Conflict with existing fundamental legal principle of general application - consultations with the Court

Mauritius

International Criminal Court Act 2011

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

31. Consultations with International Criminal Court

(1) The Attorney-General shall consult with the International Criminal Court, without delay, if, for any reason, there are or may be problems with the execution of a request for co-operation.

(2) Before refusing a request for assistance of a kind mentioned in paragraph 1(1) of Article 93 of the Statute, the Attorney-General shall consult with the International Criminal Court to ascertain whether the assistance requested 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 information or documents being sent to the Prosecutor of the International Criminal Court on a confidential basis.

PART VI - OTHER FORMS OF ASSISTANCE

37. Setting aside registration of forfeiture order

(1)

(a) the order was registered in breach of this Act;
(b) the order is subject to review or appeal

Mutual Assistance in Criminal and Related Matters Act 2003

PART II - REQUESTS

5. Request to Mauritius

(2) The Central Authority may, in respect of a request under subsection (1) from a foreign State -

(b) refuse the request, in whole or in part, on the ground -
(i) that compliance with the request would be contrary to the Constitution ;

PART II - REQUESTS

5. Request to Mauritius

(2) The Central Authority may, in respect of a request under subsection (1) from a foreign State -

(b) refuse the request, in whole or in part, on the ground -
(iii) of reasonable belief that the request for assistance has been made for the purpose of prosecuting a person on account of that person's race, sex, religion, nationality, ethnic origin or political opinions, or that a person's position may be prejudiced for any of those reasons ;

PART II - REQUESTS

5. Request to Mauritius

(2) The Central Authority may, in respect of a request under subsection (1) from a foreign State -

(b) refuse the request, in whole or in part, on the ground -
(viii) that the request requires Mauritius to carry out measures that are inconsistent with its laws and practice, or that cannot be taken in respect of criminal matters arising in Mauritius ;

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.