Belgium

Act of 29 March 2004 on Cooperation with the International Criminal Court and the International Criminal Tribunals

CHAPITRE V
OTHER FORMS OF COOPERATION

SECTION IV
RULES SPECIFIC TO CERTAIN REQUESTS FOR ASSISTANCE


Article 26

Searches and seizures requested by the Court shall be executed in accordance with Belgian law, with no need for the request to be rendered enforceable. Before the transmission of documents to the Court, the chambre du conseil of the court of first instance of the place where the documents were filed shall rule, within five days of any application filed with it, on any claims by third parties who are owners or assert rights over the material. Its ruling shall be final and not subject to appeal by third parties.


Article 27

In accordance with article 93, paragraph 7 of the Statute, any person in custody in Belgium may at the request of the Court be transferred temporarily for purposes of identification or for obtaining testimony or other assistance.

The person may be transferred if the following conditions are fulfilled:

(1) the person freely gives his or her informed consent to the transfer; and

(2) the central authority agrees to the transfer to the Court, subject to such conditions as may be agreed between them.

The temporary transfer of persons in custody shall be arranged by the central authority in conjunction with the Registrar and the authorities of the host State of the Court.

The time applying to detention on remand shall be suspended for the duration of the absence of the person in question from the territory.


Article 28

Where the Court has granted the status of protected witness to a person and asks Belgium to implement protective measures on his or her behalf, the central authority, after consulting the chairperson of the witness protection committee established under article 103 of the Code of Criminal Procedure, shall decide which of the measures referred to in article 104 of said Code the person should benefit from. Independently of any measures granted to the protected witness, where it deems it necessary, the central authority may also grant to persons close to the protected witness the protective measures referred to in article 104. They shall be implemented in the same way as those granted to a threatened witness or a family member thereof, as referred to in article 102 of said Code.

Where the Court terminates the status of protected witness in respect of a person referred to in the preceding paragraph, the central authority shall determine whether the measures implemented on his or her behalf or on that of others should be maintained.

Keywords

Other forms of cooperation
National procedures for execution of requests for other forms of cooperation



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