Equipo Nizkor - Trinidad and Tobago: International War Crimes Tribunals Act.

CHAPTER 11:23

ARRANGEMENT OF SECTIONS

section

PART I
PRELIMINARY

1. Short title. Act inconsistent with the Constitution.
2. Commencement.
3. Interpretation.

PART II
REQUEST BY A TRIBUNAL FOR ASSISTANCE

4. Tribunal may request assistance.
5. Form of request.

PART III
SURRENDER OF PERSONS TO A TRIBUNAL

6. Provisional warrant of arrest.
7. Authority to proceed.
8. Issue of warrants.
9. Cancellation of warrants.
10. Notification of Tribunal.
10A. Consent order for return.
11. Proceedings after arrest.
12. Review by High Court.
13. Appeal to the Court of Appeal.
14. Bail.
15. Surrender warrants.
16. Discharge in case of delay in surrendering.
17. Effect of surrender on term of imprisonment.
18. Expiry of sentence while under Tribunal detention.

PART IV
OTHER FORMS OF ASSISTANCE TO A TRIBUNAL

19. Taking of evidence in Trinidad and Tobago.
20. Magistrate to take evidence upon oath.
21. Documents to be forwarded to the Attorney General.
22. Evidence to be forwarded to Tribunal.
23. Person who is subject of proceeding need not be present.
24. Certificate of evidence.
25. Tribunal immunity certificate.
26. Search warrant.
27. Giving evidence in foreign countries.
28. Imprisoned witness.
29. Service of process.

PART V
FORFEITURE OF PROCEEDS OF TRIBUNAL OFFENCES

30. Enforcement of forfeiture orders.
31. Registration of order.

PART VI
MISCELLANEOUS

32. Co-operation with Tribunal.
33. Amendment of Schedules 1 and 2.
34. Regulation.

SCHEDULE 1.
SCHEDULE 2.
SCHEDULE 3.

CHAPTER 11:23
INTERNATIONAL WAR CRIMES TRIBUNALS ACT

24 of 1998.

An Act to provide for the assistance of the International War Crimes Tribunals in the performance of their functions and for matters related thereto.

|*| [ASSENTED TO 26TH OCTOBER 1998]

PART I
PRELIMINARY

Short title.

1. (1) This Act may be cited as the International War Crimes Tribunals Act.

Act inconsistent with the Constitution.

(2) This Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution.

Commencement. [52/1999].

2. This Act came into operation on the 2nd day of April 1999.

Interpretation.

3. In this Act–

"arrest warrant" means a warrant issued by a Tribunal for the arrest of a person;

"forfeiture order" means–

(a) an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for forfeiture of property in respect of a Tribunal offence; or

(b) a declaration made by a Tribunal, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, evidencing forfeiture of property under that Statute or those rules;

"Former Yugoslavia Tribunal"–

(a) means the International Tribunal for the prosecution of persons responsible for serious violations of International Humanitarian Law committed in the territory of the Former Yugoslavia since 1 991 , established by Resolution 827 (1993) of the Security Council of the United Nations; and

(b) includes any of the organs referred to in Article 11 of the Statute of the Tribunal;

"property" means real or personal property of every description s ituated in Trinidad and Tobago, whether tangible or intangible, and includes an interest in any such real or personal property;

"Rwanda Tribunal"–

(a) means the International Criminal Tribunal for the prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violation Committed in the Territory of Neighbouring States, between 1st January, 1994 and 31st December, 1994, established by Resolution 955 (1994) of the Security Council of the United Nations; and

(b) includes any of the organs referred to in Article 10 of the Statute of the Tribunal;

"search warrant" means a warrant issued under section 26;

"Statute of the Tribunal" means–

(a) in the case of the Former Yugoslavia Tribunal, the Statute of the Tribunal (a copy of the English text of which is set out in Schedule 1) adopted by Resolution 827 (1993) of the Security Council of the United Nations and any amendments thereto; and

(b) in the case of the Rwanda Tribunal–the Statute of the Tribunal (a copy of the English text of which is set out in Schedule 2) adopted by Resolution 955 (1994) of the Security Council of the United Nations and any amendments thereto;

"surrender warrant" means a warrant issued under section 15;

"Tribunal" means–

(a) the Former Yugoslavia Tribunal; or

(b) the Rwanda Tribunal;

"Tribunal offence" means –

(a) an offence for which the Former Yugoslavia Tribunal has the power to prosecute persons under Article 2, 3, 4 or 5 of the Statute of the Tribunal; or

(b) an offence for which the Rwanda Tribunal has the power to prosecute persons under Article 2, 3 or 4 of the Statute of the Tribunal.

PART II
REQUEST BY A TRIBUNAL FOR ASSISTANCE

Tribunal may request assistance

4. (1) A request by a Tribunal, for assistance that it needs to perform its functions in respect of an investigation or prosecution it is conducting or proposes to conduct, shall be made to the Attorney General.

(2) Without limiting the generality of subsection (1), a request may be for assistance of one or more of the following types:

(a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant;

(b) executing a request for search and seizure;

(d) providing a document or other record;

(e) locating and identifying a witness or suspect;

(f) arranging for a person to give evidence or assist an investigation;

(g) causing the forfeiture of property or the proceeds of crime;

(h) serving documents;

(i) arranging for the Tribunal to sit in Trinidad and Tobago.

