Document ID: chunk:federal_register_of_legislation:F1999B00047:body:0:p6
Version: federal_register_of_legislation:F1999B00047
Segment Type: other
Provision Reference: 
Character Range: 13079–15759

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) where the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State.

6. 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
Obtaining of statements of persons

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

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

Article 12
Availability of persons in custody to give evidence or to 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 assist investigations or 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 the person's presence is no longer required.

4. The Requesting State may request the extension of the period stated in paragraph 3 of this Article if it still needs the presence of the person, if the person so consents.

5. 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 obtaining a person's consent to:

       (a) appear as a witness in proceedings in relation to a criminal matter in the