Provisional arrest

Republic of Slovenia

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


Article 10
(1) In cases in which the Ministry receives from the Court a request for the provisional arrest of a person for whom surrender is requested, and this request is complete in terms of Article 92 of the Statute, the Ministry shall forward it to the district court, the district state prosecutor's office and the police authorities on whose territory the person is located, and in every case also to the Supreme Court of the Republic of Slovenia, the State Prosecutor's Office and the General Police Directorate.
(2) A request for provisional arrest shall be carried out in accordance with provisions applicable in the Republic of Slovenia for the enforcement of detention and the treatment of detained persons.
(3) The person arrested must be immediately informed in his own language or a language that he understands that he has been arrested, and the reasons for the arrest. He must be immediately advised that he is under no obligation to make any statements, that he has the right to immediate legal aid through legal counsel of his own choice and that the competent authorities are obliged to inform his relatives of his arrest should he request them to do so. If the person is not a citizen of the Republic of Slovenia, he must also be advised that he has the right to contact the diplomatic/consular representative office of the state of which he is a citizen.
(4) The police authorities must bring a person who has been arrested before the competent investigating judge without delay.
(5) The investigating judge shall confirm the identity of the person produced, and once more inform him of his rights referred to in the third paragraph of this article, and inform him that any statement he makes in the proceedings before the court may be used in evidence against him. The investigating judge shall also immediately inform the person that he has been arrested for the purpose of surrender to the Court.
(6) In a case in which the competent national bodies do not receive a request for surrender and the appurtenant documentation in the time limit determined by the Rules of Procedure and Evidence, the person who has been provisionally arrested shall be released, unless the person himself agrees to surrender prior to the time limit expiring. The release of a person in such a case shall not prevent his later arrest and surrender in compliance with a request and appurtenant documentation sent later.
(7) The release of a person referred to in the previous paragraph shall be ordered ex officio by the investigating judge who ordered the enforcement of the Court’s request for provisional arrest.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.