PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 22
(Request of the International Criminal Court for Arrest and Surrender of a Person)
(2) The request of the International Criminal Court for the arrest and surrender of the person or for the provisional arrest of a person in the territory of Bosnia and Herzegovina or for whom the International Criminal Court considers to be in the territory of Bosnia and Herzegovina, shall be submitted to the BiH Prosecutor’s Office through the Ministry of Justice.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 23
(Mandatory Defence in the Surrender Procedure)
(1) The person whose surrender is requested by the International Criminal Court shall have a defence attorney from the first questioning and during the surrender procedure.
(2) If the person whose surrender is required does not engage a defence attorney, or of he states that he will not engage a defence attorney, a defence attorney shall be appointed ex officio in accordance with the Criminal Procedure Code.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 24
(Parties to the Surrender Procedure)
(1) Parties to the surrender procedure are persons whose surrender is required by both the Prosecutor and the Prosecutor’s Office of BiH.
(2) The representative of the International Criminal Court shall be entitled to attend all the actions in the surrender procedure but will not have the capacity of the party to the proceedings.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 27
(Voluntary Surrender in the Investigation Procedure)
(1) During the questioning, the Prosecutor of the Prosecutor’s Office of BiH shall particularly establish whether the person accepts to voluntarily surrender to the International Criminal Court.
(2) If the person confirms a voluntary surrender to the International Criminal Court and waives his right to file an appeal in the surrender procedure, the Prosecutor shall request ordering of custody only if there exist some of the grounds established by the Criminal Procedure Code to order custody. On the contrary, the person shall be released by posting bail, ordering home arrest or other restrictions of personal liberty in accordance with the Criminal Procedure Code.
(3) To surrender the person to the International Criminal Court, the Prosecutor of the Prosecutor’s Office shall immediately inform the Ministry of Justice and the Ministry of Security of Bosnia and Herzegovina about the consent of the person to surrender.
(4) Statement under paragraph 2 of this Article may not be revoked.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 28
(Procedure before the Court Panel)
(1) If during the investigation the person does not confirm his voluntary surrender to the International Criminal Court, the Prosecutor of the Prosecutor’s Office shall submit to the Court of BiH the request of the International Criminal Court along with an argumented proposal requiring from the Court of BiH to render the decision on surrender of the person to the International Criminal Court.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 29
(Decision on the Request for Surrender)
(1) The Panel under Article 28(2) of this Law shall render the decision to fulfil the request for surrender of a person to the International Criminal Court if it establishes determines that the request pertains to the person against whom the procedure for surrender is being conducted and that this is the issue of the criminal offence falling under jurisdiction of the International Criminal Court according to the Rome Statute.
(2) If there exist some obstacles for surrender, the Panel shall refuse the request of the International Criminal Court. If the request for surrender is refused, the surrender procedure may be renewed by applying the provisions on the renewal of the procedure stipulated under the Criminal Procedure Code or based on the new request of the International Criminal Court.
(3) Upon rendering the decision on surrender, custody may last until the surrender of the person but no longer than the time limit provided under the relevant provisions of the Criminal Procedure Code on the duration of custody.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 30
(Voluntary Surrender in the Court Proceedings)
(1) During the court proceedings, the person may make a statement on the record that he wants to surrender on a voluntary basis to the International Criminal Court and to waive the right to file an appeal in the surrender procedure. Such a statement may not be revoked.
(2) In case under paragraph 1 of this Article, the Panel shall render the Decision to cease the surrender procedure and inform the Ministry of Justice and the Ministry of Justice of Bosnia and Herzegovina thereof to conduct a voluntary surrender.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 31
(Appeal from the Decision on Surrender)
(1) The person requested to surrender and his defence attorney may file an appeal from the Decision fulfilling the request of the International Criminal Court within eight days from the receipt of the Decision.
(2) The Appeal shall stay the execution of the Decision and the appeal shall be decided by the Appellate Panel of the Court of BiH.
(3) The procedure of rendering the decision on the appeal shall be conducted in accordance with the provisions of the Criminal Procedure Code pertaining to the rendering of the decision on the appeal from the judgement.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 32
(Enforceability of the Decision)
(1) The Decision with legal effect allowing for the surrender of the person to the International Criminal Court shall be final.
(2) An Appeal from the Decision under paragraph 1 of this Article may be filed with the Constitutional Court of Bosnia and Herzegovina.
(3) The Minister of Justice may temporarily postpone the surrender of the person due to his illness or some other particularly justified ground.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 33
(Submission of Decisions)
Final and the Decision with legal effect deciding on the request of the International Criminal Court for surrender of persons shall be submitted to the International Criminal Court through the Ministry of Justice.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 34
(Surrender of the suspect)
Surrender of the suspects to the International Criminal Court based on the statement on voluntary surrender or the final decision on surrender with legal effect shall be carried out by the Ministry of Security of Bosnia and Herzegovina.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.