Rome Statute of the International Criminal Court
7.
Once ordered to be surrendered by the custodial State, the person shall be delivered
to the Court as soon as possible.
Article 60
Initial proceedings before the Court
1.
Upon the surrender of the person to the Court, or the person's appearance before the
Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself
that the person has been informed of the crimes which he or she is alleged to have
committed, and of his or her rights under this Statute, including the right to apply for
interim release pending trial.
2.
A person subject to a warrant of arrest may apply for interim release pending trial.
If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58,
paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied,
the Pre-Trial Chamber shall release the person, with or without conditions.
3.
The Pre-Trial Chamber shall periodically review its ruling on the release or detention
of the person, and may do so at any time on the request of the Prosecutor or the person.
Upon such review, it may modify its ruling as to detention, release or conditions of
release, if it is satisfied that changed circumstances so require.
4.
The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable
period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs,
the Court shall consider releasing the person, with or without conditions.
5.
If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the
presence of a person who has been released.
Article 61
Confirmation of the charges before trial
1.
Subject to the provisions of paragraph 2, within a reasonable time after the person's
surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall
hold a hearing to confirm the charges on which the Prosecutor intends to seek trial.
The hearing shall be held in the presence of the Prosecutor and the person charged,
as well as his or her counsel.
2.
The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion,
hold a hearing in the absence of the person charged to confirm the charges on which
the Prosecutor intends to seek trial when the person has:
(a)
Waived his or her right to be present; or
(b)
Fled or cannot be found and all reasonable steps have been taken to secure
his or her appearance before the Court and to inform the person of the
charges and that a hearing to confirm those charges will be held.
In that case, the person shall be represented by counsel where the Pre-Trial Chamber
determines that it is in the interests of justice.
3.
Within a reasonable time before the hearing, the person shall:
(a)
Be provided with a copy of the document containing the charges on which
the Prosecutor intends to bring the person to trial; and
(b)
Be informed of the evidence on which the Prosecutor intends to rely at the
hearing.
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