Communication with the ICC

Republic of Austria

Austria - Agreement ICC on the Enforcement of Sentences 2005

Article 5
Supervision of enforcement
In order to supervise the enforcement of sentences of imprisonment, the Presidency may, inter alia: a) when necessary, request any information, report or expert opinion from Austria;

Article 5
Supervision of enforcement
In order to supervise the enforcement of sentences of imprisonment, the Presidency may, inter alia: a) when necessary, request any information, report or expert opinion from Austria;

b) where appropriate, delegate a judge of the Court or a member of the staff of the Court who will be responsible, after notifying Austria, for meeting the sentenced person and hearing his or her views, without the presence of national authorities of Austria;

c) where appropriate, give Austria an opportunity to comment on the views expressed by the sentenced person under paragraph (b) of this article.

Article 6
Conditions of imprisonment

2. Austria shall notify the Presidency of any circumstances, including the exercise of any conditions agreed when declaring its willingness to be included in the List of States of enforcement, which could materially affect the terms or extent of the imprisonment . The Presidency shall be given at least 45 days’ notice of any such known or foreseeable circumstances. During this period, Austria shall take no action that might prejudice its obligations. Where the Presidency can not agree to the aforementioned circumstances, it shall inform Austria and transfer the sentenced person to a prison of another State.
3. When a sentenced person is eligible for a prison programme or benefit available under the national law of Austria which may entail some activity outside the prison facilities, Austria shall communicate that fact to the Presidency, together with any relevant information or observation, to enable the Court to exercise its supervisory function.

Article 7
Inspection
1. The competent national authorities of Austria shall allow the inspection of the conditions of imprisonment and treatment of the sentenced person(s) by the Court, or an entity designated by it, at any time and on a periodic basis, the frequency of visits to be determined by the Court. A confidential report based on the findings of these inspections shall be submitted to Austria and to the Presidency.
2. Austria and the Presidency shall consult each other on the findings of the reports referred to in paragraph 1of this article. The Presidency may thereafter request Austria to report to it any changes in the conditions of imprisonment suggested in the report.

Article 8
Communication
Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 8
Communication
Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 17
Information
1. Austria shall immediately notify the Presidency of the following:
(a) the completion of the sentence by the sentenced person, two months prior to the completion of the sentence;
(b) if the sentenced person has escaped;
(c) if the sentenced person has deceased; and
(d) a request of extradition of the sentenced person, including the documents and information referred to in Article 10, paragraph 2.
2. Austria shall notify the Presidency, 30 days before the scheduled completion of sentence served by the sentenced person, the relevant information concerning the intention of Austria to authorize the person to remain in its territory or the location where it intends to transfer the person.
3. Austria shall notify the Presidency of any important event concerning the sentenced person, and of any prosecution of that person for events subsequent to his/her transfer.
4. For purposes of extension of the term of imprisonment in accordance with Rule 146 sub‐rule 5 of the Rules, the Presidency may ask for observations from Austria.

Rome Statute

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.