Document ID: chunk:federal_register_of_legislation:F1996B01929:body:0:p6
Version: federal_register_of_legislation:F1996B01929
Segment Type: other
Provision Reference: 
Character Range: 13306–16068

the subject matter about which persons are to be examined, including any questions to be put to such persons.

 4. The parties to the relevant proceedings in the Requesting State, their legal representatives and the representatives of the Requesting State, may appear and question the person being examined, subject to the law of the Requested State and subject to the permission of the Court if required.

 5. The Requested State will endeavour, subject to its laws, to arrange for the production of a transcript or recording of the proceedings, using any form of technology including audio or video recorders.

 6. A person who is required to give evidence in the Requested State under this Article may decline to give evidence if:
         (a) the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State; or
         (b) the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Attorney General of that State shall, upon request, transmit a certificate to the Requested State setting out the law of the Requesting State concerning the status of that right.  If the person claiming such right does not submit evidence to the contrary, the certificate shall be considered sufficient evidence as to the status of that right.

Article 11

Obtaining statements of persons

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

 2. For the purposes of requests under this Article, the Requesting State, in addition to the requirements set out in Article 5, shall specify the subject matter about which it seeks statements from persons, including any questions which it seeks to be put to the person.

 3. To the extent permitted by the laws of the Requested State, a representative of the Requesting State may be present during the taking of a statement of a person pursuant to this Article.

Article 12

Location and identification of persons

The Requested State shall make thorough efforts to ascertain the location and identity of persons specified in the request and believed to be within the Requested State.

Article 13

Availability of persons in custody to give
evidence or to assist in 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 in investigations.

 2. The Requested State