Request for arrest and surrender

Ireland

Ireland - Criminal Law Act 1997 EN

Section 5. Arrest on warrant or order of committal.

A warrant for the arrest of a person or an order of committal may be executed by a member of the Garda Sıochana notwithstanding that it is not in the member’s possession at the time ; but the
warrant or order shall be shown to him or her as soon as practicable.

Section 6. Entry and search of premises to effect an arrest.

(1) For the purpose of arresting a person on foot of a warrant of arrest or an order of committal, a member of the Garda Sıochana may enter (if need be, by use of reasonable force) and search any
premises (including a dwelling) where the person is or where the member, with reasonable cause, suspects that person to be, and such warrant or order may be executed in accordance with section 5.

Ireland - ICC Act 2006 EN

Part 1
Requests by International Criminal Court

Section 4.—(1) In relation to any request by the International Criminal Court for the arrest and surrender, or the provisional arrest, of a person or for assistance under Article 93 (other forms of cooperation) the Minister may presume, unless he or she has any information to the contrary, that the request— Requests by International Criminal Court.

(a) has been duly made and transmitted in accordance with the relevant provisions of the Statute, and
(b) is being made in connection with the investigation or prosecution of offences within the jurisdiction of the Court.

(2) (a) Where a request by the Court involves the disclosure of information and such a disclosure would in the Minister’s opinion be prejudicial to the interests of the security of the State, he or she shall—

(i) in accordance with Article 93.5, consider whether the information can be provided subject to specified conditions or whether the assistance concerned can be provided at a later date or in an alternative manner, and
(ii) if of opinion that the information cannot be so provided, act in conjunction with the Prosecutor, the defendant’s legal advisers or the Pre-Trial Chamber or Trial Chamber of the Court to seek to resolve the issue in accordance with paragraph 5 of Article 72.

(b) Where the Minister becomes aware that such information is, or is likely to be, disclosed in an investigation or proceedings instituted by the Court, he or she shall, in accordance with paragraph 4 of that Article, intervene in order to obtain a resolution of the issue.

(c) If—

(i) the issue remains unresolved, and
(ii) the Minister is of opinion that there are no means by which, or conditions under which, the information could be disclosed without prejudicing the interests of the security of the State,
the Minister shall—

(I) notify the Prosecutor or the Court of that opinion and of the specific reasons for it unless to do so would itself necessarily result in prejudicing those interests, and
(II) participate in any consultations requested by the Court under Article 72.7(a)(i) in relation to the issue.

(d) For the purposes of this subsection Article 72 and paragraphs 4 and 5 of Article 93 shall have effect with any necessary modifications.

(e) In any proceedings a document purporting to be signed by the Minister and to certify that in his or her opinion—

(i) disclosure of information in compliance with a request from the Court, or
(ii) as the case may be, any further such disclosure,

would be prejudicial to the interests of the security of the State shall be admissible in evidence, without further proof, of that opinion.

(f) In this subsection references to the disclosure of information include references to the provision of documents, and cognate words shall be construed accordingly.

(3) Where compliance with a request by the Court is prohibited under the law of the State on the basis of a fundamental legal principle of general application, the Minister shall, in accordance with Article 93.3, consult with the Court to try to resolve the matter.

(4) If a request for assistance is refused, the Minister shall inform the Court or the Prosecutor of the reasons for the refusal.

(5) In accordance with Article 93.8 the Minister—

(a) may, when necessary, transmit information or documents to the Prosecutor on a confidential basis for use by him or her solely for the purpose of generating new evidence, and
(b) may subsequently consent to their disclosure.

(6) Any request mentioned in subsection (1) and any supporting or related documents shall constitute official information within the meaning of the Official Secrets Act 1963.

(7) Competing requests for assistance from the Court and from another state pursuant to an international obligation of the State, other than requests for surrender or extradition, shall be dealt with by the Minister in accordance with Article 93.9.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 17.—
(1) A request by the International Criminal Court for the arrest and surrender of a person shall be communicated to the Minister in accordance with Articles 87, 89 and 91.

(2) The request shall be accompanied by—

(a) as accurate a description as possible of the person whose surrender is requested, together with any other information that will help to establish the person’s identity and probable location,
(b) a brief statement of the facts of the case and their legal characterisation,
(c) the original or a certified copy of the warrant of arrest, and
(d) if the request relates to a person who has been convicted by the Court—

(ii) the original or a certified copy of the judgment of conviction,
(iii) information establishing that the person sought is the person referred to in the judgment, and
(iv) the original or a certified copy of any sentence imposed and, in the case of a sentence of imprisonment, a statement of any period already served and the period remaining to be served.

(3) If the information furnished by the Court is in the Minister’s opinion insufficient, the Minister may request it to supply further information or documents.

(4) The Minister shall consult with the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of a request.

(5) The Minister may act on a request or supporting document which otherwise complies with this section notwithstanding that it was received by him or her before the passing of this Act.

(6) An amended warrant of arrest shall be treated as if it were a new warrant, without prejudice to the validity of anything done under the old warrant.

Part 6
Miscellaneous

63.—
(1) In any proceedings—

(a) a document purporting—

(i) to be a request by the International Criminal Court for the arrest and surrender, or provisional arrest, of a person, or for any other form of assistance, or
(ii) to be a document (other than a document mentioned in paragraph (b)) supplied by the Court in relation to the request,

and to be signed by an officer of the Court is admissible, without further proof, as evidence of the request or document and of the matters mentioned in it,

(b) a document purporting—

(i) to be a copy of a warrant of arrest and surrender issued by the International Criminal Court or of a judgment or an order of the Court, and
(ii) to have been certified to be a true copy by an officer of the Court,

is admissible in evidence, without further proof, as a true copy of the warrant,

Rome Statute

Article 59 Arrest proceedings in the custodial State

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.

Article 89 Surrender of persons to the Court

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.