Part 3 Other forms of assistance

Forms of assistance

32 Transfer of prisoner to give evidence or assist in investigation

(1) This section applies where the Secretary of State receives a request from the ICC for the temporary transfer of a prisoner to the ICC for purposes of identification or for obtaining testimony or other assistance.

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:
(f) The temporary transfer of persons as provided in paragraph 7

7. (a) The Court may request the temporary transfer of a person in custody for purposes
of identification or for obtaining testimony or other assistance. The person may be transferred if
the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that
State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the
transfer have been fulfilled, the Court shall return the person without delay to the requested State.

This provision is wider than the ICC Statute.

Note the wider definition of custody that goes beyond detention in accordance with a sentence for a criminal offence, and can include people in pre-trial detention.