Enforcement of sentences imposed

Sweden

Cooperation Ordinance with the International Criminal Court Ordinance No. 2003.69

Enforcement of penalty

SECTION 14
If a sentence of imprisonment that has been imposed by the International Criminal Court is to be enforced in Sweden, the National Prison and Probation Administration shall notify the Court when the sanction has been fully enforced. Notification shall also be given if the person sentenced has absconded from a prison before the sanction has been fully enforced.

Enforcement of penalty

SECTION 14
If a sentence of imprisonment that has been imposed by the International Criminal Court is to be enforced in Sweden, the National Prison and Probation Administration shall notify the Court when the sanction has been fully enforced. Notification shall also be given if the person sentenced has absconded from a prison before the sanction has been fully enforced.

SECTION 15
A request for the consent of the International Criminal Court for a measure in accordance with Section 23 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260), shall contain
1. details of the or those crimes to which the measure relates,
2. a copy of the penal provisions and provisions on sanctions and limitation periods that apply for the offences in question,
3. a copy of the judgment, arrest decision and detention decision , and
4. information about the views of the sentenced person on the measure for which the consent of the Court is sought.

If a request for consent in accordance with the first paragraph is based on a request for surrender or extradition for a crime to another State, the request shall instead contain
1. a copy of the request for surrender or extradition and appended documents,
and also
2. information about the views of the sentenced person on the request for surrender or extradition. (SFS 2003:1185)

Cooperation with the ICC Act N.2002.329

ENFORCEMENT OF PENALTY AND FORFEITURE

SECTION 23
The Government may at the request of the International Criminal Court decide that a sentence of imprisonment imposed by the Court may be enforced in Sweden. The Government may issue the instructions necessary in the individual case for enforcement of the penalty here.

SECTION 24
A sentence of fines imposed by the International Criminal Court or a decision by the Court for the forfeiture of property or of the value of certain property may on the application by the Court be enforced in Sweden. The application shall be transferred to the Swedish Tax Agency for action. If the enforcement relates to forfeiture of the value of particular property, the Swedish Tax Agency decides on the forfeited value in Swedish kronor.
The decision of the Swedish Tax Agency may be appealed against to a general administrative court. A decision by the Swedish Tax Agency and the general administrative court shall apply immediately unless otherwise decided. Leave to appeal is required for an appeal to the Administrative Court of Appeal. (SFS 2003:740)

SECTION 25
Section 25 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260) applies to enforcement in accordance with Sections 23 and 24, unless otherwise provided by this Act.
Enforcement may no longer take place if the International Criminal Court has granted the person sentenced a pardon or revision of the penalty and if the reduced penalty has been fully enforced or the Court has made any other ruling whereby the sanction imposed may no longer be enforced. If an issue arises concerning an impediment to enforcement owing to a limitation period, after an application has been granted in accordance with Section 23 or Section 24, such issue shall be considered in accordance with the rules applicable to the International Criminal Court.
Issues concerning conditional release should be considered by the Government after the International Criminal Court has been given an opportunity to state its views. The Government may in such a case decide that conditional release shall take place at a latter date than prescribed by the Penal Code.
Decisions on transformation of fines into an alternative penalty may not be made.

SECTION 26
The rules on immunity contained in Section 23 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260) apply in connection with enforcement in accordance with Section 23.

SECTION 27
In connection with enforcement in accordance with Section 23, representatives of the International Criminal Court, or those appointed by the Court to investigate the treatment of the person serving a penalty that has been imposed by the Court, are entitled to visit the place where the person is an inmate. All parties responsible for a person who is serving such a penalty shall provide those conducting the investigation with the assistance needed by them in order to be able to perform their assignment.

SECTION 28
When the enforcement of fines or forfeiture has been carried out in accordance with Section 24, the Swedish Tax Agency shall deliver the proceeds received upon enforcement to the International Criminal Court.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

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.

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.