Taking of evidence - national proceedings


International Criminal Court Act 2011


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 .

(2) A Magistrate may, where he thinks necessary in order to protect –
(a) victims, witnesses, or a person alleged to have committed an international crime; or
(b) confidential or sensitive information, direct that the public be excluded from the Court .

(3) The Magistrate shall ensure that a register is kept of the proceedings that indicates –
(a) which persons with an interest in the matter were present;
(b) which of those persons were represented and by whom; and
(c) whether any of those persons was denied the opportunity of cross- examining a witness as to any part of his testimony.

(4) The register shall not be open to inspection except as authorised by the Attorney-General or with the leave of the Magistrate.

(5) A copy of the register of proceedings shall be sent to the Attorney-General for transmission to the International Criminal Court.


24. Examination of witnesses

(2) On the appearance of that person, the Magistrate shall administer an oath to him and take the evidence of that person.

Mutual Assistance in Criminal and Related Matters Act 2003


4. Request from Mauritius

(2) A request under subsection (1) may require the foreign State or, as the case may be, the international criminal tribunal, to provide such assistance as may be specified in the request and, in particular to -

(a) have evidence taken, a statement or information taken, or documents or other articles produced ;

(b) have evidence taken by means of technology that permits the virtual presence of the person in Mauritius ;


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

(6) An evidence-gathering order-

(a) shall provide for the manner in which the evidence is to be obtained in order to give effect to the request and may require any person named therein to-

(i) make a record from data or make a copy of a record ;
(ii) attend before the Master and Registrar to give evidence ; and
(iii) produce to the Judge in Chambers, or to any other person designated by him, any article, including any document, or copy thereof; or

(b) may include such terms and conditions as the Judge in Chambers considers desirable, including those relating to -

(i) the interests of the person named therein or of third parties ; or
(ii) the questioning of the person named therein by any representative of the foreign state or international tribunal, as the case may be.

(7) Subject to subsections (8) and (9), a person named in an evidence-gathering order may refuse to answer a question, or to produce a document or article, where the refusal is based on -

(a) an enactment which permits the person to decline to give evidence in similar circumstances in proceedings originating in Mauritius or a privilege recognised by the law in Mauritius ;
(b) a privilege recognised by a law in force in the foreign State that made the request ; or
(c) a law currently in force in the foreign State that would render the answering of that question, or the production of that document or article by that person, in his own jurisdiction, an offence.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;