Assistance of States in the attendance and testimony of witnesses and production of documents


Mauritius - ICC Act 2011 EN


24. Examination of witnesses

(1) The Magistrate to whom a request has been forwarded in terms of section 22(4) shall cause the person whose evidence is required, to be summoned to appear before him to give evidence or to produce any book, document, or object.

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

(3) On completion of the examination of the witness, the Magistrate taking the evidence shall, as soon as possible, transmit to the Attorney-General the record of the evidence certified by him to be correct, together with a certificate setting out the costs incurred in connection with the execution of the International Criminal Court’s request, including any extraordinary costs which have emanated from the execution of that request


28. Securing attendance of witnesses

(1) Every summons issued by a Judge or the Prosecutor of the International Criminal Court for the attendance of a person in any proceedings before the International Criminal Court shall be transmitted to the Attorney-General.
(2) On receipt of a summons, the Attorney-General shall immediately transmit it to the Magistrate within whose area of jurisdiction the person resides or is present.
(3) The Magistrate shall, if satisfied that the summons was issued by the International Criminal Court, endorse it for service upon such person, and the endorsed summons may be served as if it were a summons issued by the Magistrate.
(4) A return of service indicating that the summons was properly served on the person concerned, together with a certificate by the Magistrate to the effect that such person failed to appear at the time and place specified in the summons, shall be prima facie proof that the said person failed to appear before the International Criminal Court.

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;