ote that the Court will pay the costs of translation, interpretation and transcription, under article 100 (1)(b).
Note also Article 55 (1) which applies to all persons involved in investigations under the Rome Statute. All persons being questioned, including victims and potential witnesses, should be granted the rights in this paragraph. They shall not be compelled to incriminate themselves, or to confess guilt, nor shall they be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment, nor shall they be subjected to arbitrary arrest or detention. States that have implemented the International Covenant on Civil and Political Rights or the Convention Against Torture will already be in compliance with these provisions, as long as the laws in their present state can also apply to people involved in ICC investigations. Other States may need to revise their laws and procedures on the treatment of persons being questioned.
States should also provide competent interpreters and translations for persons being questioned who do not fully understand or speak the language of the person asking the questions, or the language of documents they are being questioned about. Article 55 (1)(c) stipulates that the person should not have to pay for this. Therefore, States may need to create and retain a list of interpreters and translators who are available at short notice, to assist in such matters, and organise for the Court to pay for these, in accordance with article 100 (1)(b).
States should also review existing international standards for investigations, to ensure that their laws do not contradict these.
d) Questioning any person being investigated or prosecuted
Even before the ICC has issued an arrest warrant, the Court may request a State to question a person who is believed to have committed a crime within the jurisdiction of the Court. States will need laws and procedures to allow them to question the person, including the possibility of detention if appropriate, while ensuring that the person's rights under Article 55 (2) are respected and observed. These rights include the right to be informed of the charge that the person is likely to face, the right to legal counsel of their choosing, the right to remain silent, and the right to be questioned in the presence of counsel. Subject to constitutional safeguards, States may wish to have laws in place to allow them to detain the person until the ICC has been advised of the information that the person has provided, as long as this is not an unreasonably lengthy period of time, such as more than a day.
States need to make sure that at the very least, a written record of the questioning must be produced in every case.
State laws should also provide for the Prosecutor and defence counsel to interview accused nationals or other persons within their territory, after the Court has consulted with the State, in accordance with article 99 (4)(b). Note that article 100 (1)(c) stipulates that the Court will pay the travel and subsistence costs of relevant ICC personnel.
e) Serving documents, such as requests to testify before the Court
Because the ICC cannot demand that victims and witnesses provide information or testimony, States are not required to subpoena such persons to provide statements or to attend the Court. However, it would assist the Court considerably if States decided to make use of subpoenas or summons', to ensure that vital evidence is collected in a timely but fair fashion. Persons within the requested State and nationals of that State could be subpoenaed by the State authorities to provide statements for the Court, as long as the appropriate protections are also provided. This may require some revision to the State's laws on service of documents, to include such subpoenas. On the other hand, States may choose merel
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