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PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for Surrender
43. (3) The person is eligible for surrender if—
(c) the Court is satisfied that the person was arrested in accordance with the proper process as provided in article 59(2)(b) of the Statute; and
(d) the Court is satisfied that the person’s rights were respected as provided in article 59(2)(c) of the Statute.
(4) Neither subsection (3)(c) nor subsection (3)(d) applies unless the person puts the matter at issue.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for Surrender
43. (3) The person is eligible for surrender if—
(c) the Court is satisfied that the person was arrested in accordance with the proper process as provided in article 59(2)(b) of the Statute; and
(d) the Court is satisfied that the person’s rights were respected as provided in article 59(2)(c) of the Statute.
(4) Neither subsection (3)(c) nor subsection (3)(d) applies unless the person puts the matter at issue.
(5) Notwithstanding subsection (3), the person is not eligible for surrender if he satisfies the Court that a mandatory restriction on the surrender of the person specified in section 55(1), applies.
(6) Notwithstanding subsection (3), in the proceedings under this section—
(a) the person to whom the proceedings relate is not entitled to adduce, and the Court is not entitled to receive evidence to contradict an allegation that the person has engaged in conduct that constitutes the offence for which the surrender is sought; and
(b) in the case of a person accused of an offence, nothing in this section requires evidence to be produced or given at the hearing to establish, according to the law of Trinidad and Tobago, that the trial of the person would be justified if the conduct constituting the offence had occurred within the jurisdiction of Trinidad and Tobago.
44. (1) The Court may adjourn the hearing for such period as it considers reasonable to allow a deficiency to be remedied if—
(a) a document containing a deficiency or deficiencies of relevance to the proceedings are produced; and
(b) the Court considers the deficiency to be of a minor nature.
(2) Subsection (1) does not limit the circumstances in which the Court may adjourn a hearing.
45. (2) The High Court may accept the notification of consent under subsection (1), if—
(a) the person is before the Court when notification of the consent to surrender is given;
(b) the person has been legally represented in the proceedings; and
(c) the Court is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Eligibility for Surrender
46. (2) If this section applies, the Court shall—
(c) inform a person to whom subsection (1)(a) applies that—
(ii) during that time the person has the right to make an application for a writ of habeas corpus; and
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Surrender and Temporary Surrender
47. (3) The Attorney General must not make a surrender order in respect of a person until the later of the following times:
(b) if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pend¬ing, until after the date that the proceed¬ings are finally determined and the result is that the person is eligible to be surrendered.
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Surrender and Temporary Surrender
47. (4) Nothing in subsection (3) applies to—
(b) a person to whom section 43 applies but who has, in accordance with section 70, notified the Minister that he has waived—
(i) the right to make an application for a writ of habeas corpus within fifteen days after the date of the issue of the warrant; and
(c) a person whom the Court determines is eligible for surrender for two or more international crimes and who, under section 70, has waived—
(i) the right to make an application for habeas corpus within fifteen days after the date of the issue of the warrant; and
PART IV
ARREST AND SURRENDER OF PERSON TO ICC
Appeals against Determinations of Eligibility for Surrender
70. Without limiting section 45, a person whose surrender is sought may, by a waiver in the prescribed form, waive the following rights:
(a) the right to make an application for a writ of habeas corpus within fifteen days after the issue of a warrant of detention; and
PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Questioning Persons
90. (2) If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the ICC and that he has the right—
(a) to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(b) to have legal assistance of the person’s choosing, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and
(c) to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.
(3) If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.
Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.