Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04

EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT


PART III
EXTRADITION FROM TRINIDAD AND TOBAGO

16. Order for return.

(5) The Attorney General may decide to make no order under this section for the return of a person committed in consequence of a request made on behalf of any territory if another request for his return under this Act has been made on behalf of another territory and it appears to the Attorney General, having regard to all the circumstances of the case and in particular—
(a) the relative seriousness of the offences in question;
(b) the date on which each such request was made; and
(c) the nationality or citizenship of the person concerned and his ordinary residence,
that preference should be given to the other request.

(6) Notice of the issue of a warrant under this section shall forthwith be given to the person to be returned thereunder.

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

22. Acceptance or refusal of request, etc.

(2) Such a request shall be refused if, in the opinion of the Central Authority—

(a) the request relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character;
(b) there are substantial grounds for believing that the request has been made with a view to prosecuting or punishing a person for an offence of a political character;
(c) there are substantial grounds for believing that the request was made for the purpose of prosecuting, punishing or otherwise causing prejudice to a person on account of the person’s race, sex, religion, nationality, place of origin or political opinions;
(d) the request relates to the prosecution or punishment of a person in respect of conduct that, had it occurred in Trinidad and Tobago, would have constituted a criminal offence under any law giving effect to a state of emergency, but if the conduct alleged would have amounted to a criminal offence under any other law of Trinidad and Tobago, this paragraph shall not apply;
(e) the granting of the request would be contrary to the Constitution of Trinidad and Tobago or the sovereignty of Trinidad and Tobago, or would prejudice the security, international relations or any substantial interest related to national security, public interest or other essential public policy of Trinidad and Tobago ;
(f) the request relates to conduct by a person that constitutes an offence in respect of which the person has already been convicted or acquitted by a Court or tribunal in Trinidad and Tobago ;
(g) the request is for the transfer of a prisoner under section 27(1) but the prisoner does not consent to his transfer ;
(h) the request is for assistance of a kind which cannot be given under this Act, or would require steps to be taken for its implementation that could not be lawfully taken ;
(i) the implementation of the request would require an individual to act or refrain from acting in a certain way, and the individual is not willing to do so and cannot be lawfully compelled to do so;
(j) the request relates to an offence which in the requesting country is an offence only under military law or a law relating to military obligations;
(k) the request relates to a criminal offence under the tax laws of a Commonwealth country, save that the assistance may be granted if the offence is committed by way of an intentionally incorrect statement, whether oral or written, or by way of an intentional failure to declare income derived from any other offence covered by the Inter-American Convention on Mutual Assistance in Criminal Matters; or
(l) it would be contrary to the laws of Trinidad and Tobago.

(3) A request for assistance made by a Commonwealth country may be refused, in whole or in part, if in the opinion of the Central Authority—

(a) the request relates to the prosecution or punishment of a person in respect of conduct that, had it occurred in Trinidad and Tobago, would not have constituted an offence against the laws of Trinidad and Tobago;
(b) the request relates to the prosecution or punishment of a person in respect of conduct that occurred, or is alleged to have occurred, outside the Commonwealth country making the request, and similar conduct occurring outside Trinidad and Tobago in similar circumstances would not have constituted an offence against the laws of Trinidad and Tobago;
(c) the request relates to the prosecution or punishment of a person in respect of conduct where, had it occurred in Trinidad and Tobago and had constituted an offence against the laws of Trinidad and Tobago, the person responsible could no longer be prosecuted by reason of lapse of time or for any other reason;
(d) the request was made by a special or ad hoc tribunal;
(e) the provision of the assistance would impose an excessive burden on the resources of Trinidad and Tobago ;
(f) any conditions, exceptions or qualifications imposed pursuant to section 4 in relation to the Commonwealth country, prevent the request from being accepted;
(g) the request does not meet the requirements of the First Schedule; or
(h) there are other reasonable grounds for doing so.

(4) If, in the opinion of the Central Authority, the expenses involved in complying with a request for assistance would be of an extraordinary nature, it shall consult the central authority for the Commonwealth country as to the terms and conditions under which compliance with the request may continue and, in the absence of agreement in that regard, it may refuse to continue further with the request.

(5) If a request for assistance made by a Commonwealth country, other than an informal one, is refused, the fact of, and the grounds for, the refusal shall be given by the Central Authority to the central authority for that country.

(6) For the purposes of this section, an offence is not an offence of a political character if it is an offence within the scope of any international convention to which both Trinidad and Tobago and the Commonwealth country making the request are parties, and which imposes on the parties thereto, an obligation to afford mutual assistance in criminal matters relating to the offence.

