Act 11
International Criminal Court Act
2010
53. Consent required and assurances may be sought.
Where the Minister authorises and transmits a request under section 52,
the appropriate Ugandan agency shall make such inquiries as may be
necessary to ascertain whether the prisoner will consent to the transfer.
54. Minister may arrange for transfer.
(1) The Minister may authorise the temporary transfer of a Uganda
prisoner to the ICC if the Minister is satisfied that—
(a) the prisoner has consented to giving the evidence or assistance
requested; and
(b) the ICC has given any assurances requested by the Minister
including but not limited to an assurance that the prisoner
will not be released without prior approval of the Minister.
(2) Where the Minister authorises the temporary transfer of the
prisoner to the ICC, the Minister may—
(a) direct that the prisoner be released from the prison in which that
prisoner is detained, for the purpose of the transfer to the
ICC; and
(b) make arrangements for the prisoner to travel to the ICC in the
custody of a person authorised for the purpose by the ICC.
(3) A direction given by the Minister under subsection (2) in respect
of a prisoner is sufficient authority for the release of the prisoner from the
prison in which the prisoner is detained, for the purposes of the transfer.
(4) Every person released under a direction given under subsection
(2) shall be treated, for the purposes of section 109 of the Penal Code Act
(which relates to escaping from lawful custody) and for that purpose
only, as continuing to be in the legal custody of the officer in charge of
a prison from which he or she is so released, while in Uganda during the
period of that release.
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