Document ID: chunk:federal_register_of_legislation:F2005B00011:body:0:p6
Version: federal_register_of_legislation:F2005B00011
Segment Type: other
Provision Reference: 
Character Range: 13048–15739

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

If the Requesting State considers the personal appearance of a witness or expert before its judicial or investigative authorities especially necessary it shall so mention in its request. The Requested State shall, if satisfied that satisfactory arrangements for that person's security will be made by the Requesting State, invite the witness or expert to appear.

ARTICLE 14

IMMUNITY OF WITNESSES AND EXPERTS

1. Subject to paragraph 2, where a person is in the Requesting State pursuant to a request made under Articles 12 or 13:

       (a) that person shall not be detained, prosecuted or punished in the Requesting State, for any offence, nor be subject to any civil suit, being a civil suit to which the person could not be subjected if the person were not in the Requesting State, in respect of any act or omission 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 or to assist any investigation other than the proceeding or investigation to which the request relates.

2. Paragraph 1 of this Article shall cease to apply if that person, being free to leave, has not left the Requesting State within a period of thirty days after that person has been officially notified that that person's presence is no longer required or, having left, has returned.

3. A person appearing in the Requesting State pursuant to a request made under Articles 12 or 13 shall be subject to the law of that State relating to contempt, perjury and the making of false declarations.

4. A person who does not consent to a request pursuant to Articles 12 or 13 shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure notwithstanding any contrary statement in the request or in any document accompanying the request.

ARTICLE 15

PROVISION OF PUBLICLY AVAILABLE AND OFFICIAL DOCUMENTS

1. The Requested State shall provide copies of documents and records that are open to public access as part of a public register or otherwise, or that are available to the public.

2. The Requested State may provide copies of any official document or record in the same manner and under the same conditions as such document or record may be provided to its own law enforcement and judicial authorities.

ARTICLE 16

SEARCH AND SEIZURE

1. The Requested State shall, insofar as its law permits, carry out requests for search and seizure and delivery of material to the