Spans in 'New Zealand - ICC Act' tagged with 'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority

'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings' in document 'New Zealand - ICC Act'

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More information about the keyword 'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings'
More information about the document 'New Zealand - ICC Act'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Temporary transfer of prisoners

95.
Request for temporary transfer of prisoner—

(1)This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a New Zealand prisoner.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(b)the prisoner's attendance is sought for the purposes of identification or for obtaining evidence or other assistance.

Cf Statute, articles 93(1)(f) and (7)

PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

145.
Transfer of prisoner to ICC for other purposes—

(2)The Minister,—

(a)if subsection (1)(a) applies, must direct that the ICC prisoner be transferred to the ICC:

(b)if subsection (1)(b) applies, may direct that the ICC prisoner be transferred to the ICC if the Minister is satisfied that the interests of justice require the prisoner's attendance at the ICC.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7

7. (a) The Court may request the temporary transfer of a person in custody for purposes
of identification or for obtaining testimony or other assistance. The person may be transferred if
the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that
State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the
transfer have been fulfilled, the Court shall return the person without delay to the requested State.