Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings

Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

PART III - FORMS OF MUTUAL ASSISTANCE

10. Foreign request for consensual transfer of detained persons from Mauritius

(1) Where the Central Authority approves a request under section 5 to have a person, who is detained in custody in Mauritius by virtue of a sentence or order of a court, transferred to a foreign State or to an international criminal tribunal to give evidence, or otherwise assist in any proceedings, he may apply to a Judge in Chambers for a transfer order.

(2) The Judge in Chambers may make a transfer order under this section where he is satisfied, after having considered any document filed or information given in support of the application, that the detained person consents to the transfer.

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:

(f) The temporary transfer of persons as provided in paragraph 7;

7.

(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.