Provision of records and documents - authority - ICC proceedings

Mauritius

Mutual Assistance in Criminal and Related Matters Act 2003

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.

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:

(i) The provision of records and documents, including official records and documents;