AGREEMENT BETWEEN THE ARGENTINE REPUBLIC At'\lD THE ...

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The Argentine Republic (hereinafter referred to as "Argentina"), ... Court, lhe Presidency shall request Argentina to pr
AGREEMENT BETWEEN THE ARGENTINE REPUBLIC At'\lD THE IN TERNATIONAL CRI MINAL COURT ON THE ENFORCEMENT OF SENTENCES OF THE INTERNATIONAL CRIMINAL COURT The Intem ational Criminal Cou rt (hereina fter referred to as the "Court") and The Argentine Republic (hereinafter referred to as "Argentina"),

PREAMBLE RECALLING Article 103(1)(a) of lhe Rome Statute of the Intem ational Criminal Court (hereinafter referred to as "Rome Statute"), adopted on 17 July 1998 by the United Nations Diplomatic Conference of PIenipotentiaries, accord ing to which sentences of imprisonment pronounced by lhe Court sha ll be served in a State designated by lhe Court from a list of States which ha ve indicated their willingness to accept sentenced persons; RECALLING Rule 200(5) of lhe Rules of Procedure an d Evide nce of lhe Cou rt (hereinafter referred to as " Ru le(s)"), according to which .lhe Court may enter into bilateral arrangements wilh States wilh a view to establishing a tra mework for lhe acceptance of persons sentenced by the Court, cons isten t wi lh lhe Rome Statute; RECALLING lhe widely accep ted intemation al standard s gove rning lhe tre atm en t of pr íso ners inclu din g the Standa rd Minimum Rules for lhe Treatment of Prisoners (lhe Nelson Mandela Rules) adopted by Gene ral Assembly resolution 70/175 of 17 December 2015, lhe Bod y of Princip ies for lhe Protection of all Perso ns un der an y Form of Detention or Imprisonment, ado pted by Gene ral Assem bly resol ution 43/173 of 9 December 1988, an d lhe Basic Principies for lhe Treatm ent of Prisone rs, adopted by General Assembly resol utio n 45/111 of 14 December 1990; N OTING lhe willi ngness of Argentina to accept persons sentenced by the Court; IN ORDER to establish a tramework describing the conditions under which such sentences w ill be enfo rced in Argentina; HA VE AGREED as follows:

Artiele 1 Purpose and scope of the Agreement The Agreement shall regu late mallers relating to or arising from the enfo rcement of senten ces pronounced by the Cour t and served in Argentina .

Artiele 2 Procedure and. information relating to designation 1.

Afte r lhe sentencing of an accused person by lhe Trial Cha mb er, lhe Presi de ncy of lhe Co urt (hereinafter referred to as "Presidency" ) shall communicate wilh Argen tina and requ est Argentina to provide, w ithin 30 calendar days, an indication of its read iness, as a practical matter, to receive a person convicted by the Court.

2.

If Arge ntina ind icates its readiness, as a practical matter, to receive a person conv icted by the Court, lh e Presidency sha ll request Argentina to provide lhe Co urt w ilh updat ed inforrn ation

regarding its national detention regirne, including, ínter alia, recently promulgated legislation and admin istrative gu idelines. 3.

If lhe Presideney d esignates Argentina as lhe State in whic h lhe sen tenced person sh all serve h is or her sentence, it sh all noti fy Argentina of its decision. Wh en notifying Argen tina of its design a tion as the Stat e of en forcemen t, lh e Presiden ey shall tr ansmit, inter alia, th e following information and docu me n ts: (a) The na me, nationality, date and p lace of birth of the sentenced person; (b) A copy of lhe final ju dgment of conviction and of lhe sentence imposed; (c) The lenglh and commencemen t d ate of the sentence an d lhe time rem aining to be served; (d) Th e da te on w h ich the sen tenced person is eligib le for review con ceming th e reduction of h is or h er sen tence; (e)

4.

Wilh due respect for medical confidentiality, any necessary info rm ation conceming lhe state of lhe sentenced person's health, including any med ical treatment that he or she is receiving .

Argentina sha ll promptly d ecid e u p on lhe Court's d esign ation, in acco rdance w ith its n ational law, and in for m th e Pr esiden cy w hether it accep ts th e design ation .

Amele 3

Transfer of the sentenced person 1.

The sentenced pe rso n shall be transferr ed to Argentina as soon as p ossible after Argentina accepts th e designatio n.

2.

