cement of judgments of the Court. The Court may order that money and other property be transferred to the Trust Fund. States Parties therefore need legislation and administrative procedures to allow them to transfer money and property to the Court or to the Trust Fund, in accordance with the relevant order of the Court. Their mutual legal assistance legislation should contain similar provisions, which will probably only require minor amendment.
3.13 Enforcement of Sentences of Imprisonment
The Statute provides that States Parties are not required to accept sentenced persons, in order to enforce sentences imposed by the Court. This is a voluntary commitment (article 103). When States are considering whether to volunteer for such a role, they should however take into account the positive effect that this would have on the efficient functioning of the Court. The Court will have only very limited detention facilities at the Hague, so it will be relying almost entirely on States to enforce its sentences of imprisonment in national detention facilities. If there is a shortage of suitable facilities, this may create administrative difficulties for the Court and may lead to challenges by convicted persons to the conditions of their detention, if the facility at the Hague becomes overcrowded. Such challenges would take up the time of the Court and thus may interfere with the carrying out of its investigations and prosecutions. States may wish to ensure that their nationals, at least, are imprisoned in facilities that the State has jurisdiction over, to ensure that their conditions of imprisonment are in accordance with the person's rights under national laws. Thus, there are a number of good reasons for States Parties to volunteer to accept sentences persons from the Court.
Accepting sentenced persons
Description
States Parties will need to determine if they are prepared to be a willing party to accept sentenced persons. In the process of doing so, they will need to determine what conditions they may wish to attach to acceptance, which are to be agreed upon by the Court (article 103 (1)(b)). Consideration to agreements between the Court and States Parties may be appropriate to govern the relationship under this part.
Obligations
States are not obliged to accept sentenced persons by the ICC. However, if they do so, they must abide by the terms of the agreement with the Court.
Implementation
A revision of national legislation may be needed, with particular attention being paid to such matters as privacy of communication by sentenced persons with the Court and transfer of sentenced persons.
Sentences of Imprisonment
Description
Article 103 provides for a sentence of imprisonment imposed by the Court to be served in a designated State which the Court has selected from a list of States willing to accept the sentenced person. A State that has indicated its willingness to accept sentences to be served in their system may attach conditions agreed upon by the Court. However, a State of enforcement must notify the Court if these conditions or any other circumstances could materially affect the terms or extent of the imprisonment (article 103 (2)).
Article 103 (3) recognizes that the process of selection and designation by the Court is based on several governing principles. This includes "the principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with the principle of equitable distribution, as provided in the Rules of Procedure and Evidence". Other principles include the application of widely accepted international treaty standards, the views and nationality of the sentenced person and such other factors appropriate to the enfo
> 1 2 3 ... 272 273 274 ... 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