Form of request.

5. (1) A request shall be in writing and shall indicate–

(a) who may be, is to be, or has been, charged with a Tribunal offence as a result of the investigation or prosecution in respect of which the request is made;

(b) the nature of the charge; and

(2) A request may also indicate–

(a) the nature of the investigation or prosecution in respect of which the request is made;

(b) the International Convention or other legal basis on which the Tribunal relies for conducting the investigation or prosecution;

(d) the procedure, if any, that the Tribunal wants the Attorney General to follow in complying with the request, including the form in which material is to be given to the Tribunal;

(e) the period within which the Tribunal wants the request complied with;

(f) any confidentiality requirements that the Tribunal wants observed;

(g) whether a person to be arrested is, or is believed to be, in or on his way to Trinidad and Tobago;

(h) any other matters that might assist in complying with the request.

PART III
SURRENDER OF PERSONS TO A TRIBUNAL

Provisional warrant of arrest.

6. (1) Where–

(a) the Attorney General receives a request from the Tribunal for the arrest of a person who is reasonably accused of having committed a Tribunal offence or who has been convicted by the Tribunal; and

(b) the request is not accompanied by a warrant but is made on grounds of urgency,

the Attorney General shall transmit the request to a police officer together with any supporting evidence that may have been submitted by the Tribunal, and the police officer shall apply for a provisional warrant of arrest for the arrest of that person.

(2) A provisional warrant of arrest in the form set out in Form 1 may be issued by a Magistrate on the application of a police officer, on oath, that–

(a) a request has been made on grounds of urgency by a Tribunal for the arrest of a person who is accused of having committed a Tribunal offence or who has been convicted by a Tribunal;

(b) the person concerned is or is believed to be in or on his way to Trinidad and Tobago; and

(c) the purpose of the arrest is to enable the person concerned to be brought before the Tribunal, or to be taken to a place where he is to be imprisoned under a sentence of the Tribunal,

and on consideration of any other evidence as in the opinion of the Magistrate, justifies the issue of the warrant.

(3) A person arrested under a provisional warrant shall be brought before a Magistrate as soon as practicable and the Magistrate may, pending the production of an arrest warrant issued by the Tribunal, remand him for not more than ten days at a time, provided that the total period of remand shall not exceed twenty-eight days.

(4) Where an arrest warrant issued by the Tribunal is not produced to the Magistrate within the period of remand, the person shall be discharged by the Magistrate.

Authority to proceed.

7. (1) Where–

(a) the Attorney General receives from a Tribunal a request for the surrender of a person;

(b) the request is in accordance with section 5(1); and

(c) the request is accompanied by an arrest warrant issued by the Tribunal in relation to the person, or by a copy of that warrant authenticated by the Tribunal,

the Attorney General may, in the form set out in Form 2 in Schedule 3, issue an authority to proceed signifying to a Magistrate that a request has been made and requiring him to proceed with the case in accordance with the provisions of this Act.

(2) A copy of the arrest warrant issued by the Tribunal shall be attached to an authority to proceed.

(3) Upon issuing an authority to proceed, the Attorney General shall forthwith notify the Prosecutor of the Tribunal.

Issue of warrants.

8. (1) Upon receiving an authority to proceed, the Magistrate shall issue, in the form set out in Form 3 in Schedule 3, a warrant for the arrest of the person in relation to whom the arrest warrant was issued by the Tribunal.

(2) This section also applies to a person who has been remanded in custody on a provisional warrant, save that the provisional warrant shall be discharged from the time of the issue of the warrant for his arrest.

(3) The Magistrate shall issue a warrant under this section where he is satisfied that the evidence before him justifies the issue of the warrant.

Cancellation of warrants

9. The Attorney General may apply to the Magistrate, in writing, to cancel a warrant issued under section 8 if the person has not been arrested under the warrant and the Tribunal advises the Attorney General, or the Attorney General has reason to believe, that it is no longer necessary for the warrant to remain in force.

Notification of Tribunal

10. The Attorney General shall, where a warrant has been executed, forthwith notify the Registrar of the Tribunal of the execution of a warrant issued under section 8 or of any reason why the execution of the warrant is not possible.

Consent order for return.

10A. (1) Where the return of any person is requested under this Part and such person is arrested in pursuance of a warrant issued under section 8, he may request the Attorney General to order his return without any proceedings before a Magistrate under section 11.

(2) Where the Attorney General consents to the request made by a person referred to under subsection (1), and is satisfied that the person understands the consequences of the request, the Attorney General shall, without the proceedings referred to under section 11, and in the form set in Form 4 in Schedule 3, order such person to be committed to custody, to be kept for the purposes of his surrender to the Tribunal unless submitted to bail.

(3) At anytime after the Attorney General commits the person into custody he shall, with the consent of such person, by warrant in the form set in Form 5 in Schedule 3, order him to be surrendered to the Tribunal.

