Document ID: chunk:federal_register_of_legislation:F2004C00892:body:0:p6
Version: federal_register_of_legislation:F2004C00892
Segment Type: other
Provision Reference: 
Character Range: 12978–15703

Requesting State, the Requested State shall with respect thereto rely on a certificate of the Central Authority of the Requesting State as evidence of the existence of that right.

Article 11
Locating and identifying persons and obtaining statements

1. The Requested State shall endeavour, upon request, to locate or identify persons for the purpose of an investigation or proceeding in relation to a criminal matter in the Requesting State.

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

Article 12
Availability of persons in custody to give evidence or assist investigations

1. A person in custody in the Requested State may, at the request of the Requesting State, be temporarily transferred to the Requesting State to give evidence or to assist investigations.

2. The Requested State shall not transfer a person in custody to the Requesting State unless the person consents.

3. While the person is required to be held in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return that person in custody either:
       (i) at such time as is stipulated by the Requested State; or
       (ii) at such earlier time as the person's presence is no longer required.

4. Where the Requested State advises the Requesting State 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.

Article 13
Availability of other persons to give evidence or assist investigations

1. The Requesting State may request the assistance of the Requested State in inviting a person:
       (a) to appear as a witness or expert in proceedings in relation to a criminal matter in the Requesting State; or
       (b) to assist investigations in relation to a criminal matter in the Requesting State.

2. The Requested State shall, if satisfied that satisfactory arrangements for that person's security will be made by the Requesting State, invite the person to appear as a witness or expert in proceedings or to assist in the investigations.

Article 14
Safe conduct

1. Where a person is in the Requesting State pursuant to a request made under Articles 9, 12 or 13 that person shall not be prosecuted or detained or subjected to any other restriction of personal liberty in the Requesting State in respect of any act or omission which preceded the person's departure from the Requested State.

2. Where a person is in the Requesting State pursuant to a request under Articles 12 and 13 that person additionally shall not, without