'Rights during investigation - legal assistance' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 3. COOPERATION AS REFERRED TO IN ARTICLE 93 OF THE STATUTE
§ 2. Actions of the public prosecutor and the investigating judge
Section 51
1. An application as referred to in section 50, subsection 3, has the same legal consequences as an application to initiate a preliminary judicial investigation (gerechtelijk vooronderzoek), in respect of:
(d) legal assistance by counsel;

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 23

3. At the hearing, the person claimed may be assisted by his counsel.

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:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it

ANALYSIS

This provision follows the ICC Statute.