The Diplomat
The Council of Ministers yesterday authorized the signing of the agreement between Spain and the International Criminal Court (ICC) which will facilitate the execution in Spanish prisons of sentences handed down by this court, based in The Hague.
The Statute of the International Criminal Court was adopted by 120 states in Rome on July 17, 1998, including Spain, which ratified it on October 24, 2000. The Statute entered into force on July 1, 2002, the date on which the ICC formally began its jurisdictional work. The ICC has the capacity to prosecute individuals who commit crimes of war, aggression, crimes against humanity and genocide, in accordance with the principle of complementarity with national jurisdictions.
In Spain, the Spanish Parliament approved in 2003 the Organic Law on Cooperation with the International Criminal Court, which regulates the organic, procedural and procedural aspects that allow the concrete application of the Statute and the legal incorporation of Spain into the procedural and judicial system of the International Criminal Court.
One of the fundamental aspects of this cooperation consists of the request by the Court to the States so that those sentenced to imprisonment serve the total or partial sentence in their prisons. States that have indicated to the Court their willingness to receive sentenced persons will be able to consider these requests and thus decide whether or not to accede to them. The agreement authorized yesterday, the text of which corresponds to a model drawn up by the Court, sets out the request and response procedure.
According to the agreement, the transfer of the convicted persons should be carried out as soon as possible after Spain has accepted the designation. Also, the conditions of confinement, while governed by Spanish law, must respect generally accepted international standards on the treatment of prisoners and ensure equal treatment with those convicted of similar offenses in Spain.
The text also establishes that a sentenced person in Spanish custody will not be subject to prosecution, punishment or extradition to a third State for conduct prior to his or her surrender to Spain, unless, at Spain’s request, the Presidency of the Court has approved it under a series of circumstances that are contemplated. The sentence imposed on the convicted person will be binding on Spain, which will not be able to modify it in any case, and the Court will have exclusive jurisdiction in matters of appeal, review, reduction and extension of the sentence to be served, although it may request observations from Spain.
On the other hand, Spain must notify the Court 90 days in advance of the sentence to be served. It must also give 30 days’ notice of any transfer of the person to another territory or possible stay in the country. Spain shall bear the ordinary costs, while the rest of the costs, including those of the transfer, shall be borne by the Court.
