Document ID: chunk:federal_register_of_legislation:F2007L00302:body:0:p7
Version: federal_register_of_legislation:F2007L00302
Segment Type: other
Provision Reference: 
Character Range: 15797–18527

(b) the law of the Requesting Party permits that witness to decline to give evidence in such proceedings in the Requesting Party.

5. If any person claims that there is a right to decline to give evidence under the law of the Requesting Party, the Central Authority of that Party shall, upon request, provide a certificate to the Central Authority of the Requested Party as to the existence of that right.  In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right.

ARTICLE 11
OBTAINING OF STATEMENTS OF PERSONS

 The Requested Party shall, upon request, endeavour to obtain statements of persons for the purpose of an investigation, prosecution or proceeding in relation to a criminal matter in the Requesting Party.

ARTICLE 12
TRANSFER OF PERSONS IN CUSTODY TO GIVE EVIDENCE
OR ASSIST IN INVESTIGATIONS

1. The Requested Party may, at the request of the Requesting Party, temporarily transfer a person in custody in its territory to the Requesting Party to give evidence or assist in investigations, provided that the person so consents and the Parties have previously reached a written agreement on the conditions of the transfer.

2. If the person transferred is required to be kept in custody under the laws of the Requested Party, the Requesting Party shall hold that person in custody and shall promptly return the person to the Requested Party as soon as the person's presence is no longer required in the territory of the Requesting Party.

3. Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person referred to in Article 13.

4. For the purpose of this Article, the person transferred shall receive credit for service of the sentence imposed in the Requested Party for the period of time served in the custody of the Requesting Party.

ARTICLE 13
AVAILABILITY OF OTHER PERSONS TO GIVE EVIDENCE
OR ASSIST IN INVESTIGATIONS

1. The Requesting Party may request the assistance of the Requested Party in obtaining a person's consent to:
       (a) appear as a witness in proceedings in relation to a criminal matter in the Requesting Party unless that person is the accused; or
       (b)          assist in investigations in relation to a criminal matter in the Requesting Party.

2. The Requested Party shall, if satisfied that suitable arrangements for that person's security will be made by the Requesting Party, invite the person to consent to appear as a witness in proceedings or to assist in investigations. The Requested Party shall promptly inform the Requesting Party of the person's response.

ARTICLE 14