Section 5: Request to Mauritius

5. Request to Mauritius (1) A foreign State may, in relation to a serious offence, and an international criminal tribunal may, in relation to an international criminal tribunal M69 – 5 [Issue 1] Mutual Assistance in Criminal and Related Matters Act offence, make a request for assistance to the Central Authority in any proceedings commenced in the foreign State or before the international criminal tribunal, as the case may be. (2) The Central Authority may, in respect of a request under subsection (1) from a foreign State— (a) promptly grant the request, in whole or in part, on such terms and conditions as it thinks fit or refer the matter to the appropriate authority for prompt execution of the request, in which case the Central Authority may represent the foreign State in proceedings entered to give effect to the request; (b) refuse the request, in whole or in part, on the ground— (i) that compliance with the request would be contrary to the Constitution; (ii) of prejudice to the sovereignty, international relations, security, public order, or other public interest of Mauritius; (iii) of reasonable belief that the request for assistance has been made for the purpose of prosecuting a person on account of that person’s race, sex, religion, nationality, ethnic origin or political opinions, or that a person’s position may be prejudiced for any of those reasons; (iv) of absence of dual criminality, where granting the request would require a Court in Mauritius to make an order in respect of any person or property in respect of conduct which does not constitute an offence, nor gives rise to a confiscation or restraining order, in Mauritius; (v) that the request relates to an offence under military law, or a law relating to military obligations, which would not be an offence under ordinary criminal law; (vi) that the request relates to a political offence or an offence of a political character; (vii) that the request relates to an offence, the prosecution of which, in the foreign State, would be incompatible with laws of Mauritius on double jeopardy; (viii) that the request requires Mauritius to carry out measures that are inconsistent with its laws and practice, or that cannot be taken in respect of criminal matters arising in Mauritius; or (c) after consulting with the competent authority of the foreign State, postpone granting the request in whole or in part, on the ground that granting the request immediately would be likely to prejudice the conduct of proceedings in Mauritius. (3) The Central Authority may, in respect of a request under subsection (1) from an international criminal tribunal, grant the request, in whole or in part, on such terms and conditions as it thinks fit. [Issue 1] M69 – 6 Revised Laws of Mauritius (4) A request under subsection (1)— (a) may relate to any matter referred to in section 4 (2); and (b) shall contain such appropriate particulars as are referred to in section 4 (3). (5) A request shall not be invalidated for the purpose of this Act or any legal proceedings by virtue of any failure to comply with section 4 (3), where the Central Authority is satisfied that there is sufficient compliance to enable him to execute the request. (6) Where the Central Authority refuses a request, either in whole or in part, he shall so inform the foreign State or the international criminal tribunal. (7) For the purpose of a request referred to in subsection (4), any reference in section 4 (2) or (3) to a foreign State or to Maur rpose of this Act or any legal proceedings by virtue of any failure to comply with section 4 (3), where the Central Authority is satisfied that there is sufficient compliance to enable him to execute the request. (6) Where the Central Authority refuses a request, either in whole or in part, he shall so inform the foreign State or the international criminal tribunal. (7) For the purpose of a request referred to in subsection (4), any reference in section 4 (2) or (3) to a foreign State or to Mauritius shall be construed as a reference to Mauritius or the foreign State, as the case may be. PART III – FORMS OF MUTUAL ASSISTANCE