TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER VI ENFORCEMENT OF SENTENCES PRONOUNCED BY THE COURT
Article 33
In the event of a request from the Court, Belgium may enforce a final and enforceable sentence of imprisonment by the Court, provided it has agreed to appear on the list of States Parties accepting sentenced persons.
Article 34
1. Where the central authority approves the request by the Court to enforce a sentence of imprisonment, it shall so notify the Court and provide it with all relevant information concerning such enforcement of sentence.
2. In accordance with article 103, paragraph 2(a) of the Statute, the central authority shall also, if relevant, notify the Court of any circumstances 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. In accordance with article 103, paragraph 2(b) of the Statute, where the Court cannot agree to the said change in circumstances, it shall notify the central authority thereof and designate another State to enforce the sentence.
Article 35
1. In accordance with article 105 of the Statute, the sentence of imprisonment pronounced by the Court is enforceable in Belgium once the request is accepted by the central authority. The sentence delivered by the Court may in no case be modified. The Court alone shall have the right to decide on an application for appeal and revision.
2. Within 24 hours of his or her arrival at the prison assigned, the person transferred shall appear before the Crown Prosecutor (procureur du Roi) at the court of first instance of the place of custody, who shall question him or her as to his or her personal particulars, produce a written record, and having regard to the original or to an execution copy of the judgment of the Court, shall order the immediate incarceration of the sentenced person.
3. In accordance with article 106, paragraph 1 of the Statute, the enforcement of a sentence of imprisonment shall be subject to the supervision of the Court. The conditions of imprisonment shall be governed by Belgian legislation.
4. Procedures for conditional release shall be governed by article 110 of the Statute.
5. In accordance with article 104, paragraph 2 of the Statute, a sentenced person may at any time apply to the Court to be transferred from Belgium.
Article 36
Within the limits set by article 108 of the Statute, Belgium may, in applying its legislation, extradite or otherwise surrender a sentenced person who has served his or her sentence to the State which has requested his or her extradition or surrender, or to the International Tribunal which has sought the surrender of the person for purposes of trial or enforcement of a sentence.
Article 37
Should a convicted person enter an appeal against an acquittal or conviction or against sentence in accordance with article 81 of the Statute, an application for revision of a conviction or sentence in accordance with article 84 of the Statute or an application for a reduction of sentence in accordance with article 110 of the Statute, the request may be transmitted via the central authority which shall communicate it promptly to the Court together with all relevant documents.
Article 38
In accordance with article 106, paragraph 3 of the Statute, communications between the Court and a sentenced person shall be unimpeded and confidential.
Article 39
Should a convicted person escape from custody, the central authority may, after consultation with the Court, request the person’s surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person’s surrender, in accordance with Part 9 of the Statute.
Article 40
Belgium shall give effect to fines or forfeitures ordered by the Court under Part 7 of the Statute, without prejudice to the rights of bona fide third parties. When a request for the enforcement of a forfeiture judgement is addressed to Belgium by the Court, the criminal court of the place where the property subject to forfeiture is located shall render the decision enforceable, after hearing the public prosecutor and the convicted person or the latter’s counsel. In accordance with article 109, paragraph 2 of the Statute, if it is impossible to give effect to a forfeiture order, equivalent forfeiture measures as specified in article 43bis, paragraph 2 of the Criminal Code may be ordered by the criminal court of the place where the property subject to forfeiture is located, without prejudice to the rights of bona fide third parties. Property or the proceeds of the sale of real property or, where appropriate, the sale of other property obtained from the enforcement of a judgement of the Court shall be transferred to the Court via the central authority.
(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 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.
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.
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.
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.