(4) Where a person whose surrender has been ordered under subsection (2), withdraws his consent to the order before his departure from Trinidad and Tobago, he shall be brought as soon as practicable before a Magistrate for the purposes of proceedings under section 11, and thereupon shall be dealt with as if the Attorney General had not made the order.

(5) The provisions of sections 15(2), (3), (4), (5) and 16(3), apply to the return of any person under this section unless the contrary is expressly requested by that person.

Proceedings after arrest.

11. (1) As soon as practicable after a person is arrested under a warrant issued under section 8, he shall be brought before a Magistrate, and the Magistrate shall, subject to subsections (2) to (8), make the appropriate order and remand him in custody until the arrest warrant is executed.

(2) Where the purpose of the arrest is to enable the person to be brought before the Tribunal, the appropriate order is that the person be committed to custody to await the warrant of the Attorney General for his surrender to the Tribunal.

(3) Where the purpose of the arrest is to enable the person to be taken to a place where he is to undergo imprisonment under a sentence of the Tribunal, the appropriate order is that the person be committed to custody to await the warrant of the Attorney General for his surrender to the country where that place is situated.

(4) Where a Magistrate is satisfied that other criminal proceedings, not being proceedings under the Extradition (Commonwealth and Foreign Territories) Act, have been instituted in respect of the arrested person in a Court in Trinidad and Tobago and that those proceedings–

(a) have not been finally determined so far as they relate to conduct which would not constitute a Tribunal offence; or

(b) have not been discontinued, whether in pursuance of this Act or otherwise, so far as they relate to conduct which would constitute a Tribunal offence,

the proceedings under this section shall be adjourned and the Magistrate may remand the arrested person until the other criminal proceedings have been finally determined or discontinued, as the case may be.

(5) A Magistrate shall make an order under subsection (2) or (3) if he is satisfied, after hearing any evidence tendered in support of the request for the surrender of the person or on behalf of that person–

(a) that the document purporting to be an arrest warrant issued by the Tribunal is such a warrant;

(b) that the person brought before the Magistrate is the person named or described in the arrest warrant; or

(c) that a prima facie case has been made out against that person in respect of the Tribunal offence for which he is charged or convicted by the Tribunal.

(6) For the purpose of proceedings under this section a Magistrate shall have like jurisdiction and powers as nearly as may be, including power to adjourn the case and meanwhile remand the person under the warrant either in custody or on bail as when the Magistrate is acting at a preliminary enquiry.

(7) Where the Magistrate makes an order under this section, he shall, on committing the person to await the warrant of the Attorney General for his surrender to the Tribunal, inform that person in ordinary language of his right to make application to the High Court for judicial review and shall forthwith give notice of the committal to the Attorney General.

(8) Where a Magistrate refuses to make an order under subsection (2) or (3), he shall make an order for the discharge from custody of the arrested person.

Review by High Court.

12. (1) Where a person whose surrender is requested by aTribunal is ordered by the Magistrate to be discharged from custody under section 11(6), the Attorney General may, within four days of the making of the order by the Magistrate, apply to the High Court for review of the order of discharge on any question of law; and on such application the High Court may so review the order.

(2) Where the Attorney General desires to make an application under subsection (1), the Attorney General shall, at the time of the making of the order of discharge, give to the Magistrate notice of his intention to apply to the High Court for review of the order, and such notice shall operate as a stay of the order of discharge–

(a) until the expiration of the period of four days, beginning with the day on which the order of discharge was made; or

(b) if an application for review of the order of discharge is made, until the determination of any application to the High Court for bail.

(3) Upon an application for the review of an order of discharge, the Registrar of the Supreme Court shall immediately apply to the Magistrate for a statement of the evidence tendered before the Magistrate on which the Magistrate came to his decision and of his reasons for his decision and his finding on any question of law under review and the Magistrate shall with all convenient dispatch transmit the same to the Registrar.

Appeal to the Court of Appeal.

13. (1) Where an order of discharge is reviewed by the High Court under section 12, the Attorney General or the person in respect of whom the order of discharge was made may, if dissatisfied with the decision of the High Court on review, within four days of the pronouncement of the decision, appeal to the Court of Appeal on any question of law and on such appeal, the Court of Appeal may confirm or reverse the decision of the High Court and there shall be no appeal from the decision of the Court of Appeal.

(2) Upon an appeal to the Court of Appeal being filed in the Supreme Court, the High Court shall with all convenient dispatch transmit to the Court of Appeal–

(a) all documents transmitted by the Magistrate in accordance with section 12(3); and

(b) a statement of the reasons for the decision of the High Court and the finding of the High Court on any question of law under appeal.

Bail.

14. (1) Where the Attorney General files an application for review of an order of discharge, the High Court shall immediately consider any application for bail made by the person in respect of whom the order of discharge was made, pending the determination by the High Court of the application for review and the recognisance of bail shall be taken before the High Court in accordance with subsections (2) and (3).

(2) A person to whom bail is granted under subsection (1) shall immediately enter into a recognisance with one surety in such sum as the High Court thinks sufficient on condition that such person appears before the High Court and does not depart therefrom without leave and abides by the order of the High Court.

(3) A recognisance under subsection (2) shall be in the form set out in Form 4 in Schedule 3, but the High Court may consent to a deposit of money into Court from or on account of any person in lieu of such surety and in such case, upon the deposit of the sum required by the High Court, such person shall enter into a recognisance in the form set out in Form 5 in Schedule 3.

