PART IV
ARREST AND SURRENDER OF PERSON TO ICC

44. Application for bail -

(1) A person brought before a Judge under section 42 may make an application for bail.

(2) Where an application for bail is made under subsection (1), the Judge shall adjourn the hearing of the application and notify the Minister.

(3) The Minister shall, on receipt of a notification under subsection (2), consult immediately with the ICC to obtain any recommendations from the Pre-Trial Chamber under article 59(5) of the Statute, and shall convey those recommendations to the Judge.

(4) The Judge shall give full consideration to any recommendations conveyed to the Judge under subsection (3) before making a decision on the application for bail.

(5) Where no recommendations are received from the ICC within seven days of the Minister being notified of the application for bail, the Judge may proceed to hear the application.

(6) The Judge shall not release a person brought before the Judge under section 42 on bail, unless the Judge is satisfied that, having regard to the crimes alleged to have been committed by that person, there are urgent and exceptional circumstances that justify the persons release on bail and that there are sufficient safeguards to ensure that Samoa will be able to fulfill its obligations under the Statute to surrender such person to the ICC.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.