The Registrar of th e Court (he reinafte r referred to as "Registr ar" ) sha ll ens u re th e proper tr ansfer of th e senten ced person in consultati on w ilh Argentin a and the host Stat e.

Amele 4

Supernision of enfor cement of sentence and eonditions of imprisonment 1.

The en forcement of a sentence of im prisonment shall be su bject to lhe su pervision of lhe Court and shall be consist en t w ilh widely accepted intemational stan dards govem ing th e trea tment of prisoners.

2.

In order to su pervise lhe enforcement of sentences of imprisonmen t, the Presiden ey shall: (a)

When necessary, request any in forrna tion, report or expert opinion from Argentina o r from any reliable sou rces;

(b) Where appropriate, delega te a judge of the Co urt or a member of lhe staff of lhe Court who will be resp onsible, after no tifying Arg entina, for meeting lhe se ntence d person and hearing his or her víews, wi thout the presence of national authorities; (c) Where appropriate, give Argen tina an opportu nity to comm ent on the views expressed by th e se ntenced perso n pursuant to su b-paragra ph (b).

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3.

Commun ical ions betw een a senlenced pe rson and lhe Court shall be unimpeded an d confidentia1. The Presi dency, in cons u ltatíon wilh Argentina, sha ll respect lhese requirements when esta blishing appropriale arrangemenls for lh e exercise by lh e senlenced person of his or her right to comm unicate wi th lhe Courl about the cond itions of imprisonmenl .

4.

The conditíons of imprisonmenl shall be gove med by lhe law of Argenlin a and shall be consistent wilh w id ely accep led international slan da rds goveming the lre almenl of prisoners. In no case shall such con ditions be mor e or less favourabl e lhan lhose av ailable lo prisoners convicted of similar offences in Argentina.

5.

Argentina shall noti fy lhe Court of any círcu ms tances, ineluding lhe exercise of any conditions agreed und er Artiele 103(1) of lh e Rom e Statu te, wh ich could rnaterially affect lh e terrns or exten t of the lrnprlsonment. The Court shall be given al least 45 da ys' nolice of any such known or forese eable cireu mslances . During lhi s period, Ar gen lin a sha ll lake no act íon that m íght prejud ice its obligalions un der Arti ele 110 of lhe Rome Statute ,

6.

Argentina shall promptly inforrn lh e Presidency of any im portant evenl conceming lhe sentenced persono

7.

When a senlenced perso n is eligible for a prison prograrn me or benefit available unde r lhe d omesti c law of Argentina which may entail sorne activity outside lhe prison facility, Argentina shall comm unicale that fact lo lhe Presid ency, logelher wi lh any relevanl inforrnatio n or obse rvation, lo enable lh e Court lo exereise its supervi so ry function,

8.

Argentina shall allow lhe inspection of lhe condi tions of imprisonmenl and treatment of the senleneed person(s) by lhe Inlemational Co mmittee of lh e Red Cross (he reinafter referred lo as "ICRC") al any time and on a periodie basis, lh e frequency of visits lo be deterrnined by lhe ¡CRe. After each visi l lo lhe enforeemenl State by the ¡CRC: (a) The ¡CRC shall submil a eonfidential report on its find ings logelher w ilh recornmendations, as necessary, to Argentina and to the Pres ide ney . (b)

Ar genlina and the Presidency shall cons ult each olh er on the findings of lh e report o The Presidency shall lhe rea fter requ esl Argenlina lo report any ehang es in lh e conditíons of imprisonmenl as a res ult of lh e reeo m mendations by th e ¡CRe.

(e) Argentina and lhe Preside ncy sh all submil a joint response lo lhe ICRC w ithin 30 calendar days of reeeiving lhe reporl. The joinl response sha ll address lhe find ings of lhe repo rl an d delail measures ro im pleme nl lh e recommendalions of lhe report by Arge ntina an d the Presidency.

Artiele 5 Appearances before the Court if, after lransfer of lhe sentenced pe rson lo Argentina, lh e Co urt orders that lhe senleneed pe rso n appear before lhe Court, lhe senleneed person shall be lrans ferred lemporarily to lh e Court, conditional on his or her return lo Argentina wi lhin lh e pe rio d decided by lh e Cou rt. The time spenl in the eustody of lhe Court shall be deducled from lh e terrn of lh e overall senlence rem aining lo be served in Argentina.

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Artic1e 6 Limitation on prosecution or pun ishment 1.

