'Reparations to victims - ICC proceedings' in document 'Malta: ICC Act 2003'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 4
ENFORCEMENT OF SENTENCES AND ORDERS
12. The Minister may make regulations to provide for the enforcement in Malta of -
(a) fines or forfeitures ordered by the ICC, and
(b) orders by the ICC against convicted persons specifying reparations to, or in respect of victims, and in particular and without prejudice to the generality of that power may make regulations which -
(i) authorise the Minister to appoint a person to act on behalf of the ICC for the purposes of enforcing the order and to give that person such directions as appear necessary to the Minister;
(ii) require the registration in the Public Registry of any order to which this article applies and providing for the effects of such registration;
(iii) apply all or any of the provisions relating to the enforcement in Malta of orders of a court of a country or territory outside Malta;
(iv) provide that the reasonable costs for and incidental to the registration and enforcement of an order are recoverable as if they were sums
recoverable under the order;
(v) provide for the recovery of fines as a civil debt or for the conversion into imprisonment or detention of any such fines in default of payment:
Provided that different provision may be made for different kinds of order.

RELEVANT ROME STATUTE PROVISIONS

Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.