'Compensation - ICC proceedings' 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
ยง 7. Other provisions
Section 44
1. In cases in which surrender has been declared inadmissible by a final and conclusive judgment, the Hague District Court may, at the request of the person claimed, award him compensation against the State for the damage which he has suffered as a consequence of the deprivation of liberty ordered under this Act. For this purpose damage includes non-pecuniary damage. Article 89, paragraphs 3, 4 and 6, and articles 90, 91 and 93 of the Code of Criminal Procedure shall apply mutatis mutandis.
2. In cases as referred to in subsection 1, articles 591 and 591a of the Code of Criminal Procedure shall apply mutatis mutandis to the reimbursement of costs and damage to the person claimed or his heirs. The Hague District Court shall for this purpose replace the court referred to in article 591, paragraph 2 of the Code of Criminal Procedure.

RELEVANT ROME STATUTE PROVISIONS

Article 85
Compensation to an arrested or convicted person
1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.