dial State must provide (articles 59 (6) & 86).
A record of the time spent in custody in the State should be created and maintained for the person at least until they are acquitted or convicted by the ICC. This will ensure that the ICC is able to take such a period of time into account for sentencing purposes, if the person is subsequently convicted by the ICC (article 78 (2)).
Obligations
a) Persons arrested subject to a warrant from the ICC must have the opportunity to exercise their right to request interim release pending surrender (article 59 (3)). In some jurisdictions, this application would not be necessary, where the relevant authority is already obliged to determine whether the person should be detained or not, even if no application for release is made.
b) The competent authority in the requested State must consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. However, it is not open to the competent authority of the requested State to consider whether the warrant of arrest was properly issued in accordance with the Rome Statute (article 59 (4)).
c) States must notify the ICC Pre-Trial Chamber of any requests for interim release and provide that the competent State authority gives full consideration to any recommendations of the Pre-Trial Chamber before rendering its decision (article 59 (5)).
d) If the person is granted interim release, States must respond to any requests made by the Pre-Trial Chamber for periodic reports on the status of the interim release (article 59 (6)).
Implementation
a) Interim release
Laws and procedures are needed to provide for the interim release of suspects, such as laws allowing for "bail" or sureties, or other measures restricting liberty. Laws are also needed to make sure that the State authority making the decision on whether to detain the person or not is required to take into account the matters outlined in article 59(4) and any recommendations that the Pre-Trial Chamber makes on the issue, in accordance with article 59 (5).
b) Periodic reports on interim release
A procedure is needed to keep the Pre-Trial Chamber informed periodically on the status of the interim release, in accordance with article 59 (6). In other words, whoever grants interim release must communicate this to the relevant authority to pass on to the Pre-Trial Chamber, and then should set up a mechanism for periodic review of the interim release, or of the status of interim release, in order then to communicate this periodically to the Pre-Trial Chamber.
c) Records of time spent in custody
Persons in charge of detention facilities should be required to keep a special record of any persons who are detained in accordance with a warrant from the ICC, and to forward a copy of that record to the ICC when the person is surrendered to the ICC. This will assist the ICC in determining an appropriate sentence, should the person be convicted subsequently.
Issuing of a summons
Description
Article 58 (7) allows the Pre-Trial Chamber to issue a summons as an alternative to a warrant of arrest. Such a summons may be issued with or without conditions restricting liberty, other than detention, as long as these conditions are provided for by the law of the custodial State. For example, State laws may allow for the confiscation of the person's passport in such circumstances.
Paragraphs (a) - (d) of article 58 (7) set out the required contents of the summons:
(a) The name of the person and any other relevant identifying information;
(b) The specified date on which
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