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I.C.S.F.T. : Article 9
- Upon receiving information that a person who has committed or who
is alleged to have committed an offence set forth in article 2 may
be present in its territory, the State Party concerned shall take
such measures as may be necessary under its domestic law to investigate
the facts contained in the information.
- Upon being satisfied that the circumstances so warrant, the State
Party in whose territory the offender or alleged offender is present
shall take the appropriate measures under its domestic law so as to
ensure that person's presence for the purpose of prosecution or extradition.
- Any person regarding whom the measures referred to in paragraph
2 are being taken shall be entitled:
(a) To communicate without delay with the nearest appropriate representative
of the State of which that person is a national or which is otherwise
entitled to protect that person's rights or, if that person is a stateless
person, the State in the territory of which that person habitually
resides;
(b) To be visited by a representative of that State;
(c) To be informed of that person's rights under subparagraphs (a)
and (b).
- The rights referred to in paragraph 3 shall be exercised in conformity
with the laws and regulations of the State in the territory of which
the offender or alleged offender is present, subject to the provision
that the said laws and regulations must enable full effect to be given
to the purposes for which the rights accorded under paragraph 3 are
intended.
- The provisions of paragraphs 3 and 4 shall be without prejudice
to the right of any State Party having a claim to jurisdiction in
accordance with article 7, paragraph 1, subparagraph (b), or paragraph
2, subparagraph (b), to invite the International Committee of the
Red Cross to communicate with and visit the alleged offender.
- When a State Party, pursuant to the present article, has taken
a person into custody, it shall immediately notify, directly or through
the Secretary-General of the United Nations, the States Parties which
have established jurisdiction in accordance with article 7, paragraph
1 or 2, and, if it considers it advisable, any other interested States
Parties, of the fact that such person is in custody and of the circumstances
which warrant that person's detention. The State which makes the investigation
contemplated in paragraph 1 shall promptly inform the said States
Parties of its findings and shall indicate whether it intends to exercise
jurisdiction.
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