'Rights during investigation - informed of belief that crime has been committed' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 2. Provisional arrest

Section 14

After the person claimed has been questioned in accordance with article 55, paragraph 2, and article 59, paragraph 2 of the Statute, the public prosecutor may order that he be detained in police custody for three days from the moment of the provisional arrest.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 3. Arrest

Section 18

2. The person claimed shall be brought before the public prosecutor within 24 hours of his arrest. After questioning the person claimed in accordance with article 55, paragraph 2, and article 59, paragraph 2 of the Statute, the public prosecutor may order that he be detained in police custody until the date on which the District Court decides on his remand in custody.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 4. Hearing and ruling by the District Court

Section 21

2. A copy of the application required in accordance with subsection 1 shall be served on the person claimed. He shall be informed in this connection of the facts for which his surrender has been requested, together with the moments and places at which they were committed, and that the request is for his surrender to the ICC. The first and second sentences shall also apply in cases where the public prosecutor supplements or changes his application following a request received subsequently. The person claimed shall be informed of the receipt of additional documents which added to the file.

RELEVANT ROME STATUTE PROVISIONS

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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court

ANALYSIS

This provision follows the ICC Statute.