Contents of request for arrest and surrender - national law requirements

Barbados

Barbados - Extradition Act 1980

Article 15 Evidence of extradition crime

(1) In order to show the truth of a charge of an extradition crime or the fact of a conviction for an extradition crime, any or all of the following are admissible in evidence, if duly authenticated, namely,

(a) evidence on oath or affirmation; and

(b) warrants, depositions taken outside Barbados, certificates of conviction or judicial documents stating the fact of conviction in a Commonwealth country or foreign state, or copies thereof.

(2) A document or paper is duly authenticated for the purposes of subsection (1) if it is authenticated in the manner provided for the time being by the law of Barbados.

(3) Other documents or papers not within the purview of subsection (2) are duly authenticated for the purposes of subsection (1) if,

(a) in the case of a warrant or a copy thereof, it purports to be the original warrant signed, or a true copy thereof certified, by an appropriate judicial officer in the prescribed manner,

(b) in the case of a deposition or copy thereof, it purports to be the original deposition signed, or a true copy thereof certified, by an appropriate judicial officer in the prescribed manner, or

(c) in the case of a certificate of conviction, or a judicial document stating the fact of conviction or a copy thereof, it purports to be the original certificate or judicial document signed, or a true copy thereof certified, by an appropriate judicial officer in the prescribed manner.

(4) For the purposes of subsection (3),

(a) “an appropriate judicial officer” means a judge, magistrate or officer of the Commonwealth country or the foreign state, as the case may be, that is seeking the surrender of the fugitive concerned, and

(b) “in the prescribed manner” means that the document or paper is authenticated by the oath or affirmation of some witness or by being sealed with the official seal of the Attorney General, Minister of Justice, or some other Minister of Government of the Commonwealth country or foreign state, as the case may be, that is seeking the surrender of the fugitive concerned.

(5) For the purposes of this Act, judicial notice shall be taken of the official seal described in paragraphs (a) and (b) of subsection (4).

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.