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The United Nations (International Tribunal) (Rwanda) Order 1996

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Securing attendance of person as witness or to assist in investigations

9.—(1) This article applies where the Secretary of State receives from the International Tribunal an order for the attendance before the International Tribunal of a person in the United Kingdom who—

(a)has been served with a summons or other process under article 19 requiring him to appear before the International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes, and

(b)has failed to comply with the process,

and the order is accompanied by a request for assistance in enforcing it.

(2) The Secretary of State or the Lord Advocate shall transmit the order to an appropriate judicial officer, who shall issue a warrant for the arrest of the person named or described in the order.

(3) A person arrested in pursuance of a warrant issued under paragraph (2) shall be brought before a competent court as soon as practicable.

(4) If the competent court is satisfied that—

(a)the person arrested is the person named or described in the warrant and in the order of the International Tribunal, and

(b)he has been served with a summons or other process under article 19 requiring him to appear before the International Tribunal, and

(c)he has failed to comply with the process,

the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal and shall remand him until the order has been executed.

(5) If the competent court does not make an order under paragraph (4) and the person arrested is not remanded, the court shall order his discharge.

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