IV. chapter. Other assistance for criminal proceedings.
Article 23
For the purpose of dealing with a criminal case in another state, it may, upon request, be decided that a person who in this country is imprisoned or deprived of his liberty in accordance with a court for a criminal act, shall be sent to another state for questioning as a witness or for examination.
Request should be sent to [the Ministry] 1)unless otherwise decided by an agreement with another state, cf. Paragraph 6 The request must include detailed information about the criminal act.
A request may not be granted if the act in question or a comparable act is not punishable under Icelandic law or if it is in accordance with the provisions of Articles 5-7. gr. can not be the basis of extradition. In addition, the request shall be rejected if the person's presence is necessary in this country due to a criminal case or if there are other compelling reasons against transferring him to the other state. Special consideration shall be given to whether the transfer is likely to extend the period during which he would be deprived of his liberty. [The first sentence does not apply to requests from Denmark, Finland, Norway or Sweden.] 2)
[Ministry] 1)shall immediately reject the request if it is clear that it cannot be complied with. If a request is not rejected in accordance with this paragraph, the case shall be sent to the Attorney General for further assistance and he shall arrange for the necessary investigation to take place immediately.
If the person does not agree to the transfer, the [district court] shall 3)in Reykjavík stipulate whether the legal conditions for transport exist. Following the investigation, the Attorney General sends [the Ministry] 1)all the documents of the case together with an opinion on the case as a whole. The Ministry then decides whether to grant the request.
In an agreement with a foreign state, it may be decided that the matter shall be entrusted to a government authority other than the Ministry for processing.
The transfer of a person shall be subject to the condition that the person concerned be returned as soon as possible, perhaps within a specified period of time, and that no investigation be instituted against him during his stay in the other State, punished there or he extradited for an act he committed before the transfer took place.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.