Part VI – Enforcement of Penalties

Enforcement of ICC Sentences in Uganda

67. Uganda may act as State of enforcement.
(1) The Minister may notify the ICC that Uganda is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve those sentences in Uganda, subject to any conditions consistent with the State and Rules, specified in the notification.

(2) The Minister shall, before issuing a notification under subsection (1) consult with the Minister responsible for internal affairs.

68. Request for sentence to be served in Uganda.
(1) Where –

(a) the Minister has issued a notification under section 67 and has not withdrawn that notification and the ICC imposes a sentence of imprisonment under the Statute on a person –

(i) convicted of a crime; or

(ii) convicted of an offence against the administration of justice; and

(b) the ICC designates Uganda, under article 103 of the Statute, as the State in which the sentence is to be served,

the Minister shall consider whether to accept the designation.

(2) The Minister may accept the designation of Uganda as the State in which the sentence is to be served if the Minister is satisfied that ICC has agreed to the conditions specified in the notification specified under section 67, and in the case of a prisoner who is not a Uganda citizen, the Minister responsible for internal affairs has consented to the sentence being served in Uganda.

69. Prisoner to be held in custody.
(1) Where the Minister accepts the designation of Uganda as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Uganda in the custody of a person authorised for the purpose by the ICC.

(2) On arrival in Uganda or, if the person is already in Uganda when the sentence is imposed, on the imposition of the sentence, the ICC prisoner shall be detained in accordance with the Prisons Act as if the prisoner had been sentenced to imprisonment under Uganda law.

(3) Notwithstanding anything in subsection (2) or in any other enactment –

(a) the ICC prisoner has the right to communicate on a confidential basis with the ICC, without impediment from any person;

(b) a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner.

(4) The enforcement of a sentence of imprisonment, including any decision to release of transfer the ICC prisoner shall be in accordance with Part 10 of the Statute and the Rules.

(5) The provisions of the Prisons Act relating to remission, review of sentences and parole shall not apply to a sentence imposed by the ICC.

70. Issue of statutory order for transfer of prisoner to Uganda.
(1) The Minister may issue a statutory order, in the prescribed form, for the transfer of an ICC prisoner to Uganda from another state if the consent of the Minister responsible for internal affairs to the sentence being served in Uganda has been obtained.

(2) The statutory order for the transfer of an ICC prisoner to Uganda authorises the transfer of the prisoner to Uganda to serve the sentence of imprisonment imposed by ICC in accordance with the enforcement conditions specified in the notification issued under section 67.

(3) The statutory order issued under subsection (1) shall –

(a) specify the name and date of birth of the prisoner to be transferred;

(b) specify the state from which the prisoner is to be transferred;

(c) state that the following have been obtained—

(i) the ICC’s agreement to the conditions referred to in subsection (2);

(ii) the written consent of prisoner or his or her representative to the sentence being served in Uganda; and

(iii) the consent of the Minister responsible for internal affairs to the sentence being served in Uganda.

71. Transfer if prisoner to ICC for review of sentence.
(1) Where the ICC, under article 110 of the Statute, decides to review the sentence of an ICC prisoner who is serving that sentence in Uganda, the Minister shall direct that the prisoner be transferred to the ICC, at the expense of the ICC, for the purposes of enabling the ICC to review the prisoner’s sentence.

(2) The ICC prisoner shall be transferred to and from the ICC in the custody of a person authorised for the purpose by the ICC.

72. Transfer of prisoner to another State to complete sentence.
(1) An ICC prisoner serving a sentence in Uganda may, at any time apply to the ICC to be transferred from Uganda to complete service of sentence in another state.

(2) Where an ICC prisoner of any nationality is to be transferred from Uganda to another State to complete that sentence, the prisoner may be transported from Uganda to that State in the custody of a person authorised for the purpose by the ICC at the expense of ICC.

Certificates and Removal Orders

73. Certificate giving temporary authority to remain in Uganda.
(1) A certificate issued by the Minister under this section—

(a) may be issued for a period, not exceeding three months, specified in the certificate;

(b) may, from time to time, be renewed for one further period not exceeding three month; and

(c) may, if the Minister thinks fit, order that the person named in the certificate be taken into custody.

(2) The certificate is, while it remains in force, sufficient authority for the person named in the certificate to remain in Uganda.

