'Compensation - ICC proceedings' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II: COOPERATION WITH THE COURT
SECTION IV: FURTHER PROVISIONS

Art. 15 Compensation

1 Provisions of federal law governing the compensation for unjustified detention and other disadvantages shall apply by analogy to proceedings against persons pursuant to a request of the Court that are conducted in Switzerland in accordance with this law.

2 Compensation may be reduced or denied if the person has provoked the investigation or detention through his fault or has, without reason obstructed or delayed the proceedings.

3 Compensation for detention in Switzerland pending surrender may also be reduced if the Court:
a. withdraws its request for arrest for the purpose of surrender; or
b. does not submit its request for surrender with supporting documentation within the deadline set.

4 Compensation shall be refused to the extent that the Court has awarded or denied compensation in accordance with article 85 of the Statute.

RELEVANT ROME STATUTE PROVISIONS

Article 85
Compensation to an arrested or convicted person
1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.