The senteneed person sha ll not be tried before a eourt of Argentina for a crime referred to in Artic1e 5 of the Rome Statute for which that person has alrea dy been eonv icted or aequi tted by the Court.

2.

The sen teneed person in the eustody of Argentina shall not be subject to proseeution or punishment or to extradition to another State for an y eonduct engaged in prior to that person's tran sfer to Argentina, u nless su ch pr osecution, punishment or extr ad ition has been approved by the Presidency at the request of Argentina. (a) Whe n Argentina intends to proseeute or en foree a sentenee against the senteneed pe rson for any eonduet engaged in prior to the sen teneed person's transfer, it shall notify its intention to the Presidency and transmit to it the following doeuments: (i)

A statement of the facts of the case and the ir lega l characterization;

(ii) A eop y of any applieable legal provisions, inc1uding those eone eming the statute of limitation and the applicable penalties; (iii) A cop y of any sentence, wa rrant of arrest or other doeument having the same force, or of any other lega l writ which the State inten ds to enforee; (iv) A protoeol eontaining views of the senteneed person obtained after the person has been in formed sufficiently abo ut the proeeedings. (b) In the event of a request for extradition made by another State, Argentina shall transmit

the entire request to the Pres ide ncy with a protoeol eontaining the views of the senteneed person obtained after inforrning the person su fficiently about the extradition request. (e) The Presidency may in all cases request any doeume nt or additional information from Argentina or the State requesting the extradition. (d) The Presidency ma y decide to eonduct a hearing. (e) The Presi dency shall make a deterrnination as soon as possible. This deterrnination shall be notified to all those who ha ve partieipated in th e proeeed ings. (f)

If the request for proseeution, pu nishment, or extradition to ano the r State eoneerns the

enforeement of a sentenee, the senteneed person may serve that sen tenee in Arg entina or be extradited to another State only after having served the full sentenee pronouneed by the Court. (g) The Presidency ma y au th ori ze the temporary extradition of the sen teneed person to another State for prosecution only if it has obtained assuranees which it deems to be su ffieient that the sentenee d person will be kept in eustody in that State and transferred baek to Argentina, after the proseeu tion. 3.

Paragr aph 2 of this article sha ll eease to apply if the senteneed person remains voluntarily for mo re tha n 30 days in the territory of Argentina after having served the full sentenee imposed by the Court, or retums to the terri tory of that State afte r having left it.

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Artiele 7

Appeal, reoision, reduction, and extension of senten ce 1.

Subject to th e conditions conta ined in th e Agreeme nt, th e senten ce of imprisonment shall be binding on Arge ntina, which sh all in no case modify it.

2.

Argentina sh all no t release the p erson befor e exp iry of the sen ten ce pronounced by the Cou rt. Argentina shall termina te the enforcement of th e sen tence as soon as it is informed by the Co u rt of any d ecision or m easure as a result of w h ich th e sentence ceases to be enforceable.

3.

The Court alone shall have the right to decide any application for appeal and revision and Argentina shall no t impede th e making of any such ap p lication by the sente nced persono

4.

The Court alone shall ha ve the right to d ecide any reduction of sen tence and shall rule on a reduction oí sentence after having heard the persono

5.

Where lh e Presi dency extends th e term of im priso nment pursuant to Rul e 146(5), lh e Presidency may ask for observations from Argentina.

Artiele 8

Escape 1.

If the sen tenced perso n esca pes from cu st ody, Argentina shall, as soon as p ossíble, a dvise th e Reg istrar by any medium capable of delivering a w ritte n record.

2.

lf the sentenced person escapes fro m eustody and flees Argentina, Argentina may, after consultation with the Presidency, request the person's extradition or su rren der from the State in which the person is loca ted pursuant to an y existing bilat eral or multilateral arrangements, or may request that lhe Presid ency see k th e person' s su rren der, in accord ance with Part 9 of th e Rome Statu te. It may d irec t lhat th e person be d elivered to Argentina or to an other Sta te designated by the Cou rt.

3.

If the State in whi ch the sentenced p erson is locat ed agrees to su rren der h im or her to Argentina, pursuant to either intemational agreements or íts national legislation, Argentina shall so advise the Regis trar in writing. The person shall be surrendered to Argentina as soon as possible, if necessary in consul tatíon wilh the Registrar. The Registrar shall provide a ll necessary as sistance, including, if necessary, the p resen tation of requests for tr ansit to lh e Sta tes concerned, in accordance wi th Ru le 207.

4.

