Key Benefits:
Law of 29 December 2008 laying down provisions relating to the establishment of the Special Tribunal for Lebanon, including in implementation of United Nations Security Council Resolution 1757 of 30 May 2007 (Special implementing law). Tribunal for Lebanon)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it is necessary to provide some legal provisions for the prosecution of persons by the Special Tribunal for Lebanon responsible for the attack of 14 February 2005, which has been resulted in the death of former Prime Minister Rafiq Hariri and others, including in implementation of United Nations Security Council Resolution 1757 of 30 May 2007, acting under Chapter VII of the Charter of the United Nations Nations, as well as the entry into force of the provisions of the Annex, as set out in the Resolution to Resolution 1757, including the Statute of the Special Court for Lebanon on 10 June 2007;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 For the purposes of this Act, the following definitions shall apply:
(a) Special Tribunal: the Special Tribunal for Lebanon, brought into force by United Nations Security Council Resolution 1757 of 30 May 2007;
Statute: The Statute of the Special Tribunal for Lebanon, annexed to United Nations Security Council Resolution 1757 of 30 May 2007;
(c) surrender: the posting by the Netherlands of a person to the Special Tribunal for a criminal investigation against him at the Special Court;
d. transit: the escorted transport into the Netherlands territory of a person for the purpose of being made available by a foreign State to the Special Tribunal, or by the Special Tribunal to a foreign State;
e. Our Minister: Our Minister of Justice.
2 For the purposes of this Act, the following definitions shall apply:
Dutch territory: the territory of the public bodies of Bonaire, Sint Eustatius and Saba,
Dutch law: a law of force in the public bodies of Bonaire, Sint Eustatius and Saba;
in the Netherlands: in the public bodies of Bonaire, Sint Eustatius and Saba.
At the request of the Special Tribunal, persons may be surrendered to the Special Tribunal for the prosecution and trial of criminal offences in respect of which the Special Tribunal is competent as a result of the Statute of the Special Tribunal.
1 At the request of the Special Tribunal, persons whose arrest has been ordered by the Special Tribunal and found to be present in the Netherlands may be held provisionally.
2 Any officer of the judicial and judicial authority of the judiciary shall have jurisdiction to order the provisional arrest.
3 The provisions of the Articles 14 (2) to (5) , 15 , 16, first paragraph, point (a) , 16a and 17 of the extradition law shall apply mutatis mutandis, except that the person detained shall be predirected to the district prosecutor at the Hague-Gravenhage district as soon as possible. For the purposes of applying Article 16a, the district prosecutor shall be replaced by the Public Prosecutor of the 's-Gravenhage' arrondissementsparket for the purposes of applying Article 16a.
1 The court of the Hague shall be responsible for the exclusion of requests from the Special Tribunal for the surrender of surrender.
2 The Articles 21 to 27 -with the exception of: Article 26, third paragraph ,-and 28, first paragraph, of the extradition law shall be applicable mutatis mutandis. For the application of Article 22a The district prosecutor shall be replaced by the Public Prosecutor at the arrondissementsparket Den Haag in place of the district prosecutor.
3 The court may, in its ruling on the question of susceptibility in favour of the request of the Special Tribunal, declare the surrender inadmissible only if:
(a) in respect of the person who has been accompanied by him, that he is the person whose surrender is sought; or
(b) the surrender has been requested in respect of criminal offences which appear to have no jurisdiction in the Special Court under its Statute.
4 The court ruling shall be enforceable immediately.
5 The Articles 29 , 30, first sentence, and second member , 32 , 33, first and second members , 36 , 41 to 47 -with the exception of the reference in Article 47, third paragraph , to Article 552d, second paragraph, of the Code of Criminal Procedure -and 52 to 60 of the extradition law shall be applicable mutatis mutandis. For the application of Article 41, fifth paragraph, second sentence, of the extradition law The district prosecutor shall be replaced by the Public Prosecutor at the arrondissementsparket Den Haag in place of the district prosecutor.
After acceptance of the request for surrender, the person to be delivered shall be placed at the disposal of the Special Court. A corresponding Article 27 of the extradition law A detention order may be continued until then.
Persons who are in the Netherlands and whose participation as a witness or expert has been ordered by the Special Tribunal may be arrested and made available to the Gravenhage by the District Attorney. Special Tribunal.
1 Transit of suspects and other persons transferred to the Special Tribunal by the authorities of a foreign State or transferred to the Netherlands at the request of the Special Tribunal shall be commissioned by: the Special Tribunal by and under the control of Dutch officials appointed by Our Minister.
2 Transit of suspects and other persons transferred to the authorities of a foreign State by the Special Tribunal from the Netherlands shall be commissioned by the Special Tribunal by and under the control of the Special Tribunal for the transit of suspects and suspects. Minister appointed Dutch officials.
3 The transport in the Netherlands outside the premises of the defendants or of other persons under the jurisdiction of the Special Tribunal to whom the Special Court has been deprived of their freedom shall be commissioned by the Special Tribunal for the purposes of Article 6 (1). Tribunal by and under the control of Dutch officials appointed by Our Minister.
4 The officials referred to in this Article shall be empowered to take all appropriate measures to ensure the protection of the persons concerned and to prevent them from taking up their escape.
Police records may be issued to the Special Court, even without a request for that purpose, if it is necessary for the proper performance of the Tribunal's task. The provision shall be made through the intervention of one or more national police units.
1 To the extent possible, as far as possible, to requests from the Special Tribunal for any kind of legal assistance addressed to a body of justice or police in the Netherlands, whether in particular or not.
2 The Articles 552i , 552j , 552n , 552o, up to 552q -with the exception of the reference in Article 552p, fourth paragraph , to Article 552d, second paragraph -From the Code of Criminal Procedure and Article 51, first and fourth paragraph, of the extradition law shall be applicable mutatis mutandis.
3 representatives of the Special Court shall be permitted, on request, when the request is made to be present in the first paragraph and to request or make the necessary questions to persons concerned by such execution.
4 The Netherlands authorities responsible for the implementation of requests for legal assistance shall be responsible for the safety of the persons concerned and shall, to that end, lay down competent conditions for the manner in which applications are made to comply with the rules of procedure. Step-up execution is given.
1 Witnesses or experts, of any nationality, who, having regard to a summons or summons of the Special Tribunal or as a result of a request to bring the Special Tribunal to the Netherlands, cannot, in the Netherlands, be be prosecuted, detained or subject to any other restraining order for acts or convictions that preceded their arrival in the Netherlands.
2 The immunity referred to in paragraph 1 shall be waived if the witness or expert, although he was no longer required by the Special Tribunal for 15 consecutive days from the time when his presence was no longer required by the Special Tribunal, had The Netherlands to leave but has remained in the Netherlands or has returned to the Netherlands after having left the Netherlands.
Persons who, under the Staff Regulations of the Special Court, are not entitled to immunity from the jurisdiction of the Special Court may not, for the purposes of this Law, make such a claim in respect of any person who is not entitled to immunity from the jurisdiction of the Special Tribunal. of the jurisdiction of the Netherlands courts and the enforceability of its decisions.
The Netherlands law does not apply to freedom of liberty, to be placed at the premises of the Special Tribunal within the jurisdiction of the Special Tribunal in the Netherlands.
This Act shall enter into force from the day following the date of issuance of the Official Gazette in which it is placed.
This law is cited as: Implementing Law Special Tribunal for Lebanon.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 29 December 2008
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Minister for Foreign Affairs,
M. J. M. Verhagen
Published the fifth of February 2009The Minister of Justice,
E. M. H. Hirsch Ballin
