rcement of the sentence by the receiving State that will administer the sentence.
The sentence of imprisonment is binding
After acceptance by the State designated to enforce the Court's sentence, article 105 provides that the sentence of imprisonment is binding. Subject to certain conditions previously specified in article 103, a State cannot modify the sentence on its own initiative. However, in the event of new circumstances arising which did not exist at the time of acceptance and which substantially affect the terms or length of imprisonment, the State must notify the Court to review the situation and if necessary, transfer the sentenced person to another State (article 103 (2)). Article 104 also makes it possible for the Court to transfer the sentenced person to another State at any time it considers it necessary to do so.
In summary, it can be stated that the imprisonment part of the sentence is binding on the State Party that accepts the sentenced person and is subject to modification only by the Court, or in consultation with the Court in accordance with article 103 (2)(a).
The supervision of enforcement of sentences
and the conditions of imprisonment
With respect to the supervision of enforcement of sentences and the conditions of imprisonment, article 106 makes it clear that the Court has primacy and is the body with the authority to make any significant decisions that have to be made in the execution of the sentence. Article 106 (2) also provides that the conditions of imprisonment shall be governed by the law of the State of enforcement and "shall be consistent with widely accepted international treaty standards governing treatment of prisoners". Furthermore, the conditions may be neither more nor less favourable than national prisoners.
Article 106 (3) reconfirms that the Court is in charge of supervising the terms of imprisonment by declaring unequivocally that "communications between a sentenced person and the Court shall be unimpeded and confidential". The State must facilitate communication between the prisoner and the Court to ensure implementation of this obligation.
After completion of the sentence
Article 107 provides what is to be done after completion of the sentence and must be read with article 108 on the limitations involved on the prosecution or punishment of other offences. Article 107 provides for the transfer of the person who is not a national of the State of enforcement, extradition or surrender to a requesting State.
Article 108 can be viewed as a kind of specific description of the rule of specialty. It provides for an individual right to protect a person who is under sentence or who has served their sentence, from prosecution or extradition unless the Court approves the request from the State of enforcement. However, article 108 (2) states that the Court can only rule on the request of the State of enforcement "after having heard the views of the sentenced person".
Obligations
If a State chooses to accept sentenced persons, appropriate procedures will need to be put in place to respect the letter and spirit of this requirement. In particular, States of enforcement must comply with articles 103 (1)(c) & 2(a),105, 106 & 108.
Implementation
This may necessitate both legislative and administrative changes on the part of the accepting State.
Review by the Court for reduction of sentences
Description
Article 110 makes it clear that the Court alone has the right to reduce the sentence after having heard from the sentenced person. A review of the sentence by the Court shall take place when the person has served two thirds of the sentence, or 25 years in the case of life imprisonment. The Court
> 1 2 3 ... 273 274 275 ... 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
