CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT

SECTION II: DETENTION PENDING SURRENDER AND SEIZURE

Art. 18 Search, arrest and seizure

1 Requests for search and arrest shall contain:
a. information as accurate and complete as possible describing the person sought, including information as to the person’s probable location;
b. a short statement of the facts including, where possible, the date and place of the act;
c. a statement of the existence of a valid warrant of arrest or a judgment of conviction against the person;
d. a statement that a request for surrender will follow.

2 If the Central Authority honors the request, it shall initiate a search for the person and order the arrest and, if necessary, search of the person.

3 Upon arrest, objects and assets shall be seized that may serve as evidence in proceedings before the Court or that derive from the criminal act.

4 Arrest and seizure shall be reported to the Central Authority. The Central Authority shall inform the Court immediately and ask the Court to make a request for surrender.

Art. 19 Warrant for arrest pending surrender

1 In anticipation of arrest or immediately after arrest the Central Authority shall issue a warrant for arrest pending surrender. The warrant shall include:
a. information concerning the person being prosecuted and the alleged act;
b. notification that the Court is asking for the surrender of the person;
c. notice of the right to appeal as provided in paragraph 4 and of the right to counsel.

2 If the person is not fit to remain in detention or if otherwise justified, the Central Authority may, after informing the Court and giving full consideration to the Court’s recommendations, order security measures other than detention.

3 Upon presentation of the warrant for detention pending surrender, the executing authorities shall ascertain whether the person is identical to the person designated in the request. The authorities shall explain to the person the conditions for surrender and for simplified surrender (art. 23). The person shall be questioned briefly regarding personal circumstances and whether and for what reasons the person objects to the warrant or to the surrender; the person’s counsel may assist at this hearing.

4 The warrant for detention pending surrender may be appealed within ten days of written presentation of the warrant; appeals must be lodged with the Federal Supreme Court. Articles 214 et seq. of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy.

Art. 20 Detention pending surrender

1 Detention pending surrender generally shall be maintained throughout the proceedings.

2 Detention may exceptionally be lifted at any stage of the proceedings if it appears justified under the circumstances. The person may at any time submit an application for interim release. Before reaching a decision, the Central Authority shall inform the Court and give full consideration to the Court’s recommendations. The decision of the Central Authority may be appealed within ten days of written presentation of the decision; appeals must be lodged with the Federal Supreme Court. Articles 214 et seq. of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy.

3 If the person already is being held in pre-trial detention or is serving a prison sentence, the warrant for detention pending surrender shall have the following effects in particular, subject to other instructions of the Court:
a. Without approval of the Central Authority, the person may neither be released nor deported from Switzerland.
b. Approval of the Central Authority shall be necessary for alleviation of the conditions of detention.
c. Visitation rights may only be granted and correspondence may only be censored in agreement with the Central Authority.

Art. 21 Release from detention pending surrender

1 If the request for surrender and supporting documentation are not received by the Central Authority, the Central Authority shall release from the detention pending surrender at the latest 60 days after the arrest.

2 If the person already is being held in pre-trial detention or is serving a prison sentence, the period of time in paragraph 1 shall begin upon transfer into detention pending surrender.

3 A release from detention as provided in paragraph 1 shall not prejudice subsequent arrest and surrender, if the request for surrender and supporting documentation are transmitted at a later time.

4 Articles 53–60 of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy to suspension of detention.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender
shall immediately take steps to arrest the person in question in accordance with its laws and the
provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the
custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial
State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial
State shall consider whether, given the gravity of the alleged crimes, there are urgent and
exceptional circumstances to justify interim release and whether necessary safeguards exist to
ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be
open to the competent authority of the custodial State to consider whether the warrant of arrest
was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make
recommendations to the competent authority in the custodial State. The competent authority in
the custodial State shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic
reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.