Einde inhoudsopgave
Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Special Tribunal for Lebanon
Article 23 Witnesses
Geldend
Geldend vanaf 01-04-2009
- Bronpublicatie:
21-12-2007, Trb. 2007, 228 (uitgifte: 21-12-2007, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-04-2009
- Bronpublicatie inwerkingtreding:
14-04-2009, Trb. 2009, 55 (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Rechtshandhaving
Internationaal publiekrecht / Diplomatiek en consulair recht
Internationaal strafrecht / Internationale tribunalen
1.
Witnesses shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Tribunal for purposes of giving evidence, subject to the production of the document referred to in paragraph 2 of this article:
- 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 testimony, which immunity shall continue to be accorded even after their appearance and testimony before the Tribunal;
- d)
inviolability of all papers, documents in whatever form and materials relating to their testimony;
- e)
for purposes of their communications with the Tribunal and counsel in connection with their testimony, the right to receive and send papers and documents in whatever form;
- f)
exemption from immigration restrictions and alien registration when they travel for purposes of their testimony;
- g)
the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention.
2.
Witnesses shall be provided by the Registrar with a document certifying that their appearance is required by the Tribunal and specifying a time period during which such appearance is necessary. This document shall be withdrawn prior to its expiry if the witness's appearance before the Tribunal, or his or her presence at the seat of the Tribunal is no longer required.
3.
The privileges, immunities and facilities referred to in paragraph 1 of this article shall cease to apply after fifteen consecutive days following the date on which the presence of the witness concerned is no longer required by the Tribunal, provided 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 Tribunal:
- 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;
- c)
inviolability of all papers, documents in whatever form and materials relating to their appearance or testimony;
- d)
for the purpose of their communications with the Tribunal and with their 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 Tribunal.
6.
The Registrar shall take all necessary measures to arrange the immediate relocation to third States of witnesses who for security reasons cannot return to their home countries or their countries of permanent residence after testifying before the Tribunal.