(4) Where the Attorney General or a person in respect of whom an order of discharge has been made gives notice of his intention to appeal to the Court of Appeal, the High Court shall immediately grant to the person in respect of whom the order of discharge was made, bail pending the determination of the appeal and the recognisance of bail shall be taken before the High Court in accordance with subsections (5) and (6).

(5) Upon an appeal to the Court of Appeal being filed in the Supreme Court, the person to whom bail has been granted under subsection (4) shall immediately enter into a recognisance with one surety in such sum as the High Court thinks sufficient on condition that such person appears before the Court of Appeal and does not depart therefrom without leave and abides by the order of the Court of Appeal.

(6) A recognisance under subsection (5) shall be in the form set out in Form 6 in Schedule 3, but the High Court may Form 6. consent to a deposit of money into Court from or on account of

any person in lieu of such surety and in such case, upon the deposit of the sum required by the High Court, such person shall enter into a recognisance in the form set out in Form 7 in Schedule 3.

Surrender warrants.

15. (1) Where a person is committed to await his surrender Surrender to a Tribunal or country and is not discharged by order of the High Court or of the Court of Appeal, the Attorney General may, by warrant in the form set out in Form 8 in Schedule 3, order the surrender of the person to the Tribunal or country.

(2) The Attorney General shall not issue a surrender warrant in the case of a person if–

(a) the person is serving a sentence of imprisonment in respect of an offence against the law of Trinidad and Tobago, or is otherwise subject to detention under the law of Trinidad and Tobago; and

(b) the Tribunal has been required to give adequate undertakings to the Attorney General relating to–

(i) the person's return to Trinidad and Tobago to serve the remainder of the sentence or other detention once the person is no longer required to be detained by, or on the order of, the Tribunal; and

(ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes; and

(3) For the purposes of subsection (2), the person is not taken to be serving a sentence of imprisonment, or to be otherwise subject to detention, if he has been released on probation, or has been otherwise conditionally released, for the remainder of the sentence or period of detention.

(4) The Attorney General shall not issue a surrender warrant in the case of a person if the Attorney General is satisfied that there are special circumstances that would make it unjust or oppressive to surrender that person and in considering whether those special circumstances exist, the Attorney General shall –

(a) give the person a reasonable opportunity to provide to the Attorney General documents intended to show those special circumstances; and

(b) consider any documents so provided.

(5) Notice of the issue of a surrender warrant shall forthwith be given to the person to be surrendered thereunder.

(6) Where the Attorney General determines under subsection (4) not to issue a surrender warrant in relation to any person, he may apply to a Magistrate for an order discharging the person from custody.

Discharge in case of delay in surrendering.

16. (1) Where a person committed to await his surrender is in in custody in Trinidad and Tobago under this Act after the expiration of the following period:

(a) the period of two months beginning with the first day on which a surrender warrant could have been issued in relation to him;

(b) where a surrender warrant has been issued in relation to him, the period of one month beginning with the day on which that warrant was issued,

he may apply to the High Court for his discharge.

(2) If upon an application under subsection (1) the High Court is satisfied that reasonable notice of the proposed application has been given to the Attorney General, the Court may, unless sufficient cause is shown to the contrary, make an order for the discharge from custody of the applicant and, if a surrender warrant has been issued in relation to the applicant, quash the surrender warrant.

(3) The Attorney General may revoke a surrender warrant if he is informed, before it is executed, that the Tribunal no longer requires the attendance of the person to whom the warrant relates and notice of the revocation shall forthwith be given to that person.

(4) Where a surrender warrant is revoked under subsection (3), the Attorney General or the person to whom the warrant relates may apply to a Magistrate for an order discharging the person from custody.

Effect of surrender on term of imprisonment.

17. (1) Where, at the time a person is surrendered to a Tribunal, the person is serving a sentence of imprisonment in respect of an offence against the law of Trinidad and Tobago–

(a) any time spent by the person in custody in connection with the surrender warrant; and

(b) subject to subsection (2), any time spent by the person in custody in connection with detention by, or on the order of, the Tribunal in respect of the Tribunal offence,

shall be counted as time served towards the sentence of imprisonment.

(2) Where the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence shall not be counted as time towards the sentence of imprisonment in respect of an offence against the law of Trinidad and Tobago.

(3) A reference in this section to time spent in custody includes a reference to time spent in custody outside Trinidad and Tobago.

Expiry of sentence while under Tribunal detention.

18. Where–

(a) at the time a person is surrendered to a Tribunal, the person is serving a sentence of imprisonment in respect of an offence against the law of Trinidad and Tobago; and

(b) the sentence of imprisonment expires in accordance with section 17 while the person is being detained by, or on the order of the Tribunal,

the Attorney General shall without delay inform the Tribunal that the sentence of imprisonment has expired and, if the Tribunal has given an undertaking pursuant to section 15(2), that compliance with the undertaking is no longer required.

PART IV
OTHER FORMS OF ASSISTANCE TO A TRIBUNAL

Taking of evidence in Trinidad and Tobago.

