IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Mandatory Defence in the Surrender Procedure of the Accused Person

Article 21

The accused person sought by the International Criminal Court to be surrendered must have a Defence Counsel from the very first interrogation and during the entire surrender procedure.

Should the accused person fail to secure a Defence Counsel personally within three hours from the point s/he was advised on his/her right or should s/he state that s/he shall not hire a Defence Counsel, President of the competent court shall assign to him/her an Ex-Officio Lawyer selected from among the lawyers listed in order, the list being submitted by the competent Bar Association.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Arrest of the Accused Person

Article 23

The accused person arrested relative to paragraph 1 of this Article shall have all the rights which any arrested person may have in accordance with the Criminal Procedure Code.

Article 55
Rights of persons during an investigation
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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.