Request for provisional arrest


Cooperation between the Republic of Slovenia and the International Criminal Court Act 2002


Article 10

(1) In cases in which the Ministry receives from the Court a request for the provisional arrest of a person for whom surrender is requested, and this request is complete in terms of Article 92 of the Statute, the Ministry shall forward it to the district court, the district state prosecutor's office and the police authorities on whose territory the person is located, and in every case also to the Supreme Court of the Republic of Slovenia, the State Prosecutor's Office and the General Police Directorate.

(2) A request for provisional arrest shall be carried out in accordance with provisions applicable in the Republic of Slovenia for the enforcement of detention and the treatment of detained persons.

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.