'Rights during investigation - questioned in presence of counsel' 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

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.

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:
3 The person shall be questioned briefly regarding personal circumstances and whether and for what reasons the person objects to the surrender; the person’s counsel may assist at this hearing.

CHAPTER IV: OTHER FORMS OF COOPERATION

SECTION II: SPECIFIC FORMS OF COOPERATION

Art. 35 Questioning of a suspect

1 Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court, the person shall also have the following rights in addition to those provided in article 34:

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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.