Agreement between the Kingdom of the Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in the Netherlands:Article 25 Witnesses

Agreement between the Kingdom of the Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in the Netherlands

Article 25 Witnesses

Geldend

Documentgegevens:

Geldend vanaf 01-01-2017

Bronpublicatie:: 15-02-2016, Trb. 2016, 27 (uitgifte: 26-02-2016, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-2017
Bronpublicatie inwerkingtreding:: 28-11-2016, Trb. 2016, 181 (uitgifte: 28-11-2016, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Bijzondere onderwerpen
Internationaal strafrecht / Internationale misdrijven
Internationaal strafrecht / Internationale tribunalen

1.

Witnesses shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Kosovo Relocated Specialist Judicial Institution for purposes of giving evidence, subject to the production of the document referred to in paragraph 2 of this Article and subject to the notification procedure required under Article 33 of this Agreement:

a): immunity from personal arrest or detention or any other restriction of their liberty in respect of acts or convictions prior to their entry into the territory of the Host State;
b): immunity from seizure of their personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the Host State;
c): immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their appearance or testimony, which immunity shall continue to be accorded even after their appearance or testimony before the Kosovo Relocated Specialist Judicial Institution;
d): inviolability of all papers and documents in whatever form and materials relating to their appearance or testimony;
e): exemption from immigration restrictions and alien registration when they travel for purposes of their appearance or testimony;
f): for the purpose of their communications with the Kosovo Relocated Specialist Judicial Institution and with defence counsel in connection with their appearance or testimony, the right to receive and send papers in whatever form; and
g): the same repatriation facilities in time of international crisis as are accorded to diplomatic envoys under the Vienna Convention.

2.

Witnesses shall be provided by the Registrar with a document certifying that their appearance is required by the Kosovo Relocated Specialist Judicial Institution and specifying a time period during which such appearance is necessary. This certificate shall be withdrawn prior to its expiry if the witness' appearance before the Kosovo Relocated Specialist Judicial Institution or his or her presence at the seat of the Kosovo Relocated Specialist Judicial Institution is no longer required.

3.

The privileges, immunities and facilities referred to in paragraph 1 of this Article, except for that referred to in paragraph 1(c) of this Article, shall cease to apply after fifteen (15) consecutive days following the date on which the presence of the witness concerned is no longer required by the Kosovo Relocated Specialist Judicial Institution, provided that such witness had an opportunity to leave the Host State during that period.

4.

Witnesses who are nationals or permanent residents of the Host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for their appearance or testimony before the Kosovo Relocated Specialist Judicial Institution:

a): immunity from personal arrest or detention or any other restriction of their liberty;
b): immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their appearance or testimony, which immunity shall continue to be accorded even after their appearance or testimony before the Kosovo Relocated Specialist Judicial Institution;
c): inviolability of all official papers and documents in whatever form and materials;
d): for the purpose of their communications with the Kosovo Relocated Specialist Judicial Institution and with counsel in connection with their appearance or testimony, the right to receive and send papers in whatever form.

5.

Witnesses shall not be subjected by the Host State to any measure which may affect their appearance or testimony before the Kosovo Relocated Specialist Judicial Institution.

6.

Witnesses who are not nationals or permanent residents of the Host State and whose appearance before the Kosovo Relocated Specialist Judicial Institution or their presence at the seat of the Kosovo Relocated Specialist Judicial Institution is no longer required, shall be obliged to leave the Host State. The Registrar shall take all necessary measures to arrange the relocation without delay to third States of witnesses who for security reasons cannot return to their home countries or their countries of permanent residence after appearing or testifying before the Kosovo Relocated Specialist Judicial Institution.