, but must consult with the Court after making its decision to grant the request, in order to determine the most appropriate course of action (article 89 (4)).
Where the person has already been prosecuted for the same offence, or conduct that relates to that offence, then the procedures outlined in the section "Surrendering a person to the ICC" should be followed, in particular the component on ne bis in idem claims (article 20).
Obligations
a) Once a person is arrested, they must be brought promptly before the competent judicial authority in the custodial State to determine that the arrest was carried out in accordance with certain requirements and that the warrant applies to the person (article 59 (2)). However, the State authority cannot consider whether the ICC warrant was properly issued (article 59 (4)). The person can only make such a challenge before the ICC.
b) If the competent judicial authority perceives any difficulties or conflicts in meeting the request for surrender, it must consult with the Court (article 97).
c) If the arrested person is already being investigated by the requested State for the same offence, then the State should bring an admissibility challenge under articles 18 & 19, and seek to postpone execution of the request in accordance with article 95.
d) If the arrested person is already being investigated, or serving a term of imprisonment, for a different offence, then the requested State must consult with the Court, after granting the request for surrender (article 89 (4)).
Implementation
a) Time in custody
Many jurisdictions already require that a person may only be kept in custody for twenty four hours, and certainly no more than a few days, before they must be brought before a judicial authority to determine whether detention is still warranted. States Parties should ensure that persons are not kept in custody for lengthy periods awaiting a judicial hearing on the validity of the arrest.
b) Competent judicial authority
States Parties need to designate the appropriate level of judicial authority for assuming jurisdiction over such matters and grant that authority the relevant jurisdiction to order the surrender of the person. The authority must then be required to make the determinations under article 59 (2), in accordance with article 59 (4).
c) Duty to consult
Laws or procedures may be needed to enable or require the relevant authority to consult with the ICC wherever there are any concerns, problems, or conflicts in meeting the request for surrender. If the person is already a suspect or a prisoner, laws or procedures are needed to require the relevant authority to consult with the ICC. Any procedure must enable such consultations to take place on an expedited basis.
Interim release
Description
At the initial hearing before the State judicial authority, the arrested person is entitled to apply for interim release pending surrender (article 59 (3)). The ICC Pre-Trial Chamber must be notified of any requests for interim release and must make recommendations to the State authority, to which that authority must give "full consideration" before rendering its decision (article 59 (5)). Article 59 (4) sets out the other factors that the State authority must take into account when considering whether to grant interim release. It must consider the gravity of the alleged crimes, and whether "there are urgent and exceptional circumstances to justify interim release" and "necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court".
If the person is granted interim release, the Pre-Trial Chamber should be notified. It can then request periodic reports on the status of the interim release, which the custo
> 1 2 3 ... 244 245 246 ... 303 304 305
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
