Production of evidence - national procedures for ICC proceedings


Germany - Cooperation with ICC 2002 EN

Part 5 Additional Mutual Assistance

§ 51 Surrender of Objects

(1) Notwithstanding the provision of § 58 para. 3, objects will be surrendered upon request of a responsible office of the Court:
1. if they may be used as evidence in proceedings before the Court,
2. if they could have been obtained by a suspect or participant directly or indirectly from an act that is within the jurisdiction of the Court or as compensation for such an object.
(2) Surrender is permissible when:
1. a decision of an office of the Court responsible therefore is presented that orders the seizure of the objects or the freezing within the meaning of Article 93 para. 1(k) of the Rome Statute, and
2. it is guaranteed that the rights of third parties remain unaffected and with the
proviso that surrendered objects shall be promptly returned upon request.
(3) To the extent that objects to be surrendered contain personal data of the suspect, upon surrender it shall be indicated that the data may only be used to fulfill the duties of the Court as set forth in the Rome Statue. If personal data of third parties is so connected to the personal data of the suspect that separation is not possible or is possible only with unjustifiable effort, the transfer of this data is also permissible, as long as the justified interests of the suspect or a third party to their secrecy is not apparently greater.

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;