y to deliver requests to give evidence before the ICC, without any provision for enforcement of a response to such a request. Delivering requests may also need laws that require a person to ensure that the right person receives the request, and that the delivery of the request is kept confidential.
f) Assisting witnesses and experts to attend the relevant proceedings
Article 100 (1)(a) provides that the Court will pay the costs associated with the travel and security of witnesses and experts. However, States are required to "facilitate the voluntary appearance of persons as witnesses or experts before the Court" (article 93 (1)(l). In other words, they should do everything possible to make it easy for witnesses and experts from their State to travel to the Court, of their own volition. This may include making the travel arrangements, arranging extra counselling, or anything else that the State thinks will assist such persons.
g) Conducting searches of persons
State laws will need to provide for the issuing of warrants to allow the relevant personnel to search persons, if the ICC requires this. They may also need to allow representatives of the Prosecutor and the defence counsel to be present during such searches, if requested by the Court to do so, after consultations with the State concerned.
State authorities should note that there are different types of searches, from "frisking" a person's body outside of their clothes, to a full body cavity search. The invasiveness of the search is usually determined by the amount of probability that the person is carrying something particularly harmful or something that carries a high penalty if found in one's possession, such as certain banned drugs. States need to ensure that they do not carry out searches that are any more invasive than they need to be, given all the circumstances. Otherwise the person can claim that their rights have been violated, such as their right not to be subjected to cruel, inhuman, or degrading treatment (article 55 (1)(b)). Then whatever evidence is found on them may not be admissible, in accordance with Article 69 (7).
h) Preserving evidence such as audio, video, or written copies of interviews, statements and reports
States need to designate a secure storage facility for such materials, until they are required at trial, and limit the number of persons who can have access to them. This will help to reduce any possible tampering with such evidence.
i) Protecting victims and witnesses
States may need to have protection programs, or similar measures in place for all persons who may be involved in ICC investigations and proceedings. The needs of victims will be different from the needs of witnesses for the defence, so there should be separate measures for each. However, the basic idea of each will be the same: these persons may need protection from physical harm, or any kind of intimidation, prior to, during, and sometimes after ICC proceedings. The actual protective measures requested by the Court will vary. They may involve providing a safe temporary residence for victims, witnesses, and their families, moving them to a different location within the State or to another State if necessary, perhaps even changing their identity for them. States Parties may also be required to receive foreign victims and witnesses, if their safety is compromised within their own State. Therefore, immigration authorities should grant preferential treatment to these people.
The appropriate type of protection for each situation should be taken into account. For example, witness protection programs in North America are successful largely because of the size of the continent and the varied ethnic and racial background of the population. Both of these factors make it easier for strangers to blend into a new community, than if they all came from a relatively small, homogeneous country. Som
> 1 2 3 ... 266 267 268 ... 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
