Equipo Nizkor - Iceland: Law No. 49 on Legal Aid to the ICTY.

A Bill on Legal Aid to the International Tribunal for Trial of War Crimes in Former Yugoslavia, submitted to the Althing at its 117th legislative session, 1994, adopted without any changes by the Althing (Parliament) on 28 April 1994 as Law No. 49,1994, and published in the official gazette on 9 May 1994

CHAPTER I
Sphere of Application, et al.

Section 1

Requests by the International Tribunal established by the Security Council of the United Nations for trying the cases of persons suspected, indicted or convicted of serious violations of international humanitarian law committed in former Yugoslavia, for measures to be taken in Iceland relating to the investigation or trial of such cases, shall be handled as provided for in this Act.

Section 2

A request to which this Act applies may be received either from a Chamber of the Tribunal, or its Prosecutor. The request shall be sent to the Minister of Justice, who in other respects shall be in charge of any relations with the International Tribunal.

CHAPTER II
Extradition

Section 3

A request by the International Tribunal for extradition to the Tribunal of a person staying within the Icelandic territorial jurisdiction, who is suspected of or has been indicted for or convicted of an act subject to the jurisdiction of the Tribunal, shall be granted by the Minister of Justice.

Decisions of the Tribunal concerning arrest or custody, or any notifications of conviction, shall be used as a basis for the examination of any requests for extradition under the first paragraph.

The Minister of Justice may turn down a request if the request itself or other evidence indicate that it is manifestly incorrect.

Section 4

A request which is not immediately turned down in accordance with the third paragraph of Section 3 shall be forwarded to the Director of Public Prosecutions, who shall be responsible for having any necessary investigation and measures carried out.

Investigation shall be governed by the provisions of the Code of Criminal Procedure. The same shall aoply to procedure in court by reason of a request brought up in accordance with Sections 5-7.

Section 5

A person whose extradition is requested may be arrested, detained in custody or subjected to other coercive measures in accordance with the Code of Criminal Procedure.

A detention in custody or application of other coercive measures shall be limited to a definite period of time, not longer than until a final decision is taken to turn down a request for extradition, or until a decision to grant extradition is implemented.

A person detained in custody by reason of a request for extradition can, when 30 days have passed since the decision to detain him was rendered, request that his case be taken up for reconsideration.

Section 6

When the International Tribunal has declared a person wanted who is staying in Iceland and who would be extraditable in accordance with this Act, that person may be arrested, detained in custody or subjected to other coercive measures in accordance with the Code of Criminal Procedure. Any such measures shall be notified to the Minister of Justice immediately.

Detention in custody and other coercive measures may not be applied for a period of more than 30 days, unless a request for extradition is received within that period. The provisions of Sections 3-5 shall then apply.

Section 7

After an investigation and other necessary measures have been completed the Minister of Justice shall decide whether extradition to the International Tribunal shall be granted, and if so in what manner.

A person to be extradited can request a district court resolution of whether the legal conditions for extradition are fulfilled. The person in question shall be notified of this possibility. A request for such resolution must be received by the Director of Public Prosecutions or the Minister of Justice not later than one day after the notification has been made. If a resolution has been requested extradition shall not be carried out until a final court decision has been rendered.

A person being extradited from another country to the International Tribunal may be transferred through Icelandic territory.

CHAPTER III
Requests for other Legal Aid

Section 8

When the International Tribunal requests measures to be taken in Iceland on account of investigation in a case subject to the jurisdiction of the Tribunal, the request shall be granted and sent to the Director of Public Prosecutions for further procedure. The Director of Public Prosecutions shall decide how the matter shall be investigated and who shall be in charge of it. The investigation shall be conducted in accordance with the provisions of the Code of criminal Procedure.

Section 9

When the International Tribunal requests that the statement of a person be obtained in court the Director of Public Prosecutions shall send a request to that effect to the relevant district court, where the statement shall be obtained in accordance with the Code of Criminal Procedure.

Section 10

The Prosecutor of the Internat iona1 Tr ibuna1, or his representative, shall be entitled to attend police interrogation or testimony in court, as well as other investigative measures in accordance with the present Chapter of this Act.

CHAPTER IV
Transfer of a Person Deprived of his Liberty in Order to Receive his Statement

Section 11

The Minister of Justice may decide that a person who has been deprived of his liberty in Iceland shall be transferred to the International Tribunal for the purpose of receiving his statement, or in order that he may be questioned jointly with another person, in connection with investigation or procedure, if the statement or questioning relates to a crime committed by a person other than the person deprived of his liberty. Such transfer may however only take place with the approval of the person in question.

CHAPTER V
Enforcement of the Judgments of the international Tribunal

Section 12

If requested by the International Tribunal, its judgments may be enforced in Iceland. Enforcement of the judgments of the Tribunal shall be governed by the provisions of the Act on International Cooperation for Enforcement of Criminal Judgments, as applicable. The judgments may be enforced even if' the convicted person is not an Icelandic national or residing in Iceland.

When enforcing sanctions in Iceland in accordance with judgments of the International Tribunal the provisions of Section 23, first paragraph (a), of the Act on International Cooperation for Enforcement of Criminal Judgments, shall apply.

Any decision on release from the sentence imposed shall be taken by the International Tribunal.

CHAPTER VI
Other Provisions

Section 13

A person can not be indicted or sentenced in Iceland on account of an act subject to investigation by or procedure before the International Tribunal, or an act with respect to which the International Tribunal has rendered a judgment.

Section 14

When measures are taken against a person who is under suspicion or has been indicted or convicted by the International Tribunal in relation to an act subject to its jurisdiction, that person shall have the right of having appointed a representative of his own choosing to guard his rights and provide legal counsel in connection with the procedure in Iceland. In this respect the provisions of the Code of Criminal Procedure shall apply.

Section 15

The Minister of Justice may issue a regulation providing for the implementation of this Act in further detail and for direct relations between others and the International Tribunal.

Section 16

This Act shall enter into effect immediately.

Explanatory Notes Accompanying this Bill

I. Introduction

On 25 May 1993 the Security Council of the United Nations approved Resolution 873 (1993) on the establishment of an international tribunal for prosecution of persons believed to be responsible for serious violations of international humanitarian law committed in former Yugoslavia from and including 1 January 1991.

The resolution of the Council is based on the provisions in Chapter VII of the Charter of the United Nations. The tribunal is established in the purpose of instituting and maintaining peace and security. As the resolution is adopted by reference to Chapter VII of the Charter it is binding upon the member states of the organization, and they are obliged to take the necessary measures to implement the decision.

By Resolution 827 (1993) the Security Council furthermore approved the Statute of the International Tribunal. The statute does not need ratification by the member states.

28Apr1994 - ISL

Law No. 49 on Legal Aid to the ICTY

[By way of: International Committee of the Red Cross. English translation fro Icelandic.]

Legislation
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