Understanding the International Criminal Court
What happens after a person is arrested?
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- Understanding the International Criminal Court 46. What are the conditions of detention at the Detention Centre in The Hague
| 45. What happens after a person is arrested?
An arrested person is brought promptly before the competent judicial authority in the custodial State, which determines whether the warrant is indeed for the arrested person, whether the person was arrested consistently with due process and whether the person’s rights have been respected. Once an order for surrender is issued, the person is delivered to the Court, and held at the Detention Centre in The Hague, The Netherlands. The Court does not have its own police force. It relies on States to arrest and surrender suspects. The Court is the judicial pillar of the Rome Statute system. The operational pillar belongs to States, including the enforcement of Court orders. 37 Understanding the International Criminal Court 46. What are the conditions of detention at the Detention Centre in The Hague? The ICC Detention Centre operates in conformity with the highest international human rights standards for the treatment of detainees, such as the United Nations Standard Minimum Rules. An independent inspecting authority conducts regular and unannounced inspections of the centre in order to examine how detainees are being held and treated. At the ICC Detention Centre, the daily schedule affords the detainees the opportunity to take walks in the courtyard, exercise, receive medical care, take part in manual activities and have access to the facilities at their disposal for the preparation of their defence. Additionally, the centre has multimedia facilities and offers a series of training, leisure and sports programmes. ICC detainees also have access to computers, TV, books and magazines. Those who are indigent have the right to call their Defence Counsel free of charge during official working hours. Each 10 m 2 cell is designed to hold one person only. A standard cell contains a bed, desk, shelving, a cupboard, toilet, hand basin, TV and an intercom system to contact the guards when the cell is locked. The Court provides three meals per day, but the detainees also have access to a communal kitchen if they wish to cook. A shopping list is also available to detainees so that they can procure additional items, to the extent possible. All detainees may be visited by their families several times a year and, in the case of detainees declared indigent, at the Court’s expense, to the extent possible. Persons convicted of crimes under the jurisdiction of the ICC do not serve their sentence at the ICC Detention Centre in The Hague as the facility is not designed for long-term imprisonment. Convicted persons are therefore transferred to a prison outside The Netherlands, in a State designated by the Court from a list of States which have indicated their willingness to allow convicted persons to serve their sentence there. |