V. CHALLENGING ADMISSIBILITY

Article 9

(4) With regard to arrest, detention and surrender of a person at the request of the Court following their decision on the admissibility of a matter, the Ministry, in co-operation with the competent national bodies, shall proceed in accordance with the provisions of this Act and the act regulating criminal proceedings.

VI. ARREST, DETENTION AND SURRENDER OF A PERSON TO THE INTERNATIONAL CRIMINAL COURT

Article 11

(1) The ministry shall send a request from the Court that is complete in terms of Article 91 of the Statute, together with appurtenant documentation, to the district court on whose territory the person is located and the Supreme Court of the Republic of Slovenia.
(2) The investigating judge of the district court of jurisdiction shall issue an order for the production of the person whose surrender is requested.
(3) If the permanent or temporary address of the person is unknown, or if the person cannot be found at the address at which he resides, the bodies referred to in the first and second paragraph of this article shall take all necessary steps within their competences to locate and arrest the person. Unsuccessful search and arrest attempts shall be immediately reported to the Secretary.



Article 12

(1) A person whose surrender is requested must be surrendered to the Court as soon as possible.
(2) In order to secure the successful arrest and surrender of a person to the Court, the investigating judge of the district court of jurisdiction may order measures to be taken against the person whose surrender is requested to ensure the accused person's presence, to eliminate the danger of re-offending, and for the successful conduct of criminal proceedings, by applying mutatis mutandis the provisions of the act regulating criminal proceedings.
(3) After the investigating judge has issued a ruling, the person whose surrender has been requested may be detained for a maximum of 30 days.
(4) The investigating judge shall serve the Court’s request for arrest and surrender on the person.
(5) The detention referred to in the third paragraph of this article may be extended by means of a ruling of a panel of the Supreme Court of the Republic of Slovenia, but it may not exceed a total of nine months. An appeal may be filed against a ruling of the Supreme Court of the Republic of Slovenia within 48 hours, to a panel of five judges of the Supreme Court of the Republic of Slovenia; such an appeal, however, shall not stay enforcement of the ruling. The panel of the Supreme Court of the Republic of Slovenia must rule on the appeal without delay.
(6) The Supreme Court of the Republic of Slovenia must ex officio confirm the existence of grounds for detention under this article every two months.
(7) The domestic court must immediately inform the Prosecutor and the Secretary of the arrest of a person under this article.
(8) The provisions of this article shall be applied mutatis mutandis for placement under house arrest.

Article 13

(1) A panel of the Supreme Court of the Republic of Slovenia shall decide on the surrender of a person to the Court. An appeal may be filed against the decision of the panel of the Supreme Court of the Republic of Slovenia within 48 hours, to a panel of five judges of the same court, but an appeal shall not stay enforcement of the decision. The panel of five judges of the Supreme Court of the Republic of Slovenia must rule on the appeal without delay.
(2) After receiving the ruling of the Supreme Court of the Republic of Slovenia, the surrender of the person shall be ordered without delay by the minister responsible for justice, and be carried out by authorised officers of the ministry responsible for internal affairs, in co-operation with authorised officers of the Ministry. The method of surrender shall be agreed by the Ministry and the Secretary for each individual case.
(3) It shall be considered that a person has been surrendered to the Court when the Court assumes actual (physical) authority over the person, regardless of whether this takes place on the territory of the Republic of Slovenia or in another state.
(4) In a case in which authorised persons of the Court assume actual (physical) authority of a person on the territory of the Republic of Slovenia, the police authorities and authorised personnel of the Ministry must, pursuant to their own authority, provide all assistance required to perform the task of surrender of the person to the Court, and in particular, escorting, ensuring security, technological and logistical support etc.
(5) In the case of surrender of a person to the Court under this Act, the provisions concerning the procedure for extradition of accused and convicted persons under the statute regulating criminal proceedings shall not be used.

Article 14

(1) For a person arrested on the basis of the provisions of this Act, the provisions of the act regulating criminal proceedings shall be applied mutatis mutandis with regard to legal counsel.
(2) Legal counsel appointed ex officio shall be dismissed immediately after the person's release or surrender to the Court.

Article 15

(1) The proposals, legal remedies, statements and communications of a person detained on the basis of a request of the Court shall be forwarded to the Secretary without delay. Domestic bodies shall handle them within the jurisdiction they hold under this Act and the act regulating criminal proceedings.
(2) All domestic bodies must decide on a priority basis and without delay on all proposals and legal remedies submitted by a person detained on the basis of this Act or whose surrender the Court requests.
š
Article 16

When ruling on a request for detention and on a request for arrest and surrender of a person to the Court, domestic bodies shall not judge the accuracy of the contents of the aforementioned documents and procedures. They shall always be obliged to act in compliance with the requests and tasks of the court when the following conditions are fulfilled:
- that requests of the Court are complete in terms of the provisions of the Statute;
- that the identity of the person against whom the requested actions are to be taken has been confirmed
- that the matter is within the jurisdiction of the Court as acknowledged by the Republic of Slovenia under this Act.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.