Section 21: Areas of co-operation and judicial assistance

21. Areas of co-operation and judicial assistance (1) The State shall, subject to any other enactment and the Statute, co-operate with, and render assistance to, the International Criminal Court in relation to investigations and prosecutions in the following areas— (a) the identification and whereabouts of persons or the location of items; (b) the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the International Criminal Court; (c) the questioning of any person being investigated or prosecuted; (d) the service of documents, including judicial documents; (e) facilitating the voluntary appearance of persons as witnesses or experts before the International Criminal Court; (f) the temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance; (g) the examination of places or sites, including the exhumation and examination of grave sites; (h) the execution of searches and seizures; (i) the provision of records and documents, including official records and documents; (j) the protection of victims and witnesses and the preservation of evidence; [Issue 4] I15B – 12 Revised Laws of Mauritius (k) the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of international crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and (l) any other type of assistance which is not prohibited by law, with the view to facilitating the investigation and prosecution of crimes within the jurisdiction of the International Criminal Court. (2) The Attorney-General shall inform the International Criminal Court of any proceedings undertaken in Mauritius pursuant to Part II. (3) Notwithstanding any other enactment, assistance may be rendered under this Part in respect of an offence which was committed prior to the commencement of this Act.