'Rights during investigation - legal assistance' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

SECTION II: DETENTION PENDING SURRENDER AND SEIZURE

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.

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

SECTION III: DECISION TO SURRENDER

Art. 22 Right to be heard

2 The executing authorities shall explain to the person the conditions for surrender and for simplified surrender; the executing authorities shall also inform the person of the right:
b. to be defended by counsel of the person’s choosing or, if the person does not have counsel, to have the Central Authority assign counsel or, if applicable, an official counsel.

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:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it