PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


57. Assistance in taking evidence -

(1) Where the ICC requests assistance in the taking of evidence, 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 evidence can be taken in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Judge shall issue an order compelling the witness to appear at a specified time and place for the person’s evidence to be taken.

(3) The Judge shall, if the ICC so requests, permit a representative of the ICC or a representative of the person to whom the request relates to be present at the taking of the evidence and to put questions to the witness.

(4) In taking evidence under this section, the Judge shall do so in the manner specified in the request for assistance made by the ICC and in accordance with the procedure stipulated under Samoan law.

(5) The Judge taking evidence under this section shall -

(a) certify that the evidence was taken before the Judge and that the persons named in the certificate were present when the evidence was taken; and
(b) cause the evidence together with the certificate to be transmitted to the Minister.

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


59. Applicable law -

(1) The applicable law for the taking of evidence under section 57 or the production of documents or articles under section 58 shall be the Statute and Rules unless the Judge orders that the evidence shall be taken in accordance with the laws of Samoa.

(2) Notwithstanding subsection (1), a person compelled to give evidence or produce documents shall have the same privileges as if the investigation or proceeding was conducted under the laws of Samoa and the laws of Samoa relating to the non-disclosure of information, including national security information, shall apply.

(3) Nothing in subsection (1) shall be construed as requiring a person to give evidence or answer any question or produce any document or article that the person could not be compelled to give or answer or produce in an investigation being conducted by the Prosecutor or in any proceedings before the ICC.

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.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General may -

(a) make use of any domestic powers as would be available in a domestic investigation of a similar matter to gather such evidence and any such powers under domestic law shall apply with the necessary modifications;
(b) make such report as it considers to be appropriate in the circumstances; and
(c) deliver the report to the Minister.

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


76. National Security -

(1) Where -

(a) the ICC requests assistance under Part V for the production of documents or the taking of evidence and the Minister is of the opinion that the production of such documents or the disclosure of such evidence would be prejudicial to the national security of Samoa; or
(b) a person is required to disclose information to, or give evidence before the ICC and the person refuses to do so on the ground that the disclosure of such information or the giving of such evidence would be prejudicial to the national security of Samoa and the Minister confirms that in the person’s opinion the disclosure of such information or the giving of such evidence would be prejudicial to the national security of Samoa; or
(c) the Minister is of the opinion that the disclosure of information to, or giving of evidence before the ICC in circumstances other than the circumstances referred to in paragraphs (a) and (b) would be prejudicial to the national security of Samoa, the Minister shall consult with the ICC and take reasonable steps to resolve the matter in accordance with article 72(5) of the Statute.

(2) If, after consultation with the ICC, the Minister considers that there are no means or conditions under which the information, documents or evidence requested could be provided, disclosed or given without prejudice to the national security of Samoa, the Minister may refuse the request for the production of such document or the disclosure of such evidence or refuse the authorisation of the production of such document or the disclosure of such information and shall specify to the ICC, the person’s reasons for doing so, unless the specification of those reasons would itself be, in the person’s opinion, prejudicial to the national security of Samoa.

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

59. Applicable law-(1) The applicable law for the taking of evidence under section 57 or the production of documents or articles under section 58 shall be the Statute and Rules unless the Judge orders that the evidence shall be taken in accordance with the laws of Samoa.
(2) Notwithstanding subsection (1), a person compelled to give evidence or produce documents shall have the same privileges as if the investigation or proceeding was conducted under the laws of Samoa and the laws of Samoa relating to the non-disclosure of information, including national security information, shall apply.
(3) Nothing in subsection (1) shall be construed as requiring a person to give evidence or answer any question or produce any document or article that the person could not be compelled to give or answer or produce in an investigation being conducted by the Prosecutor or in any proceedings before the ICC.