'Questioning of persons - national procedures for ICC proceedings' in document 'Austria: Cooperation with the ICC'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions
Section 2

17. Questioning of suspects
1. Persons questioned pursuant to a request from the International Criminal Court on suspicion of having committed a crime within its jurisdiction shall, prior thereto, be informed of the crime they are suspected of and of their right to:
(1) remain silent without having to fear that such silence will be taken into consideration in the determination of their guilt or innocence;
(2) be represented by the counsel of their choice, and, where they have no counsel, to be assigned counsel pursuant to paragraph 41(2) of the Code of Criminal Procedure;
(3) be questioned in the presence of counsel, unless they waive this right expressly and voluntarily.
2. Such reference to their rights and the corresponding statement by the persons to be questioned shall be noted in the record. Where the conditions of paragraph 41(2) are fulfilled and the person demands to be questioned in the presence of counsel without any application for assignment of counsel, the procedure in paragraph 41(4) of the Code of Criminal Procedure shall apply.

Part 2
Specific provisions

Section 2

19. Disclosure and transmission of information affecting national security

6. Prior to being questioned on the basis of a request for judicial assistance from the International Criminal Court, a person shall be informed of his/her right to refuse to 8
answer in order to prevent the disclosure of confidential information relating to national security. This shall be noted in the record. The admissibility of the request for judicial assistance in such cases shall be decided upon in the light of paragraphs 2 to 4 above.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted