Advanced Search

Act (1994:569) On Sweden's Cooperation With The International Criminal Tribunals For Crimes Against International Humanitarian Law

Original Language Title: Lag (1994:569) om Sveriges samarbete med de internationella tribunalerna för brott mot internationell humanitär rätt

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
General provisions



section 1 of this Act applies in relation to the following

tribunals:



1. the United Nations Security Council on 25 May 1993

establishment of the International Criminal Tribunal for the former Yugoslavia,



2. most of the United Nations Security Council on 8 november 1994

establishment of the International Criminal Tribunal for Rwanda, and



3. most of the United Nations Security Council on december 22, 2010

established international avvecklingsmekanismen for

brottmålstribunaler.



If any of the tribunals requests the assistance of Sweden,

should the requested action to be taken by virtue of this

team. Team (2013:448).



section 2 of an application referred to in paragraph 1 shall be submitted to

The Department of Justice. Notifications of and accounting for a

case to the Court shall be transmitted by the

The Department of Justice.



The application and attached documents under this Act shall be

written in English or Swedish, or be accompanied by a

translation into one of these languages. Law (2002:330).



Extradition



section 3, a person who before the Court are suspected, accused or convicted

for crimes covered by the Court's jurisdiction and that

resident in Sweden may be disclosed to the Tribunal after a decision by

the Government.



A decision on detention or a judgment by the Court's rulings on

jurisdiction in order to be accepted as the basis for a decision on

extradition, unless it is apparent that the arrest warrant or

the judgment is manifestly incorrect.



4 section a request to a person referred to in paragraph 3 of the first subparagraph shall

handed over to the Tribunal shall be forwarded to the Prosecutor General.

Who shall give an opinion to the Government. The basis for its

opinion, the Attorney General let execute the necessary investigation

According to what is prescribed if the preliminary investigation in criminal cases. Then

the investigation ended, the Attorney General shall refer the matter

together with its opinion to the Government.



Before the Government decides the matter, it shall, if there are special

reasons, seek the opinion of the Supreme Court.



§ 5 in a case of extradition to the tribunal, coercive

be used without specific investigation has been submitted in support of the

to that referred to in the application has committed the crime reported.

If the Court has requested that the application be referred to with

detained, the detention take place unless it is clear that the

reasons for detention are missing. Anyone who is detained may request new

a hearing will be held within three weeks of the decision within

has been notified. Moreover, in the case of coercive measures what's in

generally is prescribed for criminal cases.



Decisions on coercive measures can be notified even after the extradition

has been decided. Decisions by the Court applies, unless otherwise decided,

until the case has been settled or, when extradition was decided,

until this has been executed. Law (2002:330).



section 6 of The suspected, accused or convicted of crimes,

which under this law can give rise to extradition to a

the Tribunal, at the request of the Court, or due to

search warrant issued on the basis of the decision of

the Court, immediately arrest or imposed travel bans or

duty of a Prosecutor as generally

applies in criminal proceedings. Seizures may also occur in such cases.

Arrest shall be made unless it is clear that the reasons for

arrest is missing.



Coercive measures provided for in the first subparagraph may be used without

specific investigation has been submitted to support the referred to

with the application has committed the crime reported.



If it is decided whether the coercive measures provided for in the first subparagraph, shall

section 23 of the second-fourth subparagraphs Act (1957:668) on extradition for

crimes shall apply. Law (2002:330).



paragraph 7 of the terms of extradition to the court case of §§ 25 and 26 (a)

Act (1957:668) on extradition for criminal offences. Law (2002:330).



section 8 a decision on extradition to the Court should

be enforced by the police. If the person to be extradited is

on the loose, he may, if necessary to

the extradition shall be carried out, disposed of and put into

the detention of the police authority, but under 48 hours.

Law (2014:638).



8 a of the General Court and the State requesting extradition for the same

person, the Government decides on the person to be extradited to

the Court or to the State. Law (2002:330).



