BWBV0006484
Geldig vanaf 01-09-2016
Artikel 22
Verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Naties betreffende de zetel van het Internationaal Restmechanisme voor Straftribunalen
1. Defence counsel, when holding a certificate that they have been admitted as counsel by the Mechanism and when performing their official functions, and after prior notification by the Mechanism to the host State of their mission, arrival and final departure, shall enjoy the same privileges, immunities and facilities as are accorded to experts on mission for the United Nations under Article VI, Section 22, paragraphs (a)-(c) of the General Convention, including as modified and supplemented below:
a) immunity from personal arrest or detention or any other restriction of their liberty and from seizure of their personal baggage;
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Mechanism;
c) inviolability of all official papers and documents in whatever form and materials;
d) together with members of their family forming part of the household, exemption from immigration restrictions and alien registration;
e) for the purpose of their communications in pursuance of their functions as counsel, the right to receive and send papers in whatever form;
f) exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the host State; an inspection in such a case shall be conducted in the presence of the counsel concerned;
g) the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign governments on temporary official missions; and
h) together with members of their family forming part of the household, the same repatriation facilities in time of international crisis as are accorded to diplomatic envoys under the Vienna Convention.
2. Upon their appointment in accordance with the Statute and the Rules of Procedure and Evidence, defence counsel shall be provided with a certificate by the Registrar for the period required for the performance of their functions. This certificate shall be withdrawn if the power or mandate is terminated prior to the expiry of the certificate.
3. Upon receipt of the certificate in accordance with paragraph 2 of this Article, the Ministry of Foreign Affairs shall issue an identity card to defence counsel, should they be required to stay in the host State for a period longer than 90 days and hold a non-European Union nationality.
4. Where the incidence of any form of taxation depends upon residence, periods during which defence counsel are present in the host State for the discharge of their functions shall not be considered as periods of residence.
5. Defence counsel who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions before the Mechanism:
a) immunity from personal arrest or detention or any other restriction of their liberty;
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Mechanism;
c) inviolability of all official papers and documents in whatever form and materials; and
d) for the purpose of their communications in pursuance of their functions as defence counsel, the right to receive and send papers in whatever form.
6. Defence counsel shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Mechanism.
7. This Article shall be without prejudice to such disciplinary rules as may be applicable to defence counsel.
8. At the final departure of defence counsel or when defence counsel has ceased to perform his or her functions for the Mechanism, the identity card referred to in paragraph 3 of this Article shall be promptly returned by the Mechanism to the Ministry of Foreign Affairs.
9. The provisions of this Article shall apply, mutatis mutandis, to persons assisting defence counsel, recognised by the Registrar as such, in accordance with the relevant rules and procedures.
a) immunity from personal arrest or detention or any other restriction of their liberty and from seizure of their personal baggage;
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Mechanism;
c) inviolability of all official papers and documents in whatever form and materials;
d) together with members of their family forming part of the household, exemption from immigration restrictions and alien registration;
e) for the purpose of their communications in pursuance of their functions as counsel, the right to receive and send papers in whatever form;
f) exemption from inspection of personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the host State; an inspection in such a case shall be conducted in the presence of the counsel concerned;
g) the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign governments on temporary official missions; and
h) together with members of their family forming part of the household, the same repatriation facilities in time of international crisis as are accorded to diplomatic envoys under the Vienna Convention.
2. Upon their appointment in accordance with the Statute and the Rules of Procedure and Evidence, defence counsel shall be provided with a certificate by the Registrar for the period required for the performance of their functions. This certificate shall be withdrawn if the power or mandate is terminated prior to the expiry of the certificate.
3. Upon receipt of the certificate in accordance with paragraph 2 of this Article, the Ministry of Foreign Affairs shall issue an identity card to defence counsel, should they be required to stay in the host State for a period longer than 90 days and hold a non-European Union nationality.
4. Where the incidence of any form of taxation depends upon residence, periods during which defence counsel are present in the host State for the discharge of their functions shall not be considered as periods of residence.
5. Defence counsel who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions before the Mechanism:
a) immunity from personal arrest or detention or any other restriction of their liberty;
b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Mechanism;
c) inviolability of all official papers and documents in whatever form and materials; and
d) for the purpose of their communications in pursuance of their functions as defence counsel, the right to receive and send papers in whatever form.
6. Defence counsel shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions before the Mechanism.
7. This Article shall be without prejudice to such disciplinary rules as may be applicable to defence counsel.
8. At the final departure of defence counsel or when defence counsel has ceased to perform his or her functions for the Mechanism, the identity card referred to in paragraph 3 of this Article shall be promptly returned by the Mechanism to the Ministry of Foreign Affairs.
9. The provisions of this Article shall apply, mutatis mutandis, to persons assisting defence counsel, recognised by the Registrar as such, in accordance with the relevant rules and procedures.
- Citeren als
- Art. 22
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006484
- Officiële bron
- wetten.overheid.nl