Search and seizure - national procedures for ICC proceedings


International Criminal Court Act 2007, No.26


70. Assistance involving search and seizure -

(1) Where the ICC makes a request for search and seizure, the Minister shall give authority for the request to proceed and authorise in writing, a police officer to apply to a Judge for a search warrant if the Minister has reasonable grounds to believe that any thing relevant to an investigation being conducted by the Prosecutor or proceeding before the ICC is or may be located in Samoa.

(2) Upon an application made to a Judge under subsection (1) by a police officer authorised under that subsection, the Judge may, if satisfied that the item specified in the request made by the ICC is located in Samoa issue a warrant authorising that police officer or any other police officer specified in the warrant to search for and seize that item.

(3) The Judge may issue a warrant under subsection (2) subject to such conditions as the Judge may think fit to impose.

(4) Subject to any condition specified in the warrant, a warrant issued under subsection (2) shall authorise the police officer executing the warrant -

(a) to enter and search any place or to stop and search any vehicle in which the item specified in the warrant is located or held, at any time by day or night;
(b) to use such assistants as may be reasonable in the circumstances for the purpose of such entry and search;
(c) to use such force as is reasonable in the circumstances to effect entry to such place or to stop or board such vehicle, and to break any receptacle in which the item specified in the warrant is placed; and
(d) to search for and seize the item.

(5) A person called on to assist a police officer executing a warrant issued under subsection (2) may exercise the powers referred to in paragraph (c) and (d) of subsection (4).

(6) A police officer executing a warrant issued under subsection (2) shall -

(a) produce such warrant on initial entry, and if required to do so, at any time there after;
(b) give to the owner of the item seized or any other person whom the police officer has reason to believe has an interest in such item, a notice specifying -
(i) the date and time of execution of the warrant;
(ii) the name and position of the person executing the warrant;
(iii) the item seized under the warrant.

(7) A police officer seizing an item under the authority of a warrant issued under subsection (2) shall deliver it into the custody and control of the Commissioner of Police.

(8) The Commissioner of Police shall inform the Minister that the item has been obtained and await the Minister’s directions as to how the item is to be dealt with.

(9) Except as otherwise provided in this section, the law relating to search and seizure generally, shall apply to a search and seizure under this section.

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:

(h) The execution of searches and seizures;