Taking of evidence

Mauritius

International Criminal Court Act 2011

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

23. Taking or production of evidence

(1) Where, in order to comply with a request, it is necessary for the evidence received by a Magistrate under Part IV to be verified in any manner, the Magistrate shall specify the nature of the verification required

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

23. Taking or production of evidence

(1) Where, in order to comply with a request, it is necessary for the evidence received by a Magistrate under Part IV to be verified in any manner, the Magistrate shall specify the nature of the verification required .

(2) A Magistrate may, where he thinks necessary in order to protect –
(a) victims, witnesses, or a person alleged to have committed an international crime; or
(b) confidential or sensitive information, direct that the public be excluded from the Court .

(3) The Magistrate shall ensure that a register is kept of the proceedings that indicates –
(a) which persons with an interest in the matter were present;
(b) which of those persons were represented and by whom; and
(c) whether any of those persons was denied the opportunity of cross- examining a witness as to any part of his testimony.

(4) The register shall not be open to inspection except as authorised by the Attorney-General or with the leave of the Magistrate.

(5) A copy of the register of proceedings shall be sent to the Attorney-General for transmission to the International Criminal Court.

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:

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