MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE
21. Form of request.
(1) Subject to subsection (2), a request for assistance under this Act made by a Commonwealth country shall comply with the conditions set out in the First Schedule.
(2) Subsection (1) does not apply to an informal request for assistance under this Act where it is transmitted orally, but in the event that such a request is accepted—
(a) it is required to be implemented only to the extent that the Central Authority considers it reasonable;
(b) it is deemed to have been withdrawn if it is not transmitted in writing within such period as the Central Authority considers reasonable.
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Co-operation Relating to Offences Against Administration of Justice
23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—
(b) enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts III and VI and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;
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.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall 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.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.