PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Person in Transit

136. (1) This section and sections 137, 138 and 150 to 156 apply to a person (hereinafter referred to as “the transferee”) who—
(c) is a person sentenced to imprisonment by the ICC and who is being transferred to or from the ICC, or between States, in connection with that sentence.

PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Trinidad and Tobago

140.
(3) The Attorney General may, at any time, ask the ICC to give one or more of the following assurances:

(b) that the ICC will arrange for the trans¬portation of the ICC prisoner who is the subject of the designation—
(i) to Trinidad and Tobago, for the purpose of enabling his or her sentence to be enforced in Trinidad and Tobago; or


(ii) from Trinidad and Tobago, on the completion of the sentence, or if the ICC prisoner is to be transferred to another country; and
(c) an assurance relating to such other matters as the Attorney General thinks appropriate.
141. (1) If the Attorney General accepts the designation of Trinidad and Tobago as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Trinidad and Tobago in the custody of—
(a) a police officer;
(b) a prison officer; or
(c) a person authorized for the purpose by the ICC.
(2) On arrival in Trinidad and Tobago or, if the person is already in Trinidad and Tobago when the sentence is imposed, on the imposition of the sentence, the ICC prisoner shall be detained in accordance with the Prisons Act, 1954 as if the prisoner had been sentenced to imprisonment under Trinidad and Tobago law.

PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of Sentences in Trinidad and Tobago

141. (1) If the Attorney General accepts the designation of Trinidad and Tobago as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Trinidad and Tobago in the custody of—
(a) a police officer;
(b) a prison officer; or
(c) a person authorized for the purpose by the ICC.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.


Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. 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; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.