II. Specific provisions

D. Custody pending surrender, surrender and transit

Custody pending surrender and orders for surrender

Article 27
(a) at the request of the International Criminal Court

(2) Should there be significant doubts as to the identity of the person arrested, the judge of the princely court shall order appropriate investigations or ask the International Criminal Court to submit additional information. In any event, the judge of the princely court shall inform the accused person of the grounds of the warrant of arrest issued against him or her by the International Criminal Court and about his or her rights to challenge the surrender on account of a violation of the principle of “ne bis in idem” in article 20 of the Rome Statute or of a lack of jurisdiction on the part of the International Criminal Court pursuant to articles 17 to 19 of the Rome Statute. In addition, the person shall be informed of his or her right, pending a surrender order, to apply for interim release. The accused person shall be provided with copies (photocopies) of the arrest warrant or of the relevant allegations and provisions of the Rome Statute together with the translations of them provided by the International Criminal Court.

II. Specific provisions

D. Custody pending surrender, surrender and transit

Custody pending surrender and orders for surrender

Article 27
(a) at the request of the International Criminal Court

(5) Until surrender is ordered the accused person has the right to apply for interim release. When deciding on such an application it shall be ascertained whether there are urgent and exceptional circumstances which justify interim release and whether the purpose of detention may be achieved by more lenient means (paragraph 131(5) of the Code of Criminal Procedure) regardless of the gravity of the alleged crimes. Such an application shall have no suspensive effect.

(6) An application pursuant to paragraph 5 shall be notified to the International Criminal Court, indicating that it has the right to submit a recommendation within seven days. The recommendation shall be taken into consideration in the decision on the application for release.

(7) Should the International Criminal Court in its recommendation or the public prosecutor plead against the release of the accused person, the President of the Court of Appeal shall promptly decide on the application in a custody hearing.

(8) A decision dismissing the application for interim release by the accused person may be appealed against by the latter within three days before the Court of Appeal. Such an appeal shall have no suspensive effect.

(9) Orders into custody pending surrender and orders for surrender may be appealed against solely pursuant to Article 15 of the Law on the Constitutional Court. The order initiating the surrender process is not open to appeal.

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.