PART IV
ARREST AND SURRENDER OF PERSON TO ICC
36. Request for arrest and surrender -
(1) Subject to sections 38 and 39, when the Minister receives a request for arrest and surrender of a person alleged to have committed a crime within the jurisdiction of the ICC or on whom a judgment of conviction has been imposed by the ICC the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Statute –
(a) transmit the request and any supporting documents to a Judge; and
(b) notify the Attorney General.
(2) Upon receipt of a request under subsection (1)(a) a Judge shall –
(a) if the request is accompanied by a warrant of arrest issued by the ICC, endorse the warrant for execution by a police officer in any part of Samoa; or
(b) if the request is accompanied by a judgment of conviction of the ICC, issue a warrant for the arrest of the person to whom the judgment relates, for execution by a police officer in any part of Samoa.
37. Rights of arrested person -
(1) A person arrested under a warrant obtained in accordance with section 36 or pursuant to a direction under section 42 shall be brought before a Judge within 48 hours.
(2) The Judge may, of the Judge’s own motion or at the request of the person, determine –
(a) whether the person was lawfully arrested in accordance with the warrant or the direction; and
(b) whether the person’s rights have been respected in the course of the arrest.
(3) In making a determination under subsection (2) the Judge shall apply the principles applicable to judicial review.
(4) If the Judge determines that –
(a) the person was not lawfully arrested; or
(b) the person’s rights were not respected, the Judge shall make a declaration to that effect with any explanation required but may not grant any other form of relief.
Arrest
Arrest for ICC proceedings - national procedures
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