19. The Attorney General may, upon the request of a Tribunal, apply in writing to the Magistrate for the taking of evidence for the purposes of a proceeding or an investigation conducted by the Tribunal.

Magistrate to take evidence upon oath.

20. Evidence taken by a Magistrate under section 19 shall be upon oath and shall be forwarded in written form to the Attorney General and certified to have been properly taken.

Documents to be forwarded to the Attorney General.

21. Documents or other articles produced before a Magistrate shall be forwarded to the Attorney General and shall be certified as being the documents or articles referred to in the evidence taken by the Magistrate under section 19.

Evidence to be forwarded to Tribunal.

22. The evidence, documents and other articles referred to in sections 20 and 21 shall be forwarded by the Attorney General to the Tribunal.

Person who is subject of proceeding need not be present.

23. Evidence of a witness taken under section 20 may be taken in the presence or absence of the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates or his legal representative.

Certificate of evidence.

24. A certificate issued by a Magistrate under section 20 or 21 certificate of shall state whether, at the time the evidence was taken or the documents or other articles produced, any of the following persons were present:

(a) the person to whom the Tribunal proceeding relates or his legal representative;

(b) any other person giving evidence or producing documents or other articles, or his legal representative.

Tribunal immunity certificate.

25. (1) A Tribunal immunity certificate is admissible in proceedings before a Magistrate under section 19.

(2) In this section–

"Tribunal immunity certificate" means a certificate or declaration that–

(a) is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal; and

(b) specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, a specified person shall or shall not be required to answer a specified question or to produce a specified document.

Search warrant.

26. (1) For the purposes of the Act, the Attorney General may authorise a police officer to apply before a Magistrate for a search warrant in relation to evidential material if–

(a) a Tribunal makes a request to the Attorney General for a search warrant to be issued; and

(b) there are reasonable grounds to believe that the material is in Trinidad and Tobago.

(2) Where the Magistrate is satisfied, by proof on oath, that there is reasonable ground for believing that there is in any building, vessel, receptacle or place, any evidential material, he may, at any time issue a warrant under his hand, authorising the police officer to search such building, vessel, receptacle, or place for such evidential material and to seize and carry it before the Magistrate who issued the warrant, or any other Magistrate, to be dealt with for the purposes of an investigation or prosecution, as the case may be, under this Act.

(3) Where any evidential material is seized and brought before any Magistrate, the Magistrate may detain or cause it to be detained, taking reasonable care that it is preserved for the purposes of the investigation or prosecution, as the case may be.

(4) For the purposes of this section "evidential material" means evidence that may be related to a Tribunal offence.

(5) A warrant issued by a Magistrate shall state–

(a) the purpose for which it is issued, including the Tribunal offence to which the application for the warrant relates;

(b) the address of the premises to which the warrant relates; and

(6) A search warrant may be issued and executed at any time and may be issued and executed on a Sunday.

Giving evidence in foreign countries.

27. The Attorney General may arrange for the travel of a person in Trinidad and Tobago to a foreign country to give evidence or to assist in an investigation if–

(a) a Tribunal makes a request for the attendance of the person;

(b) there are reasonable grounds to believe that the person can give relevant evidence to the proceedings or assist the investigation; and

(c) the Attorney General is satisfied that the Tribunal has given an adequate undertaking that the person will be returned to Trinidad and Tobago in accordance with arrangements agreed to by the Attorney General.

Imprisoned witness.

28. (1) A person who has been convicted of an offence and imprisoned may with the approval of the Attorney General be released from prison for the purpose of travel to a foreign country to give evidence at a proceeding of a Tribunal or to assist in an investigation.

(2) The Attorney General shall make arrangements with the Tribunal for keeping the witness in custody while he is in the foreign country.

Service of process.

29. (1) Where the Attorney General receives from a Tribunal, a request for the service of a summons requiring a person to appear before the Tribunal for the purpose of giving evidence or assisting an investigation, the Attorney General may apply to the High Court for the issue of such summons.

(2) The High Court may, on the application of the Attorney General, issue a summons requiring a person to appear before a Tribunal and such summons shall be in the form set out in Form 9 in Schedule 3 and may be enforced in the same manner as a summons issued by the High Court in criminal proceedings.

PART V
FORFEITURE OF PROCEEDS OF TRIBUNAL OFFENCES

Enforcement of forfeiture orders.

30. (1) The Attorney General may make arrangements for the enforcement of a forfeiture order made by a Tribunal in relation to property that is believed to be in Trinidad and Tobago.

(2) A forfeiture order shall be enforced if the Attorney General is satisfied that–

(a) the person has been convicted by a Tribunal of the Tribunal offence to which the order relates; and

(b) the conviction is not subject to further appeal before the Tribunal.

(3) The Attorney General may, in writing authorise the Director of Public Prosecutions to apply for the registration of the forfeiture order in the High Court.

Registration of order.

