Facilitating voluntary appearance of persons - national procedures for ICC proceedings


International Criminal Court Act 2007, No.26


62. Assistance in facilitating the voluntary appearance of witness -

(1) Where the ICC requests assistance in facilitating the voluntary appearance of a witness before the ICC the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister is satisfied that there are reasonable grounds to believe that the witness is or may be in Samoa.

(2) In this section and in section 63 and 64, “witness” includes a person who may give expert evidence; but does not include -

(a) a person who has been accused of a crime in the proceedings to which the request relates; or
(b) a prisoner who is detained in relation to an offence against the law of Samoa.

63. Consent required –

The Attorney General under section 62 shall make such inquiries as may be necessary to ascertain whether the prospective witness consents to giving evidence or assisting the ICC.

64. Minister may facilitate appearance -

(1) The Minister may assist in the making of arrangements to facilitate a witness’s attendance before the ICC if the Minister is satisfied that -

(a) the prospective witness has consented to giving the evidence or assistance requested; and
(b) the ICC has given any assurance requested by the Minister in respect of the witness including but not limited to an assurance that the witness will not be prosecuted or detained by the ICC in respect of any specified act or omission that occurred before the witness’s departure from Samoa.

(2) The Minister may -

(a) approve and make arrangements for the travel of the witness to the ICC at the cost of the ICC, including but not limited to, the obtaining of such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence -
(i) the variation, discharge, or suspension of the conditions of the person’s release from prison; or
(ii) the variation, cancellation, or suspension of the person’s sentence; and
(b) take such other action for the purposes of subsection (1) as the Minister thinks appropriate.

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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;