National procedures for execution of cooperation request

Trinidad and Tobago

The International Criminal Court Act 2006


Miscellaneous Provisions

178. (1) If the Attorney General receives a request for assistance from the ICC to which Part V relates, the Attorney General may give a certificate certifying all or any of the following facts:
(a) that a request for assistance has been made by the ICC;
(b) that the request meets the requirements of this Act; and
(c) that the acceptance of the request has been duly made under and in accordance with this Act.

(2) In any proceeding under this Act, a certificate purporting to have been given under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the matters certified by the certificate.

179. The President may make Regulations for all or Regulations any of the following purposes:
(a) prescribing the procedure to be followed in dealing with requests made by the ICC, and providing for notification of the results of action taken in accordance with any such request;
(b) prescribing the procedures for obtaining evidence or producing documents or other articles in accordance with a request made by the ICC;
(c) providing for the payment of fees, travelling allowances, and expenses to any person in Trinidad and Tobago who gives or provides evidence or assistance pursuant to a request made by the ICC;
(d) prescribing conditions for the protection of any property sent to the ICC pursuant to a request made under this Act, and making provision for the return of property in Trinidad and Tobago in accordance with a request;
(e) prescribing the forms of applications, notices, certificates, warrants, and other documents for the purposes of this Act, and requiring the use of such forms; and
(j) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

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:

(a) The identification and whereabouts of persons or the location of items;

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

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

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

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.