'Release prior to surrender' 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

§ 3. Arrest

Section 20

1. The investigating judge may order, on his own initiative, on the application of the public prosecutor or at the request of the person claimed or his counsel, that on account of urgent and exceptional circumstances the deprivation of liberty in accordance with the provisions of § 3 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
2. Section 16, subsections 2-5, shall apply mutatis mutandis.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 4. Hearing and ruling by the District Court

Section 26

3. The District Court may, on its own initiative, on the application of the public prosecutor or at the request of the person claimed or his counsel, order that on account of urgent and exceptional circumstances the deprivation of liberty pursuant to the provisions of § 4 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
4. Section 16, subsections 2-5 shall apply mutatis mutandis.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.