Legal assistance



section 9 On the request of the Court, legal assistance is provided

under the Act (2000:562) on international legal assistance in

criminal proceedings unless otherwise follows from this law. Legal assistance,

not be subject to the Act to which it relates does not meet the

crime under Swedish law.



The provisions of Chapter 2. section 14 of the Act on the first paragraph

international legal assistance in criminal matters does not apply if a

denial would contravene Sweden's obligations towards the Tribunal.

The provisions of Chapter 2. paragraph, Chapter 4. § 33 and

paragraph 34 that law shall not apply.



The General Court shall be given an opportunity to be heard before legal

help be subject to conditions referred to in Chapter 5. section 2 of the Act on

international legal assistance in criminal matters. Law (2002:330).



9 (a) repealed by law (2002:330).



Evidence, etc.



section 10 if, during the processing of an application for legal assistance

in criminal matters of the Tribunal, it appears that the application is incompatible

with such a request for legal assistance in criminal matters from a different

State which are dealt with under the Act (2000:562) on international

legal assistance in criminal matters, the question submitted to the

the Government, which decides which of the applications should be

seniority. Law (2002:330).



Penalty enforcement etc.



section 11 of the Government to the Court's request decide that one of

the Court handed down the prison sentence may be executed in Sweden.

The Government may announce the instructions in individual cases

needed for the sentence here.



At the enforcement applied section 25 of Act (1972:260) if

international cooperation on enforcement of

criminal conviction. Enforcement shall cease, if the Court

informs that it has granted the condemned clemency or announced

any other decision which means that the sanction

can no longer be enforced.



Questions about parole are being assessed by the Government then

the Court had the opportunity to be heard. The Government may, in

these cases decide that parole should be done at a

later time than that resulting from the criminal code. Law (2002:330).



section 12 of the representatives of the Tribunal or the court appoints for

to investigate the treatment of serving sentence imposed by

the Court has the right to visit the place where the person is

placed. The person responsible for any serving such

punishment, shall leave the conducting the survey it assistance

they need to be able to carry out their tasks.

Act (2000:573).



Transport of detainees through Sweden



12 a of the Responsible Minister may authorize

transport by Sweden of an arrested person

to be disclosed or for any other purpose shall be transferred between a

other States and the Tribunal. During such transport,

detention consist if not the Court requests that the

transferred should be freed.



For transport by air without a scheduled stopover in this country

authorization is not required under the first subparagraph. If an unplanned

stopover occurs, the Police take the transmitted

in custody until an application is made for permission to

transport within the meaning of the first subparagraph and shall forthwith inform the

responsible Minister about this. No claim within 96

hours of the unscheduled landing, the person

immediate release.



If permission has been granted in accordance with the first subparagraph,

The police authority, if necessary, take the transferred into custody. In

the case of coercive measures in a case of transport

the provisions of § 5. Law (2015:105).



Other provisions



section 13, at the request of the Court, an ongoing prosecution in Sweden

be transferred to the Tribunal. If such a request is made, the prosecution does not

brought for the crime. Brought the prosecution over after the prosecution has

brought, this admissibility in criminal proceedings.



The issue of responsibility for a certain acts of the Court,

prosecution for the same Act not be brought in Sweden.



section 14 If the Court requests that an action must be taken

with regard to the suspect or have been charged with or convicted of

crimes, he shall, if he so requests, be accompanied by a public

Defender. In the case of such a case of procedural code

provisions. Act (2000:573).



section 15 of the witness or plaintiff or expert in Sweden that have

summoned to appear before the Tribunal are entitled to compensation for their

appearance according to rules announced by the Government.



section 16 of the Reimbursement of public funds to public defender or to

other as well as other costs of measures taken under

This Act shall be paid by the State.



section 17 of the Regulations in other regulatory action if service

and judicial assistance to the Court or authority of another State

apply to applications from the Court, if they are not in conflict

against the provisions of this law. Law (2002:330).