'Release prior to surrender' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 4
Cooperation With and Assistance To Court In or Outside South Africe (ss 8-32)

Part 1
Cooperation with court: arrest of persons and their surrender to court (ss 8-13)

13 Discharge of persons not surrendered

(1) Where the Court informs the Central Authority that a person arrested in terms of this Act is no longer required to be surrendered to it or into the custody of a state for purposes of serving a sentence imposed by the Court, as the case may be, the Central Authority must inform the magistrate who ordered the surrender accordingly.

(2) The magistrate concerned must, on receipt of such notification, immediately cancel the order referred to in section 10 (5) and cause the person in question to be released from custody if he or she is in detention.

CHAPTER 4
COOPERATION WITH AND ASSISTANCE TO COURT IN OR OUTSIDE SOUTH AFRICA (ss 8-32)

Part 1
Cooperation with court: arrest of persons and their surrender to court (ss 8-13)

10 Proceedings before competent court after arrest for purposes of surrender

(8) (a) No order for the surrender of any person may be executed-

(e) If an appeal in terms of-

(i) paragraph (b) is upheld, the Registrar of the High Court concerned must notify the magistrate in question accordingly, who must, in turn, immediately cancel the order referred to in section 10 (5), notify the Court thereof through the Central Authority and cause the person who lodged the appeal to be released from custody if he or she is in detention;

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.