If th e senten ced person is su rrend ered to lhe Court, the Cou rt sh all transfer him or her to Argentina. Nevertheless, the Presidency may, acting on its own motí on or at the request of the Proseeu tor or of Argen tina, d esignate anothe r State, including th e State to th e territ ory of wh ich the sentenced person ha s fled .

5.

In all cases, the entire period of detention in th e territory of the State in which the senten ced p erson was in eu stody after his or h er escape and, where pa ragraph 4 of th is Article is applicable, the period of detentio n a t th e seat of the Court following th e su rren der of the senten ced person fro m the State in w hi ch he or she was locat ed shall be deducted from th e sentence remaining to be served .

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Artiele 9

Change in designation of Argentina as the State of enforcement 1.

The Pres idency, aeting on its own m otio n or at lh e request of Argentina or lhe senten ced person or th e Prosecutor, may, at any time, decide to tr ansfer a sentenced person to a p rison of another State.

2.

Before deci d ing to change th e designa tion of Argentina as th e State o f en foree men t, th e Presidency may: (a) Request views from Argentina; (b)

Consider w ri tten or oral pres entati ons of th e senten eed person and th e Prosecu to r;

(e)

Consider written or oral expert opi n ion eonee rning, inter alia, th e sente need person;

(d) Ob tain any other relevant information from any reliable sourees. 3.

The Presidency sh all inform the sen teneed person, the Prosecutor, the Registrar an d Argentina of its d ecision and of the reasons therefor,

Artiele 10 Transfer of the sentenced person upon completion of the senten ce 1.

Argentina shall notify th e Presid en cy: (a)

90 calendar days before the scheduled eompletion of th e sentence, that the sentence will be eo mpleted;

(b)

30 calen dar days befor e the sehedu led eompletion of th e sentence of th e rel evan t information conceming the intention of Argentina to authorize the persan to rernain in its te rritory or the loeation w h ere it inten ds to transfer th e persono

2.

Following eo mpletion of th e sen tence, a sen teneed person w ho is no t a natíon al of Argentina may. in aeeordanee with th e law of Argentina, be transferred to a State w hich is obliged to receive him or her, or to another Sta te which ag rees to receive hi m or her, taking in to aeeount any wishes of the person to be transferred to lhat Sta te, unless Argen tina au lhorizes the person to remaín in its territory,

3.

Sub ject to th e provisions of Artiele 6, Arge n tin a may also, in aeeordan ee with its national law, extrad ite or olherwise su rren der th e person to a Sta te whieh h as requested th e extr ad ition or surren der of th e person for purposes of tr ial or enforcernent of a sentenee.

Artiele 11

Costs 1.

Th e ord inary cos ts for th e en foree ment o f the sentenee in th e territory of Argen tina shall be borne by Argenti na.

2.

Other cos ts, inelud ing th ose for the transp ort of lh e sen tenee d pe rson to an d from the seat of the Court an d to and fro m Argentina, sha ll be borne by the Court.

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3.

In case of escape, the costs associated with th e surrender of th e sentenced person shall be borne by the Court if no State assumes responsibility for them.

Artiele 12

Channels of Communication 1.

The channel of communica tion for Argentina shall be the Embassy of th e Argentine Republic to the Kingdom of the Ne the rlands

2.

The channel of com munication for the Court sha ll be the Legal and Enforcem en t Unit of the Presidency.

Artiele 13

Entry into force The Agreement shall enter into force upon the signature of both the President of the Co u r t and the Minister of Foreign Affairs and Worship of Argentina.

Artiele 14 A mendments and termination 1.

The Agreement may be amen d ed , aft er consultat io n, by mutual consent of the parties.

2.

Argentina may at any time withdraw its conditions of accep tance for the inclusion in the list of States of enforcement. Any amendments or additions to such conditions shall be subject to confirm ation by th e Presidency.

3.

The Agreement may be terminated, after consultation, by either party with tw o months prior written notice. Such termination shall not affect sentences in force at the time of th e termination, and the provisions of the Agreement shall continue to apply until such se nt ences have been comp leted, terminated or, if applicable, the sentenced person has been tra nsferred in accordance with Article 9 of th e Agreem ent .

IN WITNESS WHEREO F, the undersigned, duly au thorized thereto, ha ve signed the Agreement.

Done at Buenos Aires thi s 18th day of April, 2017, in duplicate, in the English language.

FO R THE CO URT

Ju dge Silv ia Fernández de Gurmendi President of th e International Criminal Court

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