CHAPTER IV
JUDICIAL PROCEDURE
Section Two
Arrest
Article 11
1. The Attorney General as investigator is authorised to arrest, for the purposes of investigation, any person who, on the basis of sufficient preliminary evidence, is strongly suspected of perpetrating a gross violation of human rights.
2. The investigator shall carry out arrest as referred to in clause (1) by producing an order and serving the suspect an arrest warrant stating the identity of the suspect, the reason for the arrest, and the location of the investigation, along with a brief description of the gross violation of human rights he or she is suspected of perpetrating.
3. Attachments to the arrest warrant as referred to in clause (2) must be given to the family of the accused immediately following the arrest.
4. In the event of a suspect being caught in the act of perpetrating a gross violation of human rights, arrest shall be executed without an order on the condition that the arrester immediately surrenders the suspect and any evidence to the investigator.
5. Arrest as referred to in clause (2) shall not exceed 1 (one) day.
6. The period of arrest shall be subtracted from the sentence passed.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.