Postponement of execution of ICC request

Republic of Slovenia

Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002

VIII. REFUSAL OF CO-OPERATION AND DEFERMENT OF FULFILLING A REQUEST FOR CO-OPERATION

Article 20
(4) If the immediate fulfilment of a request of the Court in the Republic of Slovenia would obstruct a current investigation or prosecution of a matter which is not that to which the request refers, the Ministry, on the proposal of Supreme Court of the Republic of Slovenia or the State Prosecutor's Office of the Republic of Slovenia shall agree with the Court on the deferment of fulfilment.
(5) The Supreme Court of the Republic of Slovenia, in a panel of five judges, shall adopt a decision to defer fulfilling a request of the Court in a case relating to challenging admissibility, until the Court has made a ruling. The Supreme Court of the Republic of Slovenia may only adopt such a decision if this is not in conflict with an express order of the Court to the Prosecutor in connection with the further collection of evidence.
(6) The Supreme Court of the Republic of Slovenia may decide on a deferment of fulfilling the request of the Court at the same time as deciding on challenging the admissibility of a matter or the jurisdiction of the Court.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95 Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.