31. (1) Where the Director of Public Prosecutions applies to the High Court for registration of a forfeiture order, the High Court shall register the forfeiture order and shall direct the Director of Public Prosecutions–

(a) to give notice of registration, in the manner and within the time the High Court considers appropriate, to specified persons, other than a person convicted of an offence in respect of which the forfeiture order was made, whom the High Court has reason to believe may have an interest in the property; or

(b) to publish notice of the registration in the manner and within the time the High Court considers appropriate, if he is satisfied that–

(i) the person against whom the order was made, appeared in the proceedings and if he did not do so, that he received notice of the proceedings in sufficient time to enable him to defend them;

(ii) any other person affected by the order was given the opportunity to show why an order should not be made;

(iii) the order is subject to appeal; and

(iv) enforcing the order in Trinidad and Tobago would not be contrary to the interests of justice.

(2) The High Court may by order (hereinafter referred to as a "restraint order") prohibit any person from dealing with any property specified in a forfeiture order subject to such conditions and exceptions as may be specified in the order.

(3) An application for a restraint order shall be supported by an affidavit which may contain, unless the Court otherwise directs, statements of information or belief with the sources and grounds thereof.

(4) A restraint order–

(a) may be made only on an application by the Director of Public Prosecutions;

(b) may be made on an ex parte application to a Judge in Chambers; and

(5) A restraint order–

(a) may be discharged or varied in relation to any property; and

(b) may be discharged on the conclusion of the proceedings or application question.

(6) An application for the discharge or variation of a restraint order may be made by any person affected by it.

(7) Where the High Court has made a restraint order, the Court may at any time appoint a receiver–

(a) to take possession of any property that is subject to a forfeiture order property; and

(b) in accordance with the Court's directions, to manage or otherwise deal with any property in respect of which he is appointed,

subject to such exceptions and conditions as may be specified by the Court, and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.

(8) For the purposes of this section, "dealing with property held by any person" includes, without prejudice to the generality of the expression–

(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from Trinidad and Tobago.

(9) Where the High Court has made a restraint order, a police officer may, for the purpose of preventing any realisable property being removed from Trinidad and Tobago, seize the property.

(10) Property seized under subsection (11) shall be dealt with in accordance with the Court's directions.

(11) A forfeiture order shall be registered in the High Court by the filing of a copy thereof sealed by the Tribunal.

PART VI
MISCELLANEOUS

Co-operation with Tribunal.

32. (1) The Attorney General shall fully co-operate with a Tribunal in accordance with the provisions of the Statute of the Tribunal.

(2) Notwithstanding subsection (1), where the Attorney General determines that co-operation with a Tribunal would prejudice the sovereignty, security or national interest of Trinidad and Tobago, he may decline to co-operate.

Amendment of Schedule 1 and 2.

33. The Attorney General may, by Order, amend or 2 for the purpose of incorporating an amendment to a Statute of the Tribunal.

Regulation.

34. The Attorney General may make Regulations for the carrying into effect and proper administration of the provisions of this Act.

SCHEDULE 1

STATUTE OF THE INTERNATIONAL TRIBUNAL FOR THE TERRITORY OF THE FORMER YUGOSLAVIA

SCHEDULE 2

STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA

SCHEDULE 3

FORMS

1. Provisional Warrant of Arrest.
2. Authority to Proceed.
3. Warrant of Arrest.
4. Warrant of Committal (by Consent).
5. Warrant of Surrender (by Consent) to Tribunal.
6. Recognisance on Review (with Surety).
7. Recognisance on Review (without Surety).
8. Recognisance on Appeal (with Surety).
9. Recognisance on Appeal (without Surety).
10. Surrender Warrant.
11. Summons to Appear before a Tribunal.

FORM 1

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

PROVISIONAL WARRANT OF ARREST

.........................................................Magistrates' Court

There being evidence that the Attorney General has received a request on the grounds of urgency from the *Former Yugoslavia/*Rwanda Tribunal for the arrest of A.B. (hereinafter referred to as "the defendant") who is charged with having committed the Tribunal offence of.............................................. for which the said Tribunal has power to prosecute persons under

Article.................................. of the Statute of the Tribunal (or who has been convicted by the said Tribunal for the Tribunal offence of........................................ for which the said Tribunal has power to prosecute persons under Article....................................of the Statute of the Tribunal):

And there being information that the defendant is or is believed to be in or on his way to Trinidad and Tobago:

And there being evidence that the purpose of the arrest of the defendant is to enable the defendant to be brought before the said Tribunal (or to be taken to a place where he is to be imprisoned under a sentence of the said Tribunal):

You are hereby commanded to arrest the defendant and to bring him before me or some other Magistrate to be dealt with in accordance with the provisions of the International War Crimes Tribunals Act.

Dated the.....................day of...................................., 20.......

(Signed)

Magistrate

__________________
*Delete if inapplicable.

FORM 2

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

AUTHORITY TO PROCEED

To His Worship Mr.

A request having been made to the Attorney General by the *Former Yugoslavia/*Rwanda Tribunal (hereinafter referred to as "the Tribunal") for the surrender of A.B. (hereinafter referred to as "the defendant") to the Tribunal [or to...................................................(name of country) where the defendant is to undergo imprisonment under a sentence of the Tribunal]:

And the Attorney General being satisfied that the said request is in accordance with section 5(1) of the International War Crimes Tribunals Act:

And the said request having been accompanied by an arrest warrant issued by the Tribunal in relation to the defendant or by a copy of that warrant authenticated by the Tribunal:

The Attorney General hereby requires you to proceed with the case in accordance with the provisions of the International War Crimes Tribunals Act.

