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.
(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 enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.