Transfer of the person upon completion of sentence


International Criminal Court Act 2007, No.26


89. Procedure on completion of sentence -

Upon -

(a) the completion of sentence in Samoa by an ICC prisoner who is not a citizen of Samoa;
(b) the release, on the direction of the ICC, of an ICC prisoner who is not a citizen of Samoa, the Minister may issue a removal order for that ICC prisoner under section 90.

90. Removal order -

(1) A removal order made by the Minister under this section -

(a) may either -
(i) require the person who is the subject of the order to be released into or taken into the custody of a police officer; or
(ii) if the person is not in custody, authorise any police officer to take the person into custody; and
(b) shall specify that the person is to be taken by a police officer and placed on board any aircraft or vessel for the purpose of effecting the person’s removal from Samoa to another country; and
(c) may authorise the detention in custody of the person while awaiting removal from Samoa.

(2) A removal order made under this section shall continue in force until it is executed or cancelled.

91. Delay in removal -

(1) If a person in respect of whom a removal order has been made is not conveyed out of Samoa within 48 hours after the order has issued, the person shall be brought before a Judge to determine, in accordance with subsection (2), whether the person should be detained in custody or released pending removal from Samoa.

(2) If a person is brought before a Judge under subsection (1), the Judge may, if the Judge is satisfied that the person is the person named in the order -

(a) issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or
(b) order the release of the person subject to such conditions, if any, that the Judge thinks fit to impose.

92. Special rules in certain cases -

(1) An ICC prisoner serving a sentence in Samoa shall not -

(a) be extradited to another country on completion of the person sentence; or
(b) be required to undergo trial for an offence under the law of Samoa that relates to an act or omission alleged to have been committed prior to the person’s arrival in Samoa to serve such sentence, without agreement of the ICC.

(2) Nothing in subsection (1) shall apply to an ICC prisoner who remains voluntarily in Samoa for more than 30 days after the date of completion of, or release from, the sentence imposed on the prisoner by the ICC or who voluntarily returns to the prisoner’s home country after having left Samoa.

Rome Statute

Article 107 Transfer of the person upon completion of sentence

3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.