PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

22. Request for assistance in obtaining evidence

(1) A request by the International Criminal Court for assistance in obtaining evidence in Mauritius for use in the International Criminal Court shall be submitted in writing to the Attorney-General.
(2) On receipt of such request, the Attorney-General shall satisfy himself that –
(a) proceedings have been instituted in the International Criminal Court; or
(b) there are reasonable grounds for believing that an international crime within the jurisdiction of the International Criminal Court has been committed; or
(c) an investigation in respect of the alleged crime is being conducted by the Prosecutor of the International Criminal Court .
(3) For the purposes of subsection (2), the Attorney-General may rely on a certificate issued by a Judge of the International Criminal Court or the Prosecutor of the International Criminal Court, confirming one or more of the requirements referred to in subsection (2)

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 III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(2) Subject to section 5(5), a request by a foreign State, or an international criminal tribunal, for an evidence-gathering order shall -


(a) comply with the requirements in section 4(3) ;

(b) specify -
(i) the name and address or the official designation of the person to be examined ;
(ii) the question to be put to the person or the subject matter about which he is to be examined ;
(iii) whether it is desired that the person be examined orally or in writing ;
(iv) whether it is desired that an oath be administered to the person ;
(v) any provision of the law of the foreign State as to privilege or exemption from giving evidence which appears especially relevant to the request ; and
(vi) any special requirements of the law of the foreign State as to the manner of taking evidence relevant to its admissibility in that State ;
(vii) the document, record or property to be inspected, preserved, photographed, copied or transmitted ;
(viii) the property of which samples are to be taken, examined or transmitted ; and
(ix) the site to be viewed or photographed.

PART III - FORMS OF MUTUAL ASSISTANCE

6. Procedure for an evidence-gathering order or a search warrant

(4) (a) Subject to subsection (9), the Judge in Chambers shall grant an application for an evidence-gathering order where he is satisfied that there are reasonable grounds to believe that -

(i) a serious offence has been or may have been committed against the law of the foreign State or an international criminal tribunal offence has been or may have been committed ; and
(ii) evidence relating to an offence referred to in subparagraph (i) may be -

(A) found in Mauritius ; or
(B) given or produced by a person believed to be in Mauritius.

(b) The Judge in Chambers shall not grant an application for a search warrant where it would, in all the circumstances, be more appropriate to grant an evidence-gathering order.

PART III - FORMS OF MUTUAL ASSISTANCE

7. Foreign request for a virtual evidence-gathering order

(2) Where there exist in Mauritius facilities for the taking of evidence by technology permitting the virtual presence of a person in the foreign State, the Judge in Chambers shall grant the application where he is satisfied that there are reasonable grounds to believe that -

(a) a serious offence has been or may have been committed against the law of the foreign State or, as the case may be, an international criminal tribunal offence has been or may have been committed ; and
(b) evidence relating to an offence referred to in paragraph (a) may be given by a person believed to be in Mauritius.