II. Specific provisions

B. Judicial assistance; procedural provisions

Article 18
Questioning of suspects pursuant to requests from the International Criminal Court

(1) Persons questioned pursuant to a request from the International Criminal Court on suspicion of having committed a crime within its jurisdiction shall, prior thereto, be informed of the crime they are suspected of and of their right to:

(a) remain silent without having to fear that such silence will be taken into consideration in the determination of their guilt or innocence;

(b) be represented by the counsel of their choice, and, where they have no counsel, to be assigned counsel pursuant to paragraph 26(2) of the Code of Criminal Procedure;

(c) be questioned in the presence of counsel, unless they waive this right expressly and voluntarily.

(2) Such reference to their rights and the corresponding statement by the persons to be questioned shall be noted in the record. Where the conditions of paragraph 26(2) are fulfilled and the person demands to be questioned in the presence of counsel, the suspect shall be assigned counsel even without applying for one, and shall not have to bear counsel’s costs.