Article 7

Geldend

Documentgegevens:

Geldend vanaf 23-05-2001

Bronpublicatie:: 15-12-1997, Trb. 1998, 84 (uitgifte: 06-03-1998, kamerstukken/regelingnummer: -)
Inwerkingtreding: 23-05-2001
Bronpublicatie inwerkingtreding:: 25-03-2001, Trb. 2002, 62 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Algemeen

1.

Upon receiving information that a person who has committed or who is alleged to have committed an offence as set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

2.

Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.

3.

Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled to:

a): Communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;
b): Be visited by a representative of that State;
c): Be informed of that person's rights under subparagraphs (a) and (b).

4.

The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5.

The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 6, subparagraph 1(c) or 2(c), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6.

When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with article 6, paragraphs 1 and 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.