Transportation and transit through State territory for surrender

Mauritius

International Criminal Court Act 2011

PART VI - ARREST AND SURRENDER OF PERSONS

18. Removal of person surrendered

(1) Any person in respect of whom an order to be surrendered has been made under section 15(5), or who agrees to his surrender, may be removed from Mauritius in the custody of a person authorized by the International Criminal Court to receive him and if the person escapes while being so removed, he may be arrested without a warrant by any person.

(2) Any person who –
(a) while being so removed, escapes or attempts to escape from custody; or
(b) rescues or attempts to rescue from custody any person being so removed,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 5 years .

PART IV - ARREST AND SURRENDER OF PERSONS

19. Entry into and passage through Mauritius

Any person entering and passing through Mauritius in custody by virtue of a warrant or order issued by the International Criminal Court shall, during his passage through Mauritius, be deemed to be in lawful custody and may be held in any police cell, prison or such other detention facility as may be designated by the Attorney-General.

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

8. Request for transfer of detained persons to Mauritius

(2) A person in respect of whom a notice is issued under subsection (1) shall, so long as the notice is in force-

(a) be permitted to enter and remain in Mauritius for the purposes of the request, and be required to leave Mauritius when no longer required for those purposes ; and
(b) while in custody in Mauritius for the purposes of the request, be deemed to be in lawful custody for the purposes of section 170 of the Criminal Code.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.