Spans in 'Switzerland: Law on Cooperation with the ICC' tagged with 'Transfer of the person upon completion of sentence'

'Transfer of the person upon completion of sentence' in document 'Switzerland: Law on Cooperation with the ICC'

Jump to:

More information about the keyword 'Transfer of the person upon completion of sentence'
More information about the document 'Switzerland: Law on Cooperation with the ICC'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

Art. 16 Principle

3 If a Swiss citizen is surrendered to the Court, the Central Authority shall request the repatriation of the citizen upon completion of the proceedings.

RELEVANT ROME STATUTE PROVISIONS

Article 107
Transfer of the person upon completion of sentence
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.