Enforcement of sentences imposed

Republic of Croatia

Croatia - Implementation of Statute of ICC 2003 (2004) EN

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT
ENFORCEMENT OF JUDGEMENT AND OTHER DECISION OF THE INTERNATIONAL CRIMINAL COURT
Article 42
(1) The Republic of Croatia shall enforce the judgment and other decisions of the International Criminal Court by applying the Statute and other regulations of the International Criminal Court and the appropriate provisions of domestic law.
(2) The Republic of Croatia shall inform the International Criminal Court without delay about the actual and legal reasons preventing or restricting the enforcement of the judgment or other decision and shall consult the Court on the manner of further proceeding.

ADMISSION OF CONVICTED PERSONS
Article 43
The Republic of Croatia shall admit the convicted persons to serve their sentence in accordance with the special agreement concluded separately in each individual case.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

Article 22

(2) When the judgement of the International Criminal Court only includes some of the crimes for which there is a final adjudication of a court in the Republic of Croatia, the court of the Republic of Croatia shall alter its sentence, implementing in an appropriate manner the provisions of the Law on Criminal Procedure related to the alteration of adjudication in accordance with the rules on the renewal of proceedings.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 40

(1) The Republic of Croatia shall enforce the judgement and other decisions of the International Criminal Court by applying the Statute and other regulations of the International Criminal Court and the appropriate provisions of the domestic law.

(2) The Republic of Croatia shall inform the International Criminal Court without delay about the real or legal reasons preventing or restricting the enforcement of the judgement or other decision and shall consult the ICC on further proceeding.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 41

The Republic of Croatia shall admit the persons convicted to serve their sentence in accordance with a special agreement concluded separately in each individual case.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VIII. PARTICIPATION OF THE REPUBLIC OF CROATIA IN THE WORK OF THE INTERNATIONAL CRIMINAL COURT

Article 42

(1) The representative of the Republic of Croatia at the Assembly of States Parties shall be determined by the Government of the Republic of Croatia.

(2) In addition to the representative mentioned in paragraph 1 above, one or more deputy representatives and experts on international criminal law may participate in the work of the Assembly.

(3) In accordance with the Statute and other documents of the ICC the Government of the Republic of Croatia shall ensure appropriate participation of the representatives of the Republic of Croatia in the work of other bodies of the ICC.

Article 43

(1) In the procedure for the election or appointment of judges or other officials or staff of the ICC, the Government of the Republic of Croatia shall publish an invitation to the eligible persons to apply within a defined period of time, if the election or appointment is carried out at the proposal of the States Parties and if the Government believes that the Republic of Croatia should propose a candidate.

(2) If it finds it appropriate, the Government of the Republic of Croatia will also publish the information about the upcoming election or appointment in the ICC when candidates are expected to apply to the ICC directly.

(3) In the case mentioned in paragraph 1 above the Government of the Republic of Croatia shall conduct the procedure in such a manner so as to secure its transparency, the possibility for governmental and non-governmental professional and humanitarian bodies and organisations, and the application of the highest professional and moral criteria.

(4) When the Statute or other document of the ICC prescribes a special procedure for the election or appointment, the Government of the Republic of Croatia shall conduct the procedure in this manner, applying the appropriate provisions of the domestic law analogously.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

Article 104 Change in designation of State of enforcement

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.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

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.

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.