Samoa

International Criminal Court Act 2007, No.26

PART VI
ENFORCEMENT OF SENTENCES AND ORDERS OF THE ICC IN SAMOA


86. Prisoner to be held in custody -

(1) Where the Minister accepts the designation of Samoa as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Samoa in the custody of a person authorised for the purpose by the ICC.

(2) On arrival in Samoa or, if the person is already in Samoa when the sentence is imposed, on the imposition of the sentence, the Minister shall issue an order of detention in respect of the ICC prisoner and shall cause a copy of the order to be sent to the Commissioner of Prisons.

(3) The order of detention issued under subsection (2) shall be sufficient authority for the detention of the ICC prisoner until the prisoner completes, or is released from, the sentence or is transferred to another country.

(4) Subject to subsection (7), the ICC prisoner shall be detained in accordance with the laws of Samoa as if the prisoner had been sentenced to imprisonment under the law of Samoa.

(5) Notwithstanding anything in subsection (4) or in any other law -

(a) the ICC prisoner shall have the right to communicate on a confidential basis with the ICC, without impediment from any person;
(b) a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner.

(6) The enforcement of a sentence of imprisonment, including any decision to release or transfer the ICC prisoner shall be in accordance with Part 10 of the Statute and the Rules.

(7) The laws of Samoa relating to parole, remission, reduction or variation of sentence and pardon shall not apply to a sentence imposed by the ICC.

Keywords

Transfer of sentenced person to State



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