Detention pending surrender

Mauritius

Mauritius - ICC Act 2011 EN

PART I – PRELIMINARY

2. Interpretation

In this Act –

“prisoner” means a person who is in custody within or outside a prison

(b) pending his trial or sentence for an offence

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(5) Where, after considering the evidence adduced at the enquiry referred to in subsection (1), the Magistrate is satisfied that the requirements of subsection (1) (a) to (c) have been complied with and that the person concerned may be surrendered to the International Criminal Court –
(a) for prosecution in the International Criminal Court for the alleged crime or offence;
(b) for the imposition of a sentence by the International Criminal Court for the crime or offence in respect of which the person has been convicted; or
(c) to serve a sentence already imposed by the International Criminal Court,
the Magistrate shall issue an order committing that person to prison pending his surrender to the International Criminal Court unless a request for interim release has been granted pursuant to section 16.

(6) The Magistrate issuing the order of committal referred to in subsection (5) or postponing the enquiry referred to in subsection (1), shall immediately forward to the Attorney-General a copy of the order or request for a decision of the International Criminal Court, together with any other necessary report

Rome Statute

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;