Transfer of sentenced person to State


International Criminal Court Act 2007, No.26


86. Prisoner to be held in custody -

(1) Where the Minister accepts the designation of Samoa as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Samoa in the custody of a person authorised for the purpose by the ICC.

(2) On arrival in Samoa or, if the person is already in Samoa when the sentence is imposed, on the imposition of the sentence, the Minister shall issue an order of detention in respect of the ICC prisoner and shall cause a copy of the order to be sent to the Commissioner of Prisons.

(3) The order of detention issued under subsection (2) shall be sufficient authority for the detention of the ICC prisoner until the prisoner completes, or is released from, the sentence or is transferred to another country.

(4) Subject to subsection (7), the ICC prisoner shall be detained in accordance with the laws of Samoa as if the prisoner had been sentenced to imprisonment under the law of Samoa.

(5) Notwithstanding anything in subsection (4) or in any other law -

(a) the ICC prisoner shall have the right to communicate on a confidential basis with the ICC, without impediment from any person;
(b) a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner.

(6) The enforcement of a sentence of imprisonment, including any decision to release or transfer the ICC prisoner shall be in accordance with Part 10 of the Statute and the Rules.

(7) The laws of Samoa relating to parole, remission, reduction or variation of sentence and pardon shall not apply to a sentence imposed by the ICC.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(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.


(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.

Article 104 Change in designation of State of enforcement

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.

Article 105 Enforcement of the sentence

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.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

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.