PART V - CO-OPERATION AND JUDICIAL ASSISTANCE
26. Admissibility of documents
Any deposition, affidavit, record of any conviction or any document confirming any order of the International Criminal Court or any copy or sworn translation, may be received in evidence at any proceedings under this Act where it is –
(a) authenticated in the manner in which a foreign document has to be authenticated to enable it to be produced in any Court in Mauritius;
(b) signed by a Judge of the International Criminal Court or any person authorised by him; or
(c) authenticated in the manner provided for in any agreement with the International Criminal Court.
PART IV - MISCELLANEOUS
18. Certificates relating to foreign documents
(1) The Central Authority may certify that a foreign document was obtained as a result of a request made to a foreign State or international criminal tribunal pursuant to section 4.
(2) It shall be presumed, unless evidence sufficient to raise reasonable doubt is adduced to the contrary, that the foreign document specified in the certificate was obtained as a result of that request.
(3) A foreign document referred to in this section shall be admissible in evidence in a Court in Mauritius.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.