Part 5
Other Requests

53.—

(1) This section applies where the Minister receives from the International Criminal Court a request under Article 93.1(c) for the questioning of any person who is suspected of having committed an ICC offence.

(2) Where this section applies, the Minister shall, subject to section 4, send a copy of the request and any accompanying documents to the Commissioner of the Garda Síochána.

(3) The Commissioner shall arrange for the questioning of the person concerned by a member or members of the Garda Síochána in a Garda station.

(4) The person shall not be questioned in pursuance of the request unless he or she—

(a) consents to be questioned,
(b) has been informed of his or her rights, as referred to in Article 55,
(c) is provided, where necessary, with a competent interpreter and legal assistance in accordance with paragraph 2 of that Article.

(5) The consent may be given either—

(a) by the person concerned, or
(b) where, by reason of the person’s physical or mental condition or his or her youth, it would be inappropriate for the person to act for himself or herself, by an appropriate person acting on the person’s behalf.

(6) The questioning shall be videorecorded and the recording, together with any form of authentication specified in the request, sent by the Commissioner to the Minister for transmission to the Court.

(7) The questioning shall, subject to this section, be conducted in accordance with any directions in that regard contained in the request.