Spans in 'Trinidad&Tobago - 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 'Trinidad&Tobago - 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 'Trinidad&Tobago - ICC Act'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—

(vii) the temporary transfer of prisoners;

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Temporary Transfer of Prisoners

95.
(2) The Attorney General may give authority for the request to proceed if he 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.

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Temporary Transfer of Prisoners

97.
(2) If the Attorney General authorizes the temporary transfer of the prisoner to the ICC, he may—
(a) direct that the prisoner be released from the prison in which he is detained, for the purpose of the transfer to the ICC; and
(b) make arrangements for the prisoner to travel to the ICC in the custody of—
(i) a police officer;
(ii) a prison officer; or
(iii) a person authorized for the purpose by 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.