PART V - CO-OPERATION AND JUDICIAL ASSISTANCE

30. Attorney-General may request assistance

The Attorney-General may make a request to the International Criminal Court for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute an international crime within the jurisdiction of the International Criminal Court

PART II - REQUESTS

4. Request from Mauritius

(1) The Central Authority may make a request on behalf of Mauritius to the competent authority of a foreign State, or to an international criminal tribunal, for mutual assistance in any proceedings commenced in Mauritius in relation to a serious offence.

(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 ;
(c) obtain and execute a search warrant, or other lawful instrument, authorising a search for things believed to be located in the foreign State, which may be relevant to the proceedings, and if found, seize them ;
(d) locate or restrain any property reasonably believed to be the proceeds of a serious offence and located in the foreign State ;
(e) confiscate any property reasonably believed to be located in the foreign State, which is the subject of a confiscation order made by a Court in Mauritius and transmit such property or, any proceeds realised therefrom, to Mauritius ;
(f) take measures for the freezing or confiscation of proceeds of a serious offence ;
(g) permit the presence of an authorised person during the execution of any request made under this section ;
(h) effect service of documents ;
(i) examine any person with his consent, any object or any site ;
(j) locate and identify persons ;
(k) facilitate the appearance of witnesses or the attendance of persons in proceedings, subject to such practical and financial arrangements as may be agreed upon ;
(l) transfer in custody to Mauritius a person detained in the foreign State, or by the international criminal tribunal, who consents to give evidence or to assist Mauritius in the proceedings ; and
(m) transmit to Mauritius any evidence, statement, report, information, whether in original or a certified copy, document, article, thing or property referred to in this subsection.

(3) A request under subsection (1) shall be in writing and shall -

(a) give the name of the requesting authority ;
(b) give the name of the authority conducting the proceedings to which the request relates ;
(c) give a description of the nature of the proceedings and a statement setting out a summary of the relevant facts and laws ;
(d) explain the purpose of the request and the nature of the assistance being sought ;
(e) give details of any procedure which is required to be followed to comply with the laws of Mauritius;
(f) where appropriate, include a statement setting out any wish as to confidentiality of the request and the reasons for that wish ;
(g) indicate any time limit within which compliance with the request is desired, stating reasons ;
(h) indicate the name and address of the person to be served, where necessary ;
(i) give any other information that may assist in giving effect to the request ;
(j) be supplemented with such other procedures, formalities, and information as may be required by the foreign State to give effect to the request ; and
(k) where necessary, be accompanied by a translation into the official language of the foreign State.