European Committee to assist International Criminal Court (ICC) in monitoring of conditions of sentenced persons


The International Criminal Court (ICC) and the European Committee for the Prevention of Torture have concluded an agreement by exchange of letters, for the monitoring of conditions of detention of persons sentenced by the Court.

This is contained in a statement issued by the Public Affairs Unit of the ICC to Ghana Justice.

It says pursuant to the exchange of letters, State Parties which are also parties to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which conclude bilateral agreements with the Court on enforcement of sentences, , may indicate the Committee as the competent body to assist the ICC in monitoring the conditions of detention and treatment of sentenced persons. It adds that the exchange of letters entered into force on the 9th of November, 2017.

In welcoming the agreement between the Court and the Committee, the President of the Court, Judge Silvia Fernández de Gurmendi said the Court will benefit from the long-standing expertise of the Committee in monitoring the conditions of detention of persons deprived of their liberty including persons sentenced by other international criminal tribunals.

She added that the Committee’s offer of assistance is an additional and a welcome form of co-operation which the Court can rely on in the enforcement of sentences.

The statement intimates that she took the opportunity to reiterate her call upon State Parties to consider accepting sentenced persons in their territory to give full effect to the Court’s sentences.

For his part, the President of the Committee, Mykola Gnatovskyy, in welcoming the agreement with the ICC, said the fact that all persons who are imprisoned are subject to external monitoring of their treatment and conditions of detention is a fundamental safeguard within Europe. He added it is important that international tribunals live up to the high standards that they demand of States in upholding individual rights.

The statement further indicates that pursuant to Article 106 (2) of the Rome Statute, the conditions of imprisonment of a sentenced person shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

It adds that the Presidency is the organ responsible for supervising the enforcement of sentences imposed by the Court.


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