TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER VI ENFORCEMENT OF SENTENCES PRONOUNCED BY THE COURT
In the event of a request from the Court, Belgium may enforce a final and enforceable sentence of imprisonment by the Court, provided it has agreed to appear on the list of States Parties accepting sentenced persons.
1. Where the central authority approves the request by the Court to enforce a sentence of imprisonment, it shall so notify the Court and provide it with all relevant information concerning such enforcement of sentence.
2. In accordance with article 103, paragraph 2(a) of the Statute, the central authority shall also, if relevant, notify the Court of any circumstances 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. In accordance with article 103, paragraph 2(b) of the Statute, where the Court cannot agree to the said change in circumstances, it shall notify the central authority thereof and designate another State to enforce the sentence.
1. In accordance with article 105 of the Statute, the sentence of imprisonment pronounced by the Court is enforceable in Belgium once the request is accepted by the central authority. The sentence delivered by the Court may in no case be modified. The Court alone shall have the right to decide on an application for appeal and revision.
2. Within 24 hours of his or her arrival at the prison assigned, the person transferred shall appear before the Crown Prosecutor (procureur du Roi) at the court of first instance of the place of custody, who shall question him or her as to his or her personal particulars, produce a written record, and having regard to the original or to an execution copy of the judgment of the Court, shall order the immediate incarceration of the sentenced person.
3. In accordance with article 106, paragraph 1 of the Statute, the enforcement of a sentence of imprisonment shall be subject to the supervision of the Court. The conditions of imprisonment shall be governed by Belgian legislation.
4. Procedures for conditional release shall be governed by article 110 of the Statute.
5. In accordance with article 104, paragraph 2 of the Statute, a sentenced person may at any time apply to the Court to be transferred from Belgium.
Within the limits set by article 108 of the Statute, Belgium may, in applying its legislation, extradite or otherwise surrender a sentenced person who has served his or her sentence to the State which has requested his or her extradition or surrender, or to the International Tribunal which has sought the surrender of the person for purposes of trial or enforcement of a sentence.
Should a convicted person enter an appeal against an acquittal or conviction or against sentence in accordance with article 81 of the Statute, an application for revision of a conviction or sentence in accordance with article 84 of the Statute or an application for a reduction of sentence in accordance with article 110 of the Statute, the request may be transmitted via the central authority which shall communicate it promptly to the Court together with all relevant documents.
In accordance with article 106, paragraph 3 of the Statute, communications between the Court and a sentenced person shall be unimpeded and confidential.
Should a convicted person escape from custody, the central authority may, after consultation with the Court, request the person’s surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person’s surrender, in accordance with Part 9 of the Statute.
(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;
(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.
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.