'Rights during investigation - questioned in presence of counsel' 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.

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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

ANALYSIS

This provision follows the ICC Statute.