for assistance is a request made by the ICC to the Minister, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, in relation to a crime within the jurisdiction of the ICC, for:

(a) assistance in respect of any one or more of the following, namely –

(iii) the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the ICC;

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

58. Assistance in production of documents and articles-(1) Where the ICC requests assistance in the production of documents or articles the Minister shall give authority for the request to proceed and transmit the request to a Judge, if the Minister has reasonable grounds to believe that the documents or articles can be produced in Samoa.

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

71. Assistance involving the use of other domestic investigative procedures-(1) Where the ICC requests assistance in the gathering of evidence for an investigation, the
Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the assistance requested is not prohibited by the law of Samoa.

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

Article 99 Execution of requests under articles 93 and 96

2. In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.