Section 15: Proceedings after arrest

15. Proceedings after arrest (1) Any person who detains a person under a warrant of arrest or a warrant for his further detention shall, without undue delay, bring that person before a Magistrate of the District Court of Port Louis, whereupon that Magistrate shall hold an enquiry relating to the request for the surrender of that person to the International Criminal Court, in order to establish whether— (a) the warrant applies to the person in question; [Issue 4] I15B – 8 Revised Laws of Mauritius (b) the person has been arrested in accordance with the procedures laid down by the law of Mauritius; and (c) the rights of the person have been respected. (2) The Magistrate may, at any time during the enquiry, postpone that enquiry to enable the relevant authorities of Mauritius to have any appropriate consultation on any problem experienced with the execution of any request of the International Criminal Court for co-operation or judicial assistance. (3) (a) Where, during the enquiry, a challenge is made to the effect that— (i) the International Criminal Court does not have jurisdiction to deal with the case; (ii) the case is being investigated or prosecuted by the competent authorities in Mauritius or any other country; (iii) the case has been investigated by the competent authorities in Mauritius or any other country and a decision has been made not to institute criminal proceedings against the person concerned; (iv) the person concerned has already been tried for the conduct which led to the institution of the enquiry; (v) the case is not of sufficient gravity to justify further action by the International Criminal Court; or (vi) the person is subject to an agreement under Article 98 of the Statute, the Magistrate shall record that challenge and may postpone the proceedings pending the decision of the International Criminal Court regarding the challenge. (b) Where the International Criminal Court rejects the challenge, the Magistrate shall proceed with the enquiry. (c) In case of competing requests between the International Criminal Court and another State, the matter shall be settled in accordance with Article 90 of the Statute. (4) Any deposition or statement made under oath, whether or not it was made in the presence of the detained person referred to in subsection (1), any document, record or judgment of conviction or any warrant issued by the International Criminal Court, or any copy or sworn translation, may be received in evidence at any such enquiry, save that a true copy or translation may only be received in evidence if the document is certified as a true copy or translation by a Judge of the International Criminal Court or by a member of the staff of the International Criminal Court authorised by the Judge. (5) Where, after considering the evidence adduced at the enquiry referred to in subsection (1), the Magistrate is satisfied that the requirements of subsection (1) (a) to (c) have been complied with and that the person concerned may be surrendered to the International Criminal Court— (a) for prosecution in the International Criminal Court for the alleged crime or offence; I15B – 9 [Issue 4] International Criminal Court Act (b) for the imposition of a sentence by the International Criminal Court for the crime or offence in respect of which the person has been convicted; or (c) to serve a sentence already imposed by the International Criminal Court, the Magistrate shall issue an order committing that person to prison pending hi surrendered to the International Criminal Court— (a) for prosecution in the International Criminal Court for the alleged crime or offence; I15B – 9 [Issue 4] International Criminal Court Act (b) for the imposition of a sentence by the International Criminal Court for the crime or offence in respect of which the person has been convicted; or (c) to serve a sentence already imposed by the International Criminal Court, the Magistrate shall issue an order committing that person to prison pending his surrender to the International Criminal Court unless a request for interim release has been granted pursuant to section 16. (6) The Magistrate issuing the order of committal referred to in subsection (5) or postponing the enquiry referred to in subsection (1), shall immediately forward to the Attorney-General a copy of the order or request for a decision of the International Criminal Court, together with any other necessary report. (7) The enquiry referred to in this section may be dispensed with if the person concerned agrees in writing to his surrender to the International Criminal Court. (8) No order for the surrender of any person may be executed— (a) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or (b) before such an appeal has been disposed of. (9) (a) Any person against whom an order has been issued under subsection (5) may, within 21 days of the date of the order, appeal against such order to the Supreme Court. (b) On appeal, the Supreme Court may make such order in the matter as it may deem fit. (c) No order for the surrender of any person may be executed— (i) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or (ii) before such an appeal has been disposed of.