Spans in 'Samoa: ICC Act' tagged with 'Release prior to surrender'

'Release prior to surrender' in document 'Samoa: ICC Act'

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More information about the keyword 'Release prior to surrender'
More information about the document 'Samoa: ICC Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

50. Discharge of person not delivered up -

(1) If the person in respect of whom a delivery order has been made is not delivered up under the order within 60 days after the expiration of the period prescribed by law for making an application for habeas corpus or, if such an application is made within 60 days, after the final determination of the application, that person or someone duly authorised by the person may make an application to the Judge who made the delivery order, for the person’s discharge.

(2) On an application made under this section, the Judge shall order the persons discharge unless reasonable cause is shown for the delay.

(3) The discharge of a person under subsection (2) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC whether for the same facts and offence or not.

51. Discharge of person no longer required to be surrendered -

(1) Where the ICC informs the Minister that the person arrested upon the request of the ICC is no longer required to be surrendered, the Minister shall notify the Judge of that fact and the Judge shall on receipt of the notification make an order for the discharge of the person.

(2) The discharge of a person under subsection (1) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC whether for the same facts and offence or not.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.