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

Article 16
1. In accordance with article 59, paragraph 3 of the Statute, the person arrested shall have the right to apply to the indictment chamber for interim release pending surrender, by means of a request for release.
2. In accordance with article 59, paragraph 5 of the Statute, the Pre-Trial Chamber of the Court shall be notified of any request for interim release and shall make recommendations in this respect. The indictment chamber shall give full consideration to such recommendations before rendering its decision. Should the indictment chamber not follow the recommendations of the Court, it shall expressly give the grounds for its decision.
3. The indictment chamber shall rule within eight days of the lodging of the application after hearing the public prosecutor, the person charged and his or her counsel. When ruling, the indictment chamber shall consider, in the light of the gravity of the crimes alleged, whether the urgency and exceptional circumstances warrant interim release. In such a case, it shall stipulate the conditions ensuring that Belgium can fulfil its obligation to deliver the person to the Court. The indictment chamber is not empowered to examine whether the arrest warrant was issued lawfully by the Court.
4. In accordance with article 59, paragraph 6 of the Statute, if the person is granted interim release, the Pre-Trial Chamber of the Court may request the central authority to provide periodic reports of the status of the interim release.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.