Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings


Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 2
Specific provisions
Section 2

18. Surrender of prisoners for the purposes of evidence
1. A person in custody in Austria, whether pending trial or serving a sentence, shall at the request of the International Criminal Court be surrendered thereto for the purposes of identification, questioning or comparison or other investigative processes according to conditions to be agreed upon, if the person consents to the surrender.
2. Should the person to be surrendered be in custody on the basis of a request from the International Criminal Court for the enforcement of a sentence pursuant to paragraph 33(1) below, his or her consent to the surrender is not required.
3. The surrender shall not suspend the time spent in custody, whether pending trial or serving a sentence.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.