VI. ARREST, DETENTION AND SURRENDER OF A PERSON TO THE INTERNATIONAL CRIMINAL COURT
Article 10
(1) In cases in which the Ministry receives from the Court a request for the provisional arrest of a person for whom surrender is requested, and this request is complete in terms of Article 92 of the Statute, the Ministry shall forward it to the district court, the district state prosecutor's office and the police authorities on whose territory the person is located, and in every case also to the Supreme Court of the Republic of Slovenia, the State Prosecutor's Office and the General Police Directorate.
(2) A request for provisional arrest shall be carried out in accordance with provisions applicable in the Republic of Slovenia for the enforcement of detention and the treatment of detained persons.
(3) The person arrested must be immediately informed in his own language or a language that he understands that he has been arrested, and the reasons for the arrest. He must be immediately advised that he is under no obligation to make any statements, that he has the right to immediate legal aid through legal counsel of his own choice and that the competent authorities are obliged to inform his relatives of his arrest should he request them to do so. If the person is not a citizen of the Republic of Slovenia, he must also be advised that he has the right to contact the diplomatic/consular representative office of the state of which he is a citizen.
(4) The police authorities must bring a person who has been arrested before the competent investigating judge without delay.
(5) The investigating judge shall confirm the identity of the person produced, and once more inform him of his rights referred to in the third paragraph of this article, and inform him that any statement he makes in the proceedings before the court may be used in evidence against him. The investigating judge shall also immediately inform the person that he has been arrested for the purpose of surrender to the Court.
(6) In a case in which the competent national bodies do not receive a request for surrender and the appurtenant documentation in the time limit determined by the Rules of Procedure and Evidence, the person who has been provisionally arrested shall be released, unless the person himself agrees to surrender prior to the time limit expiring. The release of a person in such a case shall not prevent his later arrest and surrender in compliance with a request and appurtenant documentation sent later.
(7) The release of a person referred to in the previous paragraph shall be ordered ex officio by the investigating judge who ordered the enforcement of the Court’s request for provisional arrest.
Provisional arrest
Provisional arrest for ICC proceedings - national procedures
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