JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

EXPLANATORY STATEMENT

Resolution 955 of 8 November 1994 of the United Nations Security Council has set up an international tribunal for the prosecution of those responsible for genocide and other serious violations of the law. international humanitarian aid committed in the territory of Rwanda, as well as the citizens of Rwanda responsible for violations of this same nature committed in the territory of neighbouring States. In this Resolution, the Statute governing the functioning and powers of the Tribunal for Rwanda is adopted as an annex.

The Resolution, adopted under Chapter VII of the Charter of the United Nations, is directly binding on the Member States, and therefore for Spain, pursuant to the provisions of Article 25 of the Charter. This Resolution is incorporated in our national law, since it has been published in the "Official Gazette of the State" of 24 May 1995, and taking into account that the Security Council Resolution is assimilated to the Treaty ratified by Spain on the basis of which it is issued.

Nevertheless, the fulfillment of the Resolution in the Spanish internal order requires a normative development that provides for some forecasts that will allow it to be used in matters reserved by our Constitution to the Law. Organic.

This Organic Law has an immediate history of the Organic Law 15/1994, of June 1, for cooperation with the International Tribunal for the prosecution of alleged perpetrators of serious violations of the law International humanitarian aid committed in the territory of the former Yugoslavia and includes the same normative provisions mutatis mutandis.

Article 1. Obligation of cooperation.

Spain will provide full cooperation to the International Tribunal for the prosecution of the alleged perpetrators of genocide and other serious violations of international humanitarian law committed in the territory of Rwanda, as to the citizens of Rwanda suspected of being responsible for violations of the same nature committed in the territory of neighbouring States (hereinafter referred to as the "International Tribunal for Rwanda"), established by Resolution 955 (1994) of the Security Council the United Nations.

Article 2. Sources.

Cooperation shall be provided in accordance with the provisions of United Nations Security Council Resolution 955 (1994), the Statute of the International Tribunal for Rwanda, which is annexed to that Resolution, the This Law and, as far as is not foreseen, the general rules of criminal law, both substantive and procedural.

Article 3. Competent authorities.

1. Without prejudice to the powers of the Ministry of Foreign Affairs, the Ministry of Justice shall be the Central Authority competent to deal with the requests for cooperation of the International Tribunal for Rwanda and those which it addressed.

2. The objective competence in the field of cooperation with the International Tribunal for Rwanda falls exclusively to the organs of the National Court, within the scope of their respective powers.

Article 4. Concurrent jurisdiction.

1. Where the Spanish Courts of the ordinary or military jurisdiction are competent, in accordance with their respective organic and procedural rules, to judge acts falling within the scope of the Statute of the International Court for Rwanda, shall initiate or continue the proceedings, as long as they are not required for inhibition by the International Tribunal.

2. Having received the request for inhibition, the Judge or the Court shall suspend the proceedings and, without prejudice to any further examination of urgent proceedings, shall send the action to the National Court, which shall cite a decision of inhibition in favour of the Court. International for Rwanda. The military judicial organs, if any, will refer the actions, through the Central Military Tribunal, to the National Court.

3. The National Court may dismiss the request if the fact does not fall within the scope of temporary or territorial jurisdiction of the International Tribunal for Rwanda.

4. No Spanish Judge or Court may bring judicial dispute to the International Tribunal for Rwanda, limiting itself to stating the reasons for its own jurisdiction.

Article 5. Principle "non bis in idem".

The persons judged in Spain may be also by the International Tribunal for Rwanda, for the same facts, if the qualification given by the Spanish Courts is not to be founded on the classifications provided for in the Statute of the International Court.

Article 6. Stop and Delivery.

1. Any person who has been established in the Spanish territory against whom an accusation has been confirmed and who has been issued by the Court of First Instance of the International Tribunal for Rwanda shall be detained and informed of the charges that are charged to him by the Central Court of Instruction of the National Court.

2. The National Court will agree to the surrender, without the need for a formal extradition procedure, specifying in the same resolution the maximum duration of the provisional prison that is applicable according to the Spanish legislation.

Article 7. Appearance before the International Tribunal for Rwanda.

1. The persons summoned to appear before the International Tribunal for Rwanda, as witnesses or experts, shall have the same obligation to appear as required to appear in Spain.

2. The Ministry of Justice will anticipate the precise expenses for the appearance.

3. Spain guarantees the immunity and inviolability of persons in transit to appear before the International Tribunal for Rwanda.

Article 8. Compliance with penalties.

1. If Spain makes the declaration provided for in Article 26 of the Statute of the International Tribunal for Rwanda, it shall specify in the latter the procedure for the execution of the sentence and that it shall not exceed the maximum laid down for the Custodial sentences in Spain.

2. The Prison Surveillance Judges will report to the National Court, and is to the Ministry of Justice, of any significant impact on compliance.

3. When a file for pardon or commutation is initiated, the Ministry of Justice shall bring it to the attention of the International Tribunal for Rwanda, and no resolution may be adopted until the International Court has ruled, The benefit shall be refused if the Court so decides.

Single end disposition. Effective.

1. This Law shall enter into force on the day following that of its publication in the Official Gazette of the State.

2. This Law shall remain in force until the dissolution of the International Tribunal for Rwanda, without prejudice to the effects arising from the application of Article 8.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid1deJuly 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