Change in designation of State of enforcement

Republic of Uganda

The International Criminal Court Act 2010

Part VI – Enforcement of Penalties

Enforcement of ICC Sentences in Uganda

70. Issue of statutory order for transfer of prisoner to Uganda.
(1) The Minister may issue a statutory order, in the prescribed form, for the transfer of an ICC prisoner to Uganda from another state if the consent of the Minister responsible for internal affairs to the sentence being served in Uganda has been obtained.

(2) The statutory order for the transfer of an ICC prisoner to Uganda authorises the transfer of the prisoner to Uganda to serve the sentence of imprisonment imposed by ICC in accordance with the enforcement conditions specified in the notification issued under section 67.

(3) The statutory order issued under subsection (1) shall –

(a) specify the name and date of birth of the prisoner to be transferred;

(b) specify the state from which the prisoner is to be transferred;

(c) state that the following have been obtained—

(i) the ICC’s agreement to the conditions referred to in subsection (2);

(ii) the written consent of prisoner or his or her representative to the sentence being served in Uganda; and

(iii) the consent of the Minister responsible for internal affairs to the sentence being served in Uganda.

Part VI – Enforcement of Penalties

Enforcement of ICC Sentences in Uganda

72. Transfer of prisoner to another State to complete sentence.
(1) An ICC prisoner serving a sentence in Uganda may, at any time apply to the ICC to be transferred from Uganda to complete service of sentence in another state.

(2) Where an ICC prisoner of any nationality is to be transferred from Uganda to another State to complete that sentence, the prisoner may be transported from Uganda to that State in the custody of a person authorised for the purpose by the ICC at the expense of ICC.

Rome Statute

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.