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:artikel 40

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 40 Transport of persons detained by the Kosovo Relocated Specialist Judicial Institution

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

The transport of persons detained by the Kosovo Relocated Specialist Judicial Institution pursuant to Law No. 05/L-053 and the Rules of Procedure and Evidence from the point of arrival in the Host State to the premises of the Kosovo Relocated Specialist Judicial Institution shall, at the request of the Kosovo Relocated Specialist Judicial Institution, be carried out by the competent authorities of the Host State in consultation with the Kosovo Relocated Specialist Judicial Institution.

2.

The transport of persons detained by the Kosovo Relocated Specialist Judicial Institution pursuant to Law No. 05/L-053 and the Rules of Procedure and Evidence from the premises of the Kosovo Relocated Specialist Judicial Institution to the point of departure from the Host State shall, at the request of the Kosovo Relocated Specialist Judicial Institution, be carried out by the competent authorities of the Host State in consultation with the Kosovo Relocated Specialist Judicial Institution.

3.

Any transport of persons detained by the Kosovo Relocated Specialist Judicial Institution pursuant to Law No. 05/L-053 and the Rules of Evidence in the Host State outside the premises of the Kosovo Relocated Specialist Judicial Institution shall, at the request of the Kosovo Relocated Specialist Judicial Institution, be carried out by the competent authorities of the Host State in consultation with the Kosovo Relocated Specialist Judicial Institution.

4.

The Kosovo Relocated Specialist Judicial Institution shall give reasonable notice to the competent authorities of the Host State in case of a request for transport of persons referred to in this Article. Whenever possible, seventy-two (72) hours advance notice will be given.

5.

Where the Host State receives a request under this Article and identifies problems in relation to the execution of the request, it shall consult with the Kosovo Relocated Specialist Judicial Institution, without delay, in order to resolve the matter. Such problems may include, inter alia:

a)

insufficient time and/or information to execute the request;

b)

the impossibility, despite best efforts, to make adequate security arrangements for the transport of the person or persons; or

c)

the existence of a threat to public order and security in the Host State.

6.

A person detained by the Kosovo Relocated Specialist Judicial Institution pursuant to Law No. 05/L-053 and the Rules of Procedure and Evidence shall be transported directly and without impediment to the destination specified in paragraphs 1 and 2 of this Article or to any other destination as requested by the Kosovo Relocated Specialist Judicial Institution under paragraph 3 of this Article.

7.

The Kosovo Relocated Specialist Judicial Institution and the Host State shall, as appropriate, make practical arrangements for the transport of persons detained by the Kosovo Relocated Specialist Judicial Institution pursuant to Law No. 05/L-053 and the Rules of Procedure and Evidence in accordance with this Article.

Deze functie is alleen te gebruiken als je bent ingelogd.