PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

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 .

(4) Where the services of an interpreter were used at the examination of the witness, the interpreter shall certify that he has translated truthfully and to the best of his ability and that certificate shall accompany the documents referred to in subsection (3).

(5) The Attorney-General shall, on receipt of the documents referred to in subsections (3) and (4), submit them to the Registrar of the International Criminal Court, indicating which costs emanating from the execution of the request, in his opinion, should be borne by the International Criminal Court in terms of Article 100 of the Statute

PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

29. Transfer of prisoner to give evidence or to assist in investigation

(1) Where the Attorney-General receives a request from the International Criminal Court or from its Prosecutor for the transfer of a prisoner in Mauritius into the custody of the International Criminal Court, for the purpose of giving evidence or assisting in an investigation, the Attorney-General shall transmit the request to the Commissioner of Prisons.
(2) Where the prisoner consents to the transfer, the Commissioner of Prisons may issue a warrant for the transfer of the prisoner into the custody of the International Criminal Court, in accordance with the arrangements made with the Registrar or the Prosecutor of the International Criminal Court.
(3) Any period of imprisonment served in the custody of the International Criminal Court by a prisoner transferred under this section shall be regarded as a period of imprisonment served in Mauritius for the purposes of calculating the remaining term of imprisonment of that person.
(4) The Commissioner of Prisons shall, where it appears that the term of imprisonment of the transferred prisoner will expire while that prisoner is still in the custody of the International Criminal Court, inform the Registrar of the Court in writing of the date on which that term of imprisonment will expire.