Samoa

International Criminal Court Act 2007, No.26

PART IV
ARREST AND SURRENDER OF PERSON TO ICC


42. Provisional arrest -

(1) Where the Minister receives a request from the ICC for provisional arrest of a person under article 92 of the Statute, the Minister shall, if satisfied that the request is supported by the information required by paragraph (2) of article 92 of the Statute, transmit the request and any supporting documents to the Commissioner of Police with a direction for the arrest of the person.

(2) The Minister shall transmit a copy of the direction to the Attorney General.

(3) Where the Commissioner of Police receives a direction from the Minister under subsection (1), the Commissioner shall instruct the police to carry out the direction.

(4) The Commissioner of Police shall, after carrying out the direction, notify the Minister and the Attorney General that the direction has been carried out.

(5) Where a person has been provisionally arrested under this section, and the Minister receives the formal request for arrest and surrender as provided for in article 91 of the Statute, the Minister shall immediately send a notice to the Judge and proceed with the transmission of the request in accordance with section 36.

(6) The Judge shall send any declaration made under subsection (4) to the Minister, and the Minister shall transmit it to the ICC.

Keywords

Request for provisional arrest
Provisional arrest for ICC proceedings - national procedures



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