Key Benefits:
Act of 2 December 2015, laying down provisions relating to the institution of the successors of legal successors of international or internationalised criminal tribunals established in the Netherlands (Implementing Law Residual Mechanisms Criminal Tribunals)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that it is necessary to provide some legal provisions in connection with the creation of legal successors of international or internationalised criminal tribunals established in the Netherlands;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Residual mechanism: the legal successor of a criminal tribunal established in the Netherlands with a temporary character, including the prosecutor of that legal successor;
b. Staff Regulations: the Statute of the Restaration Mechanism;
c. oversupply: the posting of a person by the Netherlands to the Restoration Mechanism in favour of a criminal investigation directed against him by the Restoration Mechanism or in the enforcement of a prison sentence imposed by the Restoration Mechanism;
ed. Transit: accompanied transport into the Netherlands territory of a person from a foreign state and the intended use of the Restarting Mechanism, or from the Restarting Mechanism and a foreign State as a destination,
e. Our Minister: Our Minister of Security and Justice.
2 In this Act, the following definitions shall apply:
a. in the Netherlands: in the public bodies of Bonaire, Sint Eustatius and Saba;
b. Dutch officials: officials of the public bodies of Bonaire, Sint Eustatius and Saba;
c. Dutch territory: the territory of the public bodies of Bonaire, Sint Eustatius and Saba,
ed. Dutch law: a law of force in the public bodies of Bonaire, Sint Eustatius and Saba.
3 Under public prosecutor and relief officer, only for the purposes of the application Article 5, second paragraph ',' means the prosecutor of the prosecutor's office in the court of first instance of Bonaire, St Eustatius and Saba, who is the judicial officer of the judicial authority, as intended for the purposes of the proceedings. Article 191 of the Code of Criminal Procedure BES .
In the case of a general measure of management, the Restarting Mechanisms to which this Law applies shall be designated.
The Dutch law does not apply to deprivation of liberty under the Residual Mechanism within the Residual Mechanism in the Netherlands.
At the request of the Restarting Mechanism, persons may be handed over to the Restarting Mechanism in respect of offences under which the Restarting Mechanism has jurisdiction under its Statute.
1 At the request of the Restarting Mechanism, persons whose detention has been ordered by the Restarting Mechanism and found to be found in the Netherlands may be suspended for the time being.
2 Any officer of the judiciary and auxiliary officer shall be empowered to order the provisional arrest.
3 The Articles 14 (2) to (5) , 15 , 16, first paragraph, point (a) , 16a and 17 of the extradition law shall be applicable mutatis mutandis, except that the person detained shall be led to the district court of The Hague as soon as possible before the district prosecutor. For the application of Article 16a of the Extradition Law Mr President, the prosecutor at the Hague District Court, The Hague, is replaced by the prosecutor at the Amsterdam district court.
1 To the consideration of requests from the Restarting Mechanism to surrender, the Court of The Hague shall be competent to exclude it.
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 of the extradition law 'Prosecutor at the Amsterdam district court' shall be replaced by the 'Prosecutor': the district prosecutor of the district court of the Hague.
3 It must be the court which, on the question of the ability to grant the request for the Restation Mechanism, is to judge whether it is not possible to establish that it is the person whose surrender has been requested, in respect of the person who has been accompanied by it, or (c) either that the surrender has been requested in respect of offences which appear to have not been notified to the Restarting Mechanism as a result of its Statute, it shall, in its judgment, declare that the surrender is inadmissible.
In the case of cases other than those provided for in paragraph 3, the court shall declare the surrender admissible on the date of its ruling. The ruling will be enforceable in a moment.
5 The Articles 29 , 30, first paragraph, 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, of the extradition law 'Prosecutor at the Amsterdam District Court in Amsterdam' is replaced by the 'Prosecutor': the D.A. at the Arrondissementsparket Den Haag.
After acceptance of the request for surrender, the person to be delivered shall be placed at the disposal of the Restarter mechanism. A corresponding Article 27 of the extradition law A detention order may be continued until then.
1 The transit of persons shall be carried out under the instructions of the Restarting Mechanism and under the control of Dutch officials appointed by our Minister.
2 Transport in the Netherlands outside the premises of the accused or other persons to which the Restmechanism has been deprived of their freedom under the Restable Mechanism shall be commissioned by the Restarting Mechanism. under the control of Dutch officials appointed by our Minister.
3 The officials referred to in this Article shall have the power to take all appropriate measures to ensure the protection of the persons concerned and to prevent them from taking up their escape.
Police details as referred to in Article 1 (a) of the Law of the Police the Restarting Mechanism may also be made without a request to the Restarting Mechanism if it is necessary for the proper performance of its task. The provision shall be made by the intervention of the national police unit, as referred to in Article 4 (2). Article 25 of the Polition Act 2012 .
1 To the request of the Restarting Mechanism for any kind of legal assistance addressed to an organ of justice or police in the Netherlands, whether or not in particular referred to in particular, is given as much as possible the desired effect.
2 The Articles 552i , 552j , 552n , 552o to 552q -with the exception of the reference in Article 552p, fourth paragraph , to Article 552d, 2nd paragraph-of 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 Restarting Mechanism shall be authorised, on request, to be present at present in the execution of the requests referred to in paragraph 1 and to make the necessary questions to persons involved in such implementation.
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.
Persons who are present in the Netherlands and whose joint presentation has been ordered by the Restarting Mechanism as a witness or expert may be held by the D.A. at the Arrondissementsparket Den Haag and at the disposal of the Residual mechanism set.
1 Without prejudice to the provisions of Article 8 the nationality of witnesses or experts, of any nationality, to be sent to the Netherlands by a summons or notice of the Restarting Mechanism or as a result of an order to bring the Restarant Mechanism to the Netherlands, may not be accepted in the Netherlands. prosecuted, detained or subject to any other restraining order for acts or convictions that preceded their arrival in the Netherlands.
2 Immunity as referred to in paragraph 1 shall be waived if the witness or expert, although he was no longer required by the Restarting Mechanism for 15 consecutive days from the time when his presence was no longer required by the Restarting Mechanism, The Netherlands to leave, but it has remained in the Netherlands or has returned to the Netherlands after having left the Netherlands.
Persons who, under the Staff Regulations, cannot claim immunity from the jurisdiction of the Restation Mechanism cannot, for the purposes of this Act, make such claim in respect of the jurisdiction of the Convention. Dutch courts and the enforceability of his decisions.
This part has not (yet) entered into force; see the summary of changes
The Law Special Court for Sierra Leone shall be withdrawn.
This law is cited as: Implementing law residual mechanisms criminal tribunals.
The articles of this Law enter into force on a date to be determined by royal decree, which may be determined differently for the various articles.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 2 December 2015
William-Alexander
The Minister for Security and Justice,
G.A. van der Steur
Published the 11th December 2015The Minister for Security and Justice,
G.A. van der Steur
