BWBV0007040
Artikel 34
Verdrag van Ljubljana-Den Haag inzake internationale samenwerking bij de opsporing en vervolging van genocide, misdrijven tegen de menselijkheid, oorlogsmisdrijven en andere internationale misdrijven
1. If a person is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the latter may request that the hearing takes place by video conference, as provided for in paragraphs 2 to 7. This paragraph may also be applied to the use of video conference for other purposes, such as the identification of objects, persons or places, if agreed by the requested State Party.
2. The requested State Party shall agree to the hearing by video conference provided that the use of the video conference is not contrary to basic principles of its domestic law and on the condition that it has the technical means to carry out the hearing by video conference. If the requested State Party has no access to the technical means to carry out the hearing by video conference, such means may be made available to it by the requesting State Party by mutual agreement.
3. Requests for a hearing by video conference shall contain, in addition to the information referred to in article 25, the name of the judicial authority conducting the hearing or, if agreed by the requested State Party, another competent authority conducting the hearing.
4. The judicial authority of the requested State Party may summon the person concerned to appear in accordance with the forms laid down by its domestic law.
5. With reference to a hearing by video conference, the following rules shall apply:
a) A judicial authority of the requested State Party shall be present during the hearing, where necessary assisted by an interpreter, and may also be responsible for ensuring both the identification of the person to be heard and respect for the basic principles of the domestic law of the requested State Party; if the judicial authority of the requested State Party is of the view that during the hearing the basic principles of the domestic law of the requested State Party are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with those principles;
b) Measures for the protection of the person to be heard shall be agreed, where necessary, between the competent authorities of the requesting and the requested States Parties;
c) The hearing shall be conducted directly by, or under the direction of, the judicial authority of the requesting State Party in accordance with its domestic law;
d) At the request of the requesting State Party or the person to be heard, the requested State Party shall ensure that the person to be heard is assisted by an interpreter and/or a legal counsel, if necessary;
e) The person to be heard may claim the right not to make a deposition which would accrue to that person under the domestic law of either the requested or the requesting State Party.
6. States Parties may at their discretion also apply the provisions of this article to hearings by video conference involving the accused person or the suspect on the basis of the person's consent. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to consent of both States Parties concerned, and in accordance with their domestic laws and relevant international instruments.
7. This article is without prejudice to any agreement or arrangement allowing hearing by video conference to be undertaken by other means.
2. The requested State Party shall agree to the hearing by video conference provided that the use of the video conference is not contrary to basic principles of its domestic law and on the condition that it has the technical means to carry out the hearing by video conference. If the requested State Party has no access to the technical means to carry out the hearing by video conference, such means may be made available to it by the requesting State Party by mutual agreement.
3. Requests for a hearing by video conference shall contain, in addition to the information referred to in article 25, the name of the judicial authority conducting the hearing or, if agreed by the requested State Party, another competent authority conducting the hearing.
4. The judicial authority of the requested State Party may summon the person concerned to appear in accordance with the forms laid down by its domestic law.
5. With reference to a hearing by video conference, the following rules shall apply:
a) A judicial authority of the requested State Party shall be present during the hearing, where necessary assisted by an interpreter, and may also be responsible for ensuring both the identification of the person to be heard and respect for the basic principles of the domestic law of the requested State Party; if the judicial authority of the requested State Party is of the view that during the hearing the basic principles of the domestic law of the requested State Party are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with those principles;
b) Measures for the protection of the person to be heard shall be agreed, where necessary, between the competent authorities of the requesting and the requested States Parties;
c) The hearing shall be conducted directly by, or under the direction of, the judicial authority of the requesting State Party in accordance with its domestic law;
d) At the request of the requesting State Party or the person to be heard, the requested State Party shall ensure that the person to be heard is assisted by an interpreter and/or a legal counsel, if necessary;
e) The person to be heard may claim the right not to make a deposition which would accrue to that person under the domestic law of either the requested or the requesting State Party.
6. States Parties may at their discretion also apply the provisions of this article to hearings by video conference involving the accused person or the suspect on the basis of the person's consent. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to consent of both States Parties concerned, and in accordance with their domestic laws and relevant international instruments.
7. This article is without prejudice to any agreement or arrangement allowing hearing by video conference to be undertaken by other means.
- Citeren als
- Art. 34
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl