'Reparations to victims - ICC proceedings' in document 'Sweden: ICC Cooperation Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ADMISSION AND ENFORCEMENT OF RULINGS FOR REPARATIONS TO VICTIMS OF CRIME

SECTION 29
A ruling concerning reparations to victims of crime made by the International Criminal Court and which has entered into final force, applies in Sweden and shall upon application be enforced here, unless otherwise prescribed by the second paragraph.
Such ruling does not apply in Sweden and may not be enforced here
1. if the recognition or enforcement of the ruling is manifestly incompatible with the fundamental principles of the Swedish legal system, or
2. if a ruling that has entered into final force concerning the same matter has been made in Sweden before such time.
An application in accordance with the first paragraph may be made by the person who has been awarded reparations by the ruling. The International Criminal Court may also make such an application if it has been decided that reparations to victims of crime should be paid out through a special trust fund for victims of crime.

SECTION 30
If an action for reparations has been instituted at a Swedish court in a matter that is already the subject of proceedings at the International Criminal Court and if the proceedings at the Court may result in a ruling that applies in Sweden according to Section 29, the action shall be dismissed or a stay of the proceedings declared pending the ruling of the International Criminal Court entering into final force.

SECTION 31
An application for enforcement in accordance with Section 29 shall be considered by Svea Court of Appeal. The application may relate to part of the ruling.
The original ruling or a certified copy, together with a certificate that the ruling has entered into final force, shall be appended to the application.
An application for enforcement may not be granted unless the person ordered to make reparations has been given an opportunity to state his or her views on the application.
Enforcement shall take place in the same way as applies to a judgment of a Swedish court that has entered into final force.

RELEVANT ROME STATUTE PROVISIONS

Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.