The Government or the Ministry of Justice shall decide on compensation from public funds to public defence counsel for work in a matter for surrender to the International Criminal Court, except on issues concerning compensation for work that shall be decided by a court.
On issues concerning compensation in accordance with Section 18 of the Cooperation with the International Criminal Court Act (2002:329), Section 1, second and third paragraphs, Sections 2-5, 8 and 10 as well as Section 11, first paragraph of the Compensation from Public Funds to Witnesses, etc. Ordinance (1982:805) shall apply. However, subsistence costs may be fixed at 350 kr per day at most.
An application for compensation or an advance on compensation as referred to in Section 9 shall be made to the district court in the district where the person summoned to attend is staying. Otherwise, the provisions contained in the Public Proclamation on Payment of Certain Compensation in Cases or Matters at Court, etc. (1973:261) shall apply.
Reimbursement of costs
Reimbursement of the following costs shall be sought from the International Criminal Court.
1. Costs of translation, interpretation and transcription.
2. Costs associated with the travel and security arrangements for wit¬nesses.
3. Costs associated with the transport in connection with the transfer of a person deprived of his or her liberty in Sweden.
4. Costs of travel and security arrangements for experts and costs of expert opinions and reports requested by the Court.
5. Costs of transport for the person to be surrendered to the Court.
Reimbursement of extraordinary costs may be sought from the International Criminal Court. If during the handling of the matter it appears that execution of the request will involve extraordinary costs, the prosecutor or court shall notify the Ministry of Justice thereof.
The Ministry of Justice shall, in consultation with the International Criminal Court, determine what costs the Court shall bear.
The authority that has incurred such costs as are referred to in Section 11 or Section 12 seeks reimbursement of the cost from the International Criminal Court. The request should be submitted to the Ministry of Justice to be forwarded to the International Criminal Court.
1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;
(b) Costs of translation, interpretation and transcription;
(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of a request.
2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.