Dated the....................day of....................................., 20.......

(Signed)

Attorney General

__________________
*Delete if inapplicable.

FORM 3

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

WARRANT OF ARREST

.............................................Magistrates' Court

The Attorney General having required me, the undersigned Magistrate for the.........................................................District, to proceed in accordance with the provisions of the International War Crimes Tribunals Act in respect of A.B. (hereinafter referred to as "the defendant") in respect of whom an arrest warrant has been issued by the *Former Yugoslavia/*Rwanda Tribunal and the request has been made by the said Tribunal to the Attorney General for his surrender to the Tribunal [or to...............................(name of country) where he is to undergo imprisonment under a sentence of that Tribunal]:

You are hereby commanded to arrest the defendant and to bring him before me or some other Magistrate to be dealt with in accordance with the provisions of the International War Crimes Tribunals Act.

Dated the...............day of........................, 20.......

(Signed)

Magistrate

__________________
*Delete if inapplicable.

FORM 4

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

WARRANT OF COMMITTAL (BY CONSENT)

To all Constables and to the Keeper of Jail/Prison.

A.B. having been arrested pursuant to a warrant issued under section 6(1) or 8(1) of the International War Crimes Tribunals Act, having requested the Attorney General to order his surrender without any proceedings before a Magistrate under section 11 of that Act.

And the Attorney General having consented to the request of A.B. :

This is to command you, the said constables, to convey A.B. to the said Jail/Prison and there deliver him to the Keeper thereof, together with this warrant; and I do hereby command you, the Keeper of the said Jail/Prison, to receive him into your custody and keep him until he is thence delivered in accordance with the provisions of that Act.

Dated the................day of.............................., 20......

(Signed)

Attorney General

FORM 5

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

WARRANT OF SURRENDER (BY CONSENT) TO TRIBUNAL

To the Keeper of Jail/Prison to all Constables.

Whereas a request has been made to the Attorney General by or on behalf of.........................................for the surrender to the Tribunal of A.B. who is charged for (or who is convicted of) the offence of.......................................:

And whereas A.B. has requested the Attorney General to order his surrender without any proceedings before a Magistrate under section 11 of the International War Crimes Tribunals Act:

And whereas the Attorney General consented to that request of A.B. and ordered A.B. to be committed to the said Jail/Prison on the...............day of .......................20......., to await his surrender to .........................................:

Now, therefore, the Attorney General hereby orders with the consent of A.B. that A.B. be surrendered to.................................................in respect of the offence for which he was committed to custody by the Attorney General.

Dated the...............day of............................, 20.......

(Signed)

Attorney General

FORM 6

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

RECOGNISANCE ON REVIEW (WITH SURETY)

Be it remembered that on the...........day of..................., 20......A.B. (the person ordered to be discharged from custody) of...............................and C.D. (surety) of...................................came before me the undersigned Registrar of the Supreme Court and severally acknowledged themselves to owe to the State the several sums following, that is to say, the said A.B. the sum of .........................................and the said C.D. the sum of...........................

Whereas on the..........day of......................, 20......the said A.B. whose surrender was requested by the..............................Tribunal was ordered by the Magistrate for the.........................District to be discharged from custody:

And whereas the Attorney General has applied to the High Court for review of the order of discharge:

And whereas an application for bail has been made pending the determination of the application for review of the order of discharge:

And whereas the High Court has made order granting bail for the said A.B. pending the determination of the application for review:

Now the condition of this recognisance is such that if the said A.B. shall personally appear at the sittings of the High Court when the application for review of the said order comes on to be heard (and at every sitting of such Court to which the application for review of the said order may be from time to time adjourned) and shall not depart the Court without leave, and shall abide by the order of the said High Court, then this recognisance shall be void but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

(Surety) (Signed) C.D.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

FORM 7

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

RECOGNISANCE ON REVIEW (WITHOUT SURETY)

Be it remembered that on the...........day of......................., 20........A.B. (the person ordered to be discharged from custody) of....................................... came before me the undersigned Registrar of the Supreme Court and acknowledged himself to owe to the State the sum of............................which said sum has been paid into Court.

Whereas on the...........day of............................, 20........the said A.B. whose surrender was requested by the.......................Tribunal was ordered by the Magistrate for the....................................District to be discharged from custody:

And whereas the Attorney General has applied to the High Court for review of the order of discharge:

And whereas an application for bail has been made pending the determination of the application for review of the order of discharge.

And whereas the High Court has made order granting bail for the said A.B. pending the determination of the application for review:

Now the condition of this recognisance is such that if the said A.B. shall personally appear at the sittings of the High Court when the application for review of the said order comes on to be heard (and at every sitting of such Court to which the application for review of the said order may be from time to time adjourned) and shall not depart the Court without leave, and shall abide by the order of the said High Court, without leave, then this recognisance shall be void but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

FORM 8

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

RECOGNISANCE ON APPEAL (WITH SURETY)

Be it remembered that on the............day of.............., 20......... A.B. (the person ordered to be discharged from custody) of.....................and C.D. (surety) of...........................................came before me the undersigned Registrar of the Supreme Court and severally acknowledged themselves to owe to the State the several sums following, that is to say, the said A.B. the sum of............................and the said C.D. the sum of..............................................................................

