Southern African Development Community
copies would be available to its own law enforcement or judicial authorities.
The Requested State may in its discretion deny a request pursuant to this
paragraph entirely or in part.
ARTICLE 14
TESTIMONY IN THE REQUESTING STATE
1.
When the Requesting State requests the appearance of a person in that
State, the Requested State shall invite the person to appear before the
appropriate authority in the Requesting State. The Requested State shall
promptly inform the Requesting State of the response of the person.
2.
A person appearing in the Requesting State pursuant to this Article shall
not be subject to service of process, or be detained or subjected to any
restriction of personal liberty, by reason of any act or conviction which
preceded his departure from the Requested State.
3.
The safe conduct provided for by this Article shall cease fifteen (15) days
after the Requesting State has notified the Requested State and the person
concerned that his or her presence is no longer required, or when the
person, having left the Requesting State, voluntarily returns.
The
Requesting State may, in its discretion, extend this period if it determines
that there is good cause to do so.
ARTICLE 15
AVAILABILITY OF PERSONS IN CUSTODY TO GIVE EVIDENCE OR
TO ASSIST IN INVESTIGATION
1.
Upon request, a person in custody in the Requested State shall be
temporarily transferred to the Requesting State to assist investigations or to
testify, provided that the person consents.
2.
When the person transferred is required to be kept in custody under the law
of the Requested State, the Requesting State shall hold that person in
custody and shall return the person in custody at the conclusion of the
execution of the request.
3.
When the sentence imposed expires, or 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 present in the Requesting State pursuant to a request
seeking that person's attendance in terms of Article 14.
SADC Protocol on Mutual Legal Assistance in Criminal Matters
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