Article 3
Delivery
The Registrar of the Court, in consultation with the competent national authorities of Austria, shall make appropriate arrangements for the proper conduct of delivery of the sentenced person from the Court to the territory of Austria.
Part 1
General Provisions
7. Surrender of Austrian nationals
(Constitutional provision) Nothing precludes the surrender of Austrian nationals to the International Criminal Court (paragraphs 24 to 28 below) or their transit or transport (paragraph 31 below) or surrender to another State for the enforcement of a sentence passed by the International Criminal Court.
Part 2
Specific provisions
Section 5
33. Procedure for the acceptance of enforcement of sentences
1. Should the International Criminal Court decide that a convicted person shall serve his or her sentence of imprisonment in Austria and seek the transfer of the convicted person for the enforcement of his/her sentence, it should address itself to the Federal Minister of Justice.
2. The Federal Minister of Justice may only refuse to accept a person for the enforcement of his or her sentence, which as stated complies with paragraph 32(1) above, if it would give rise to unacceptable consequences for the security and public order of the Republic of Austria. Enforcement of the sentences of Austrian nationals may not be refused. The decision of the Federal Minister of Justice is not open to appeal.
3. The decision by the Federal Minister of Justice shall be transmitted to the International Criminal Court with a request to suggest a time and place for the transfer of the sentenced person to the Austrian authorities.
(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.