Whereas on the.............day of......................, 20..........the said A.B. whose surrender was requested by the..........................Tribunal was ordered by the Magistrate for the............................District to be discharged from custody:

And whereas on the............day of........................., 20.........the said order of the Magistrate was reviewed by the High Court:

And whereas the Attorney General/A.B. has appealed against the decision of the High Court on the said review:

And whereas the High Court has made order granting bail for the said A.B. pending the determination of the appeal:

Now the condition of this recognisance is such that if the said A.B. shall personally appear at the sittings of the Court of Appeal when the appeal comes on to be heard (and at every sitting of such Court to which the appeal may be from time to time adjourned) and shall not depart the Court without leave, and shall abide by the order of the said Court of Appeal, then this recognisance shall be void but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

(Surety) (Signed) C.D.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

FORM 9

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

RECOGNISANCE ON APPEAL (WITHOUT SURETY)

Be it remembered that on the...........day of........................., 20........A.B. (the person ordered to be discharged from custody) of.......................................came before me the undersigned Registrar of the Supreme Court and acknowledged himself to owe to the State the sum of ...............................................................which said sum has been paid into Court:

Whereas on the............day of..............................., 20.........the said A.B. whose surrender was requested by the..........................Tribunal was ordered by the Magistrate for the.................District to be discharged from custody:

And whereas on the............... day of.............................. , 20.......... the said order of the Magistrate was reviewed by the High Court:

And whereas the Attorney General/A.B. has appealed against the decision of the High Court on the said review:

And whereas the High Court has made order granting bail for the said A.B. pending the determination of the appeal:

(Person ordered to be discharged) (Signed) A.B.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

FORM 10

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

SURRENDER WARRANT

To the Keeper of (Jail)/Prison and to all Constables.

Whereas a request has been made to the Attorney General by the................. Tribunal for the surrender to the Tribunal [or to ......................(name of country) where he is to undergo imprisonment under a sentence of that Tribunal] of A.B. (hereinafter referred to as "the prisoner") who is charged with having committed the Tribunal offence of.............................................for which the said Tribunal has power to prosecute persons under Article........................of the Statute of the Tribunal (or who has been convicted by the said Tribunal for the Tribunal offence of.......................................for which the said Tribunal has power to prosecute persons under Article...........................of the Statute of the Tribunal):

And whereas a Magistrate, being satisfied that the evidence given before him would be sufficient to warrant the surrender of the prisoner to the Tribunal [or to.....................................(name of country) where he is to undergo imprisonment under a sentence of that Tribunal], committed the prisoner to the (Jail) Prison on the...................day of...................................., 20......., to await his surrender to the Tribunal [or to..............................(name of country) where he is to undergo imprisonment under a sentence of that Tribunal]:

And whereas the prisoner has not been discharged from custody by order of the High Court or of the Court of Appeal:

Now, therefore, the Attorney General hereby orders that the prisoner be surrendered to the Tribunal [or to..........................................(name of country) where he is to undergo imprisonment under a sentence of that Tribunal].

Dated the..................day of.............................., 20.......

(Signed)

Attorney General

FORM 11

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (Ch. 11:23)

SUMMONS TO APPEAR BEFORE THE *FORMER YUGOSLAVIA/*RWANDA TRIBUNAL

In the Matter of.........................................................................

To of

Whereas the Attorney General has received from the *Former Yugoslavia/ *Rwanda Tribunal a request for the service of a summons requiring you to appear before the said Tribunal for the purpose of giving evidence [or assisting an investigation] with respect to above-mentioned matter.

This is to give you notice to attend.......................on the.................day of ........................................., 20.............. before the...........................Tribunal.

You are required to contact the Office of the Attorney General no later than the ................... day of .................................. , 20........... , so that appropriate arrangements can be made for your attendance before the said Tribunal in accordance with section 27 of the International War Crimes Tribunals Act.

You are also required to have with you at the said time and place of the sitting of the said Tribunal any books, papers or other things under your control or in your possession in any manner relating to the said matter.

Dated the........................day of.........................., 20.........

(Signed)

Registrar of the Supreme Court

__________________
*Delete if inapplicable.

[Source: International War Crimes Tribunals Act, Chapter 11:23, Act No. 24 of 1998, Trinidad and Tobago Gazette, Legal Supplement Part A, Vol. 37, No. 202, 28 October 1998, pp. 152-210. By way of: Laws of Trinidad and Tobago, Ministry of the Attorney General and Legal Affairs, Government of the Republic of Trinidad and Tobago.]

Notes:

* See section 2 for date of commencement. [Back]

26Oct1998 - TTO

International War Crimes Tribunals Act of Trinidad and Tobago
- Act No. 24 of 1998 -

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26Oct1998 - TTO

International War Crimes Tribunals Act of Trinidad and Tobago - Act No. 24 of 1998 -

International War Crimes Tribunals Act of Trinidad and Tobago
- Act No. 24 of 1998 -