Détention en attendant la remise

Royaume des Pays-Bas

International Criminal Court Implementation Act 2002

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 4. Hearing and ruling by the District Court

Section 26

1. On the application of the public prosecutor, the District Court may order the remand in custody of the person claimed at the hearing.
2. Before the examination at hearing is concluded, the District Court shall decide on its own initiative concerning the remand in custody of the person claimed, if he has previously been remanded in custody by the investigating judge or detained in police custody.
3. The District Court may, on its own initiative, on the application of the public prosecutor or at the request of the person claimed or his counsel, order that on account of urgent and exceptional circumstances the deprivation of liberty pursuant to the provisions of § 4 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
4. Section 16, subsections 2-5 shall apply mutatis mutandis.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 6. Expedited procedure

Section 39

1. Within ten days of the decision of the public prosecutor as referred to in section 37, subsection 1, the person claimed shall be surrendered to the ICC at a moment to be determined by Our Minister in consultation with the ICC. The person claimed may be remanded in custody (at the order of the investigating judge) or detained in police custody until that moment.

Statut de Rome

Article 89 Remise de certaines personnes à la Cour

3.

c) La personne transportée reste détenue pendant le transit.