Spans in 'Belgium Cooperation Act 2004' tagged with 'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority

'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings' in document 'Belgium Cooperation Act 2004'

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More information about the keyword 'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings'
More information about the document 'Belgium Cooperation Act 2004'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION I PRINCIPLES

Article 22
Requests for assistance from the Court in relation to an investigation or prosecution must be addressed directly to the central authority.
In accordance with article 93 of the Statute, such requests may include any act that is not prohibited by Belgian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. They concern in particular:
(6) the temporary transfer of persons as provided in article 27 of this law;

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION IV RULES SPECIFIC TO CERTAIN REQUESTS FOR ASSISTANCE

Article 27
In accordance with article 93, paragraph 7 of the Statute, any person in custody in Belgium may at the request of the Court be transferred temporarily for purposes of identification or for obtaining testimony or other assistance.
The person may be transferred if the following conditions are fulfilled:
(1) the person freely gives his or her informed consent to the transfer; and
(2) the central authority agrees to the transfer to the Court, subject to such conditions as may be agreed between them.
The temporary transfer of persons in custody shall be arranged by the central authority in conjunction with the Registrar and the authorities of the host State of the Court.
The time applying to detention on remand shall be suspended for the duration of the absence of the person in question from the territory.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7

7. (a) The Court may request the temporary transfer of a person in custody for purposes
of identification or for obtaining testimony or other assistance. The person may be transferred if
the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that
State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the
transfer have been fulfilled, the Court shall return the person without delay to the requested State.