Taking of evidence - national procedures for ICC proceedings


Colombia - Law 975 Reincorporation of members of illegal armed groups 2005 ES

Procedural principles

Article 15. Clarification of the truth.
The National Prosecutorial Unit for Justice and Peace established by this law shall investigate, through the prosecutor delegate for the case, with the support of the specialized judicial police group, the circumstances of time, manner, and place in which the criminal conduct was committed; the living conditions, social conditions, and family and individual situation of the indicted or accused person and his or her prior conduct; the judicial and police records; and the harm that he or she, individually or collectively, may have directly caused the victims, such as physical or psychological injuries, emotional suffering, financial loss or substantial infringement of fundamental rights.
With the collaboration of the demobilized persons, the judicial police shall investigate the whereabouts of persons kidnapped or disappeared, and shall report the results of such investigations to the next-of-kin in timely fashion.

Investigation and prosecution

Article 18. Arraignment. When, based on the material evidence, physical evidence, information lawfully obtained, or the spontaneous declaration, one may reasonably infer that the demobilized person is a perpetrator of or participant in one or several crimes being investigated, the prosecutor delegate for the case shall ask the judge who performs the function of controlling guarantees to schedule a preliminary arraignment hearing.
At this hearing, the prosecutor shall make the factual indictment of the charges investigated and shall ask the judge to order the pre-trial detention of the accused in the appropriate detention center as provided for in this law. In addition, the prosecutor shall ask that precautionary measures be adopted with respect to illegally obtained assets that have been surrendered for the purpose of making reparation to the victims.
Within sixty (60) days of this hearing, the National Prosecutorial Unit for Justice and Peace, with the support of its group of judicial police, will undertake the investigation and verification of the facts admitted by the accused, and all those that may come to its attention within the scope of its jurisdiction. Upon the conclusion of this term, or earlier if possible, the prosecutor assigned to the case shall ask the judge who performs the function of controlling guarantees to schedule an indictment hearing, within ten (10) days following the request, if there is to be one.
The statute of limitations on the criminal action is interrupted by the arraignment.

Rome Statute

Article 93 Other forms of cooperation

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;