BWBV0007040
Artikel 36
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. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for the purposes of identification, deposition or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to the crimes to which the States Parties concerned apply this Convention, may be transferred if the following conditions are met:
a) The person freely gives informed consent; and
b) The competent authorities of the States Parties concerned agree, subject to such conditions as those States Parties may deem appropriate.
2. For the purposes of paragraph 1:
a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;
b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;
c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;
d) The person transferred shall receive credit for service of the sentence being served in the State Party from which the person was transferred for time spent in the custody of the State Party to which the person was transferred.
a) The person freely gives informed consent; and
b) The competent authorities of the States Parties concerned agree, subject to such conditions as those States Parties may deem appropriate.
2. For the purposes of paragraph 1:
a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;
b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;
c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;
d) The person transferred shall receive credit for service of the sentence being served in the State Party from which the person was transferred for time spent in the custody of the State Party to which the person was transferred.
- Citeren als
- Art. 36
- Status
- Geldend recht
- Identificatie
- BWBV0007040
- Officiële bron
- wetten.overheid.nl