Provisional arrest

Afghanistan

Afghanistan - Interim Criminal Procedure Code for Courts 2004

Chapter 1
General Provisions

Article 6
Duration of Provisional Arrest

I. The terms for the duration of provisional detention following the arrest during the investigative phase are those established in article 36.

During the trial at the Primary level, the Court can extend the detention for two additional months ; during the trial at the appeal level the Court can extend the detention for another two months term ; during the trial before the Supreme Court the detention can be further extended by the same Court for additional five months.

Whether during the celebration of the above mentioned trials the related terms expire, the arrested person shall be released.

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.