'Admissibility challenge - ne bis in idem - consultations with the Court' in document 'Belgium Cooperation Act 2004'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER IV ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
SECTION I REQUESTS FOR ARREST AND SURRENDER

Article 13
5. Where the appeal is based on a violation of the principle of non bis in idem, the time period within which the indictment chamber must rule shall be suspended as from the time of the appeal until the receipt by the central authority of the response of the Court to the consultations entered into pursuant to article 89, paragraph 2 of the Statute.

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER IV ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
SECTION II REQUESTS FOR PROVISIONAL ARREST

Article 14
4. The person under provisional arrest shall be brought within five days before the chambre du conseil of the place where the person has his or her residence or was found. It shall verify that there was no mistake as to the identity of the person and that the supporting material referred to in article 92, paragraph 2 of the Statute has been provided. After hearing the public prosecutor, the person charged and the latter’s counsel, the chambre du conseil shall decide within the time period referred to above whether it is warranted to maintain the provisional arrest. In the event of a challenge to the provisional arrest on the basis of a violation of the principle of non bis in idem, the time period within which the chambre du conseil must rule on this point shall be suspended for the duration of the consultations between the central authority and the Court referred to in article 89, paragraph 2 of the Statute.
5. The public prosecutor and the person charged may lodge an appeal before the indictment chamber within 24 hours of the order of the chambre du conseil. The person charged shall remain in custody until the end of that time period. The indictment chamber shall rule within eight days of hearing the public prosecutor, the person charged and the latter’s counsel. If the appeal hinges on a challenge for a violation of the principle of non bis in idem, the time period within which the indictment chamber must rule on this point shall be suspended for the duration of the consultations between the central authority and the Court referred to in article 89, paragraph 2 of the Statute. The person charged shall remain in custody pending a ruling on the appeal.

RELEVANT ROME STATUTE PROVISIONS

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.