TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION I PRINCIPLES
Article 21
In accordance with article 93 of the Statute, assistance shall be granted to the Court in the cases referred to in article 22 below.
Article 22
Requests for assistance from the Court in relation to an investigation or prosecution must be addressed directly to the central authority.
In accordance with article 93 of the Statute, such requests may include any act that is not prohibited by Belgian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. They concern in particular:
(1) the identification and whereabouts of persons or the location of items;
(2) the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(3) the questioning of any person being investigated or prosecuted;
(4) the service of documents, including judicial documents;
(5) facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(6) the temporary transfer of persons as provided in article 27 of this law;
(7) the examination of places or sites, including the exhumation and examination of grave sites;
(8) the execution of searches and seizures;
(9) the provision of records and documents, including official records and documents;
(10) the protection of victims and witnesses and the preservation of evidence;
(11) the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties.
CHAPITRE V
OTHER FORMS OF COOPERATION
SECTION IV
RULES SPECIFIC TO CERTAIN REQUESTS FOR ASSISTANCE
Article 26
Searches and seizures requested by the Court shall be executed in accordance with Belgian law, with no need for the request to be rendered enforceable. Before the transmission of documents to the Court, the chambre du conseil of the court of first instance of the place where the documents were filed shall rule, within five days of any application filed with it, on any claims by third parties who are owners or assert rights over the material. Its ruling shall be final and not subject to appeal by third parties.
Article 27
In accordance with article 93, paragraph 7 of the Statute, any person in custody in Belgium may at the request of the Court be transferred temporarily for purposes of identification or for obtaining testimony or other assistance.
The person may be transferred if the following conditions are fulfilled:
(1) the person freely gives his or her informed consent to the transfer; and
(2) the central authority agrees to the transfer to the Court, subject to such conditions as may be agreed between them.
The temporary transfer of persons in custody shall be arranged by the central authority in conjunction with the Registrar and the authorities of the host State of the Court.
The time applying to detention on remand shall be suspended for the duration of the absence of the person in question from the territory.
Article 28
Where the Court has granted the status of protected witness to a person and asks Belgium to implement protective measures on his or her behalf, the central authority, after consulting the chairperson of the witness protection committee established under article 103 of the Code of Criminal Procedure, shall decide which of the measures referred to in article 104 of said Code the person should benefit from. Independently of any measures granted to the protected witness, where it deems it necessary, the central authority may also grant to persons close to the protected witness the protective measures referred to in article 104. They shall be implemented in the same way as those granted to a threatened witness or a family member thereof, as referred to in article 102 of said Code.
Where the Court terminates the status of protected witness in respect of a person referred to in the preceding paragraph, the central authority shall determine whether the measures implemented on his or her behalf or on that of others should be maintained.
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:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(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.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.