Document ID: chunk:federal_register_of_legislation:F1996B01844:body:0:p5
Version: federal_register_of_legislation:F1996B01844
Segment Type: other
Provision Reference: 
Character Range: 10571–13310

EVIDENCE OR ASSISTING IN INVESTIGATIONS
IN THE REQUESTING STATE

1. In the case of a request for a person to appear as a witness in a criminal proceeding or to assist in investigations in the Requesting State, the Requested State shall request that person to comply with the request and seek that person's consent thereto.

2. The person shall be entitled to such allowances and expenses, including return travel costs to the Requested State, as are provided for by the law of the Requesting State.

ARTICLE 13
AVAILABILITY OF PRISONERS TO GIVE EVIDENCE
OR TO ASSIST IN INVESTIGATIONS

1. Each Contracting State may transfer temporarily, upon request, to the other State a prisoner in custody to give evidence and to assist in investigations, provided the prisoner consents.

2. The Requesting State shall hold the prisoner in custody, if the original sentence has not expired, and shall return the prisoner in custody to the Requested State at the conclusion of the proceeding in relation to which the prisoner's transfer is sought or at such earlier time as the prisoner's presence is no longer required, unless the Requested State formally requests the prisoner be discharged.

SCHEDULE—continued

3. Where the sentence imposed on a person transferred under this Article expires while the person is in the Requesting State, that person shall thereafter be entitled to such allowances and expenses, including return travel costs to the Requested State, as a person transferred pursuant to Article 12.

ARTICLE 14
IMMUNITY

1. A person who consents to give evidence in proceedings or to assist in investigations in the Requesting State under Articles 12 or 13 shall not be prosecuted, detained or punished for any offence or sentence, concerning criminal law, which preceded the person's departure from the Requested State. Nor will there be advantage taken of the presence of that person for the purpose of civil proceedings in relation to facts which preceded the person's departure from the Requested State.

2. Immunity provided in this Article shall cease if, fifteen days after the person appearing has been notified that his or her presence is no longer required and that person, being free to leave, has not left the Requesting State or, having left, has returned.

3. A witness appearing before an authority in the Requesting State shall not be subject to prosecution based on his or her evidence to the extent that the evidence is true.

4. A person who consents to be transferred pursuant to Articles 12 or 13 shall not be required to give evidence in proceedings other than the proceedings to which the request relates unless the person consents. The Requested State's consent shall also be required in the case of a person