Provisional arrest

Mauritius

International Criminal Court Act 2011

PART IV – ARREST AND SURRENDER OF PERSONS

12. Provisional warrant

(1) Where the Attorney-General receives a request in relation to an urgent case from the International Criminal Court for the provisional arrest of a person who is suspected or accused of having committed an offence contemplated in the Statute, or who has been convicted by the International Criminal Court of such an offence, the Attorney-General shall apply for a warrant of arrest for that person.

(2) On an application by the Director of Public Prosecutions Attorney-General stating under oath that he has reason to believe that –
(a) the request of the International Criminal Court has been made on grounds of urgency for the arrest of a person who is suspected or accused of having committed an offence contemplated in the Statute or who has been convicted by the International Criminal Court;
(b) a warrant of arrest has been issued, or a judgment of conviction has been delivered, against the person in question;
(c) a formal request for the surrender of the person to the International Criminal Court will be made subsequently
(d) the person concerned is in, or on his way to, Mauritius; and
(e) the purpose of the arrest is –
(i) to bring the person concerned before the International Criminal Court to stand trial; or
(ii) to take him to a place where he is to undergo imprisonment under a sentence of the International Criminal Court,
as the case may be,
a Magistrate may issue a warrant for the arrest of that person and notify the Attorney- General that a warrant has been issued.

(3) The warrant shall contain –
(a) sufficient information, describing the person sought, to identify the person, and information as to that person’s probable location;
(b) a concise statement of the offence for which the person’s arrest is sought and of the facts which are alleged to constitute that offence, including, where possible, the date and location of the offence;
(c) a statement of the existence of a warrant of arrest or a judgment of conviction against the person sought; and
(d) a statement that a request for surrender of the person sought will follow

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

11. Foreign request for restraining order

(1) Where-

(a) a foreign State or an international criminal tribunal requests the Central Authority to obtain the issue of a restraining order against the proceeds of crime which are believed to be located in Mauritius ; and
(b) proceedings relating to the proceeds of crime have commenced in the foreign State, or before the international criminal tribunal, and there are reasonable grounds to believe that the proceeds of the crime are located in Mauritius, the Central Authority may apply to a Judge in Chambers for a restraining order under this section.

(2) Where, upon an application made under subsection (1), the Judge in Chambers is satisfied that the proceeds of crime are located in Mauritius, he may make a restraining order in respect of the proceeds of the crime, on such conditions as he may deem fit to impose, including any condition as to payment of debts, sale, transfer or disposal of any property.

PART III - FORMS OF MUTUAL ASSISTANCE

12. Foreign request for enforcement of foreign restraining order or confiscation

(1) Notwithstanding any other enactment, where a foreign State, or an international criminal tribunal, requests that necessary measures be taken for the enforcement of -

(a) a foreign restraining order ; or
(b) a foreign confiscation order,
the Central Authority may apply to the Supreme Court for registration of the order.

(2) The Supreme Court shall register the foreign restraining order where it is satisfied that, at the time of registration, the order is in force in the foreign State or before the international criminal tribunal.

(3) The Supreme Court shall register the foreign confiscation order where it is satisfied that -

(a) at the time of registration, the order is in force in the foreign State, or before the international criminal tribunal ; and

(b) in the case of a person who did not appear in the proceedings in the foreign State, or before the international criminal tribunal -

(i) the person was given notice of the proceedings in sufficient time to enable him to defend himself ; or
(ii) the person had absconded, or died before such notice could be given.

(4) For the purposes of subsections (2) and (3), a statement contained in the foreign request to the effect that -

(a) the foreign restraining or confiscation order is in force in the foreign State, or before the international criminal tribunal ; or
(b) the person who is the subject of the order was given notice of the proceedings in sufficient time to enable him to defend himself, or had absconded, or died before such notice could be given,
shall be prima facie evidence of the fact, without proof of the signature or official character of the person appearing to have signed the foreign request.

(5) Where a foreign restraining order or foreign confiscation order is registered in accordance with this section, a copy of any amendment made to the order in the foreign State, or before the international criminal tribunal, shall be registered in the same way as the order.

(6) Notice of the registration of any foreign confiscation order or foreign restraining order, shall be published in the Gazette and 2 daily newspapers, one of which shall be specified by the Supreme Court.

(7) Subject to subsection (9), where the foreign restraining order, or foreign confiscation order, comprises a facsimile copy of a duly authenticated foreign order, or amendment made to such an order, the facsimile shall be regarded for the purposes of this Act, as the duly authenticated foreign order.

(8) Any registration effected upon production of a facsimile shall cease to have effect up to the end of the period of 14 days commencing on the date of registration, unless a duly authenticated original of the order is registered by that time.

(9) Where a foreign restraining order, or foreign confiscation order, has been registered pursuant to this section, section 13 shall apply to such registration.

(10) A foreign restraining order shall stay in force until the determination of the proceedings in the foreign State, or by the international criminal tribunal.

PART III - FORMS OF MUTUAL ASSISTANCE

13. Effect of registration of foreign confiscation order or foreign restraining order

(1) Subject to subsections (2) and (3), where an order has been registered under section 12 and the Supreme Court is notified that it has been established to the satisfaction of a foreign court or international tribunal that the property or any part thereof constitutes the proceeds of crime of a serious offence or of an international tribunal offence, order that the property be confiscated and be vested in the State until such arrangement is made under section 19 by the Central Authority with the foreign State.

(2) The Court may make an order under subsection (1) on such conditions as it may deem fit to impose, including any condition as to payment of debts, sale, transfer or disposal of any property.

(3) Any person who claims to have an interest in property subject to an order registered under section 12 shall, within 21 days from the last publication of the registration under section 12, apply to the Court for an order under subsection (4).

(4) Where the Court is satisfied that the applicant under subsection (3) -

(a) was not in any way involved in the commission of the offence in respect of which the confiscation or restraining order was sought ; and
(b) acquired the property without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of acquisition tainted property,
the Court shall make an order declaring the nature of the interest of the applicant.

PART III - FORMS OF MUTUAL ASSISTANCE

14. Cancellation of registration of foreign restraining order or foreign confiscation order

The Supreme Court shall, on application by the Central Authority, cancel the registration of -

(a) a foreign restraining order, if it appears to him that the order has ceased to have effect ;
(b) a foreign confiscation order, if it appears to him that the order has been satisfied, or has ceased to have effect.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.