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

Consultation
28. (1) The Attorney General shall consult with the ICC, without delay, if—
(a) a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate informa¬tion or the appropriate documents specified in article 87, 91, 92, 93, or 96 of the Statute;
(b) the ICC has not provided sufficient information for a request for assistance to be executed;
(c) in the case of a request for surrender—
(i) the person sought cannot be located in Trinidad and Tobago;
(ii) it appears that the person in Trinidad and Tobago is clearly not the person named in the warrant or judgment, as the case may be;

(d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or
(e) for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.
(2) Before refusing any request for assistance, the Attorney General shall consult with the ICC to ascertain whether the assistance sought could be provided—
(a) subject to conditions; or
(b) at a later date or in an alternative manner.
(3) Without limiting the types of conditions under which assistance may be provided, the Attorney General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
(4) If the Attorney General transmits documents or information subject to the condition specified in subsection (3), the Attorney General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules.

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—
(i) the provisional arrest, arrest and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;
(ii) the identification and where¬abouts of persons or the location of items;
(iii) the taking of evidence, including testimony under oath and the production of evidence, expert opinions, and reports necessary to the ICC;
(iv) the questioning of any person being investigated or prosecuted;
(v) the service of documents, including judicial documents;
(vi) facilitating the voluntary appear¬ance of persons as witnesses or experts before the ICC;
(vii) the temporary transfer of prisoners;
(viii) the examination of places or sites, including the exhumation and examination of grave sites;
(ix) the execution of searches and seizures;

(x) the provision of records and documents, including official records and documents;
(xi) the protection of victims and witnesses and the preservation of evidence;
(xii) 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
(xiii) any other type of assistance that is not prohibited by the law of Trinidad and Tobago, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or
(b) any of the following articles of the Statute—
(i) article 19(8), which relates to various steps that the Prosecutor may take with the authority of the ICC;
(ii) article 56, which relates to various measures that can be taken by the Pre-Trial Chamber;
(iii) article 64, which relates to various measures that can be taken by the Trial Chamber;
(iv) article 76, which relates to the imposition of sentence by the Trial Chamber; or
(v) article 109 of the Statute, which relates to the enforcement of fines and forfeiture measures.

(2) Nothing in this section—
(a) limits the type of assistance that the ICC may request under the Statute or the Rules, whether in relation to the provision of infor¬mation or otherwise; or
(b) prevents the provision of assistance to the ICC otherwise than under this Act, including assistance of an informal nature.
25. (1) A request for assistance must be made through an authorized channel and—
(a) in the case of a request to which Part IV applies, be transmitted to the Attorney General; or
(b) in any other case, be transmitted to the Attorney General or a person authorized by the Attorney General to receive requests.
(2) For the purposes of subsection (1) and section 26(1), an authorized channel is—
(a) the diplomatic channel to the Minister to whom responsibility for foreign affairs is assigned; or
(b) any other appropriate channel that Trinidad and Tobago may designate at the time it ratifies the Statute or at any subse¬quent time in accordance with the Rules.
(3) This section is subject to section 26 which relates to urgent requests. Requests to be made through authorized channel

26. (1) In urgent cases a request for assistance, including a request for provisional arrest, may be—
(a) made using any medium capable of delivering a written record; or
(b) transmitted through the International Criminal Police Organization or any other appropriate regional organization, instead of through an authorized channel. Urgent requests

(2) If a request is made or transmitted in the first instance in the manner specified in subsection (1), it must be followed as soon as practicable by a formal request transmitted in the manner specified in section 25.
Execution of requests 27. (1) If the ICC makes a request for assistance, the request must be dealt with in accordance with the relevant procedure under the law of Trinidad and Tobago, as provided in this Act.
(2) If the request for assistance specifies that it should be executed in a particular manner that is not prohibited by Trinidad and Tobago law or by using a particular procedure that is not prohibited by Trinidad and Tobago law, the Attorney General, as the case may be, must use his best endeavours to ensure that the request is executed in that manner or using that procedure, as the case may be.

