Einde inhoudsopgave
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 26 Victims
Geldend
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.
Victims participating in the proceedings in accordance with Article 22 of Law No. 05/L-053 shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Kosovo Relocated Specialist Judicial Institution, 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 before the Kosovo Relocated Specialist Judicial Institution, which immunity shall continue to be accorded even after their appearance before the Kosovo Relocated Specialist Judicial Institution;
- d)
inviolability of all papers, documents in whatever form and materials relating to their participation in proceedings before the Kosovo Relocated Specialist Judicial Institution;
- e)
exemption from immigration restrictions or alien registration when they travel to and from the Kosovo Relocated Specialist Judicial Institution for purposes of their appearance.
2.
Victims shall be provided by the Registrar with a document certifying their participation in the proceedings of the Kosovo Relocated Specialist Judicial Institution and specifying a time period for that participation. Such document shall be withdrawn prior to its expiry if the victim is no longer participating in the proceedings of the Kosovo Relocated Specialist Judicial Institution, or if the victim's 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 shall cease to apply after fifteen (15) consecutive days following the date on which the presence of the victim concerned is no longer required by the Kosovo Relocated Specialist Judicial Institution, provided such victim had an opportunity to leave the Host State during that period.
4.
Victims who are nationals or permanent residents of the Host State shall enjoy no privileges, immunities and facilities, except, to the extent necessary for their appearance before the Kosovo Relocated Specialist Judicial Institution, immunity from legal process in respect of words spoken or written and all acts performed by them in the course of their appearance before the Kosovo Relocated Specialist Judicial Institution, which immunity shall continue to be accorded even after their appearance before the Kosovo Relocated Specialist Judicial Institution.
5.
Victims shall not be subjected by the Host State to any measure which may affect their appearance before the Kosovo Relocated Specialist Judicial Institution.