International War Crimes Tribunals Act, 1998
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Evidence and presumptions. |
16.—(1) In any proceedings under this Act, a document purporting— | |
(a) to be a request by an international tribunal for the surrender of a person or for the provisional arrest of a person, or | ||
(b) to have been furnished by an international tribunal in support of either request, | ||
shall, without further proof, be received in evidence if it purports to be signed by an officer of that tribunal authorised by its statute or rules to sign that document. | ||
(2) In any proceedings under this Act, a document purporting— | ||
(a) to be a copy of a warrant of arrest issued by an international tribunal, and | ||
(b) to have been certified to be a true copy by an officer of that tribunal authorised by it to certify on its behalf, | ||
shall, without further proof, be received in evidence and shall, until the contrary is proved, be deemed to be a true copy of that warrant. | ||
(3) In any proceedings under this Act, it shall be presumed, unless the contrary is proved, that a request for the surrender of a person has been duly made and duly received where— | ||
(a) the person has been arrested under a warrant issued under section 9 , or | ||
(b) the person has been arrested under a provisional arrest warrant and a certificate under section 8 has been produced to the High Court stating that a request for the surrender of the person has been duly made. | ||
(4) In any proceedings under this Act, it shall be presumed, unless the contrary is proved, that where a member of the Garda Síochána not below the rank of inspector has sworn an information described in section 11 (1) in respect of a person, a request for the person's provisional arrest has been duly made and duly received. | ||
(5) In any proceedings under this Act, it shall be presumed, unless the contrary is proved, that where a certificate of the Minister has been produced to the High Court stating that an international tribunal has satisfied the Minister as to the matters specified in subparagraphs (i) and (ii) of section 26 (2)(b) in relation to a person who is named in the certificate and on whom final judgment was passed in another state, that the Minister has been so satisfied. |