Consultation 28. (1) The Attorney General shall consult with the ICC, without delay, if—
(a) a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate informa¬tion or the appropriate documents specified in article 87, 91, 92, 93, or 96 of the Statute;
(b) the ICC has not provided sufficient information for a request for assistance to be executed;
(c) in the case of a request for surrender—
(i) the person sought cannot be located in Trinidad and Tobago;
(ii) it appears that the person in Trinidad and Tobago is clearly not the person named in the warrant or judgment, as the case may be;

(d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or
(e) for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.
(2) Before refusing any request for assistance, the Attorney General shall consult with the ICC to ascertain whether the assistance sought could be provided—
(a) subject to conditions; or
(b) at a later date or in an alternative manner.
(3) Without limiting the types of conditions under which assistance may be provided, the Attorney General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.
(4) If the Attorney General transmits documents or information subject to the condition specified in subsection (3), the Attorney General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Statute and in accordance with the Rules.
29. (1) A request for assistance and any documents supporting the request shall be kept confidential by the Trinidad and Tobago authorities who deal with the request, except to the extent that the disclosure is necessary for execution of the request.
(2) If the ICC requests that particular information that is made available with a request for assistance be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses, and their families, the Trinidad and Tobago authorities shall use their best endeavours to give effect to that request. Confidentiality of request

(3) In this section, the Trinidad and Tobago authorities are—
(a) the Attorney General;
(b) every police officer;
(c) every prison officer; and
(d) every employee of or contractor engaged by a Trinidad and Tobago agency that is authorized to deal with the request.
(4) Subsection (2) does not limit subsection (1).
30. (1) The Attorney General shall notify the ICC, without delay, of his response to a request for assistance and of the outcome of any action that has been taken in relation to it.
(2) If the Attorney General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the reasons for the decision shall be set out in the notice to the ICC.
(3) If the request for assistance cannot be executed for any other reason, the reasons for the inability or failure to execute the request shall be set out in the notice to the ICC.
(4) In the case of an urgent request for assist¬ance, any documents or evidence produced in response shall, at the request of the ICC, be sent urgently to it.
(5) Documents or evidence provided or produced in response to a request for assistance from the ICC must be transmitted to the ICC in their original language and form.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Eligibility for Surrender

43. (5) Notwithstanding subsection (3), the person is not eligible for surrender if he satisfies the Court that a mandatory restriction on the surrender of the person specified in section 55(1), applies.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Surrender and Temporary Surrender

47. (2) The Attorney General shall make a surrender order in respect of the person unless—
(a) he is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 55(1) applies;
(b) he is satisfied that one of the discretionary restrictions on surrender specified in section 55(2) applies and that it is appropriate in the circumstances that surrender be refused;

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender
55. (3) To avoid doubt the only grounds on which surrender to the ICC may be refused are those specified in this section and if applicable, section 23(2) which relates to offences involving the administration of justice.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

59. (3) If the ICC determines that the case is inadmissible, surrender shall be refused.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

60. (2) If the ICC determines that the case is inadmissible, surrender must be refused.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on Surrender

66. (3) If the ICC advises that it does not intend to proceed with the request, surrender must be refused.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

114. (1) The Attorney General shall refuse a request by the ICC for assistance to which this Part applies if—
(a) the ICC does not accept the conditions or other modifications suggested in order to implement the request as contemplated by article 93(5) of the Statute and section 113(4);
(b) the ICC determines under article 18 or 19 of the Statute that the case to which the request relates is inadmissible and section 118(4) applies; or
(c) section 120(4) applies.

(2) The Attorney General may refuse a request by the ICC to which this Part applies if —
(a) Part VIII, which relates to the protection of national security or third party information applies; or
(b) there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4), as applied by section 119, applies.
(3) To avoid doubt the only grounds on which assistance to the ICC may be refused are those specified in this section and, if applicable, section 23(2), which relates to offences involving the administration of justice.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on Provision of Assistance

118.
(4) If the ICC determines that the case to which the request relates is admissible, the request shall be refused.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Miscellaneous

121. At any time before a formal response is sent to the ICC, the Attorney General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 114 or 115, even if the Attorney General has previously given authority for the request to proceed.

PART VIII
PROTECTION OF NATIONAL SECURITY OR THIRD PARTY INFORMATION

National Security

157. If an issue relating to Trinidad and Tobago’s national security interests arises at any stage of any proceedings before the ICC, the issue shall be dealt with in the manner provided in article 72 of the Statute and this Part.

158. (1) If a request for assistance made under Part 9 of the Statute appears to concern the production of any documents or disclosure of evidence that would, in the opinion of the Attorney General, prejudice Trinidad and Tobago’s national security interests, that request shall be dealt with in accordance with the process specified in sections 161 and 162.
(2) If, having followed the specified process the matter is not able to be resolved, the Attorney General may refuse the request or decline to authorize the production of the documents or giving of the evidence, as the case may be.