(3) If the Minister issues a certificate under subsection (1), the Minister may refer the person’s case to the Minister responsible for immigration for consideration under the Uganda Citizenship and Immigration Control Act and in that case, that Act applies for the purposes of this section, as if the person were a person required to hold a permit under the Uganda Citizenship and Immigration Control Act to be in Uganda.

(4) Except as provided in subsection (3), nothing in the Uganda Citizenship and Immigration Control Act applies to the person named in the certificate while the certificate is in force.

74. Cancellation of certificate.
The Minister shall cancel the certificate issued under section 73 and make a removal order under section 76 in respect of a person if—

(a) where the Minister has referred the person’s case to the Minister responsible for immigration under section 73(3) –

(i) the Minister responsible for immigration has declined to grant a permit under the Uganda Citizenship and Immigration Control Act; and

(ii) there do not appear to the Minister to be any other grounds on which the person should be permitted to remain in Uganda;

(b) in any other case, there do not appear to the Minister to be any other grounds on which the person should be permitted to remain in Uganda.

75. Further provisions relating to certificate.
(1) If a certificate issued under section 73 orders that a person be taken into custody, the certificate is sufficient authority for a police officer to arrest the person and take him or her into custody.

(2) A person who is taken into custody under this section shall, unless sooner released, be brought before a Registrar as soon as possible and, after that, every 15 days while the certificate is in force to determine, in accordance with subsection (3), if the person should be detained in custody or released pending the decisions referred to in section 74.

(3) If a person is brought before a Registrar under subsection (2), the registrar may, if the registrar is satisfied that the person is the person named in the certificate –

(a) issue a warrant for the detention of the person in custody if the Registrar is satisfied that, if not detained, the person is likely to abscond; or

(b) order the release of the person subject to such conditions, if any, that the Registrar thinks fit.

(4) A warrant for the detention of the person issued under subsection (3)(a) may authorise the detention of the person in a prison.

76. Removal order.
(1) A removal order made by the Minister under this section –

(a) may either –

(i) require the person who is the subject of the order to be released into or taken into the custody of a police officer; or

(ii) if the person is not in custody, authorise any police officer to take the person into custody; and

(b) shall specify that the person is to be taken by a police officer and placed on board any aircraft for the purpose of effecting the person’s removal from Uganda; and

(c) may authorise the detention in custody of the person while awaiting removal from Uganda.

(2) The removal order shall be served on the person named in the order by personal service.

(3) If the removal order authorises the detention of the person in custody, the person may be detained in a prison or at an airport.

(4) A removal order made under this section shall continue in force until it is executed or cancelled.

(5) In this section, “personal service”, in relation to a removal order, means personal delivery of the order to the person to whom it relates or, if the person refuses to accept the order, bringing the order to the person’s attention.

77. Delay in removal.
(1) If a person is not able to be conveyed out of Uganda within 48 hours after service of a removal order issued under section 76, the person shall be brought before a Registrar to determine, in accordance with subsection (2), whether the person should be detained in custody or released pending removal from Uganda.

(2) If a person is brought before a registrar under subsection (1), the Registrar may, if she or he is satisfied that the person is the person named in the order—

(a) issue a warrant for the detention of the person in custody if the Registrar is satisfied that, if not detained, the person is likely to abscond; or

(b) order the release of the person subject to such conditions, if any, that the Registrar thinks fit.

(3) A warrant for the detention of the person issued under subsection (2)(a) may authorise the detention of the person in any place specified in section 76(3).
78. Special rules in certain cases.
(1) An ICC prisoner serving a sentence in Uganda shall not—

(a) be extradited to another country on completion of his or her sentence; or

(b) be required to undergo trial for a Uganda offence that relates to an act or omission that occurred before the designation referred to in section 68(1)(b), without

(c) the prior agreement of the ICC.

(2) Subsection (1) shall not apply to an ICC prisoner who remains voluntarily in Uganda for more than 30 days after the date of completion of, or release from, the sentence imposed on him or her by the ICC or who voluntarily returns to Uganda after having left Uganda.

79. Immigration permit not required.
A person to whom this Part applies is not required to hold a permit under the Uganda Citizenship and Immigration Control Act if, and for so long as, he or she is in Uganda in accordance with the Part, whether or not he or she is in custody.

80. Ugandan citizens.
Nothing in this Part authorises the making of a removal order under section 76 in respect of a Ugandan citizen.

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 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.