Document ID: chunk:federal_register_of_legislation:F2001B00198:body:0:p5
Version: federal_register_of_legislation:F2001B00198
Segment Type: other
Provision Reference: 
Character Range: 10449–13167

person who is required to give evidence in the Requested State under this Article may decline to give evidence where either:

       (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.

4. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Central Office of that State shall, upon request, provide a certificate to the Central Office of the Requested State 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
Availability of persons in custody to give evidence

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.

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

3. While the person transferred 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 to the Requested State at the conclusion of the matter in relation to which transfer was sought under paragraph 1 of this Article or at such earlier time as is stipulated by the Requested State.

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.

Article 12
Availability of other persons to give evidence

If the Requesting State considers the personal appearance of a witness or expert before its judicial authorities especially necessary, it shall so mention in its request for service of the summons and the Requested State shall invite the witness or expert to appear.  The Requested State shall inform the Requesting State of the reply of the witness or expert.

Article 13
Safe conduct

1. Subject to paragraph 3, where a person is in the Requesting State pursuant to a request made under Articles 11 or 12:

       (a) that person shall not be prosecuted, detained, nor subjected to any other restriction of personal liberty in the territory of the Requesting State, for any offence or conviction which preceded the person's departure from the Requested State; and

       (b) that person shall not, without that person's consent, be required to give evidence in any proceeding other than