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.
CHAPTER IV
JUDICIAL PROCEDURE
Section Four
Inquiry
Article 19
1. In conducting an inquiry as referred to in Article 18, the inquirer is authorized:
A. to conduct inquiry into and examination of incidents occurring in society, which based on their nature or scope, can reasonably be suspected of constituting gross violations of human rights;
B. to receive reports or complaints from individuals or groups concerning the incidence of gross violations of human rights, and to pursue statements and evidence;
C. to call on complainants, victims, or subjects of a complaint to request and hear their statements;
D. to call on witnesses to request and hear their witness;
E. to review and gather statements from the location of the incident and other locations as deemed necessary;
F. to call on relevant parties to give written statements or to submit necessary authenticated documents;
G. on the order of the investigator to:
examine of letters;
undertake search and seizure;
examine houses, yards, buildings, and other places that certain parties occupy
or own;
dispatch specialists pertinent to the investigation.
2. The inquirer shall inform the investigator upon initiating an inquiry into an incident suspected of constituting a gross violation of human rights.
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
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.
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.
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.