Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings

Japan

Japan - Act on Cooperation with the International Criminal Court 2007 (2014) EN/Japanese

''Chapter II Cooperation with the ICC, Section 2 Provision of Evidence, etc., Subsection 3 Transfer of a Sentenced Inmate for Testimony, etc. (Decision, etc. on the Transfer of a Sentenced Inmate for Testimony, etc. Article 17''
(1) Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through the transfer of a sentenced inmate for testimony, etc., when the case neither falls under Article 6, paragraph (1), item (iv) nor falls under any of the following items, and when the Minister of Justice finds it reasonable to comply with the request, he/she shall make an affirmative decision to transfer the sentenced inmate for testimony, etc., setting a period not to exceed thirty days during which the transfer of the domestic sentenced inmate will be in effect:
(i) when the domestic sentenced inmate does not consent in writing;
(ii) when the domestic sentenced inmate is under the age of 20; or
(iii) when a case connected with the crime committed by the domestic sentenced inmate is pending before a Japanese court.
(2) Where the Minister of Justice makes the affirmative decision set forth in the preceding paragraph, when he/she finds it necessary, he/she shall set conditions concerning the transfer of the sentenced inmate for testimony, etc.
(3) When the Minister of Justice decides not to effect the transfer of a sentenced inmate for testimony, etc. on finding that it is unreasonable to comply with the request set forth in paragraph (1), or when he/she sets the conditions set forth in the preceding paragraph, the Minister of Justice shall consult with the Minister of Foreign Affairs in advance.
(4) The provisions of Article 19, paragraph (3) of the Act on International Assistance in Investigations and Other Related Matters shall apply mutatis mutandis to a case in which the decision set forth in paragraph (1) has been made.

Rome Statute

Article 93 Other forms of cooperation

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;

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.