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Indicting Rafsanjani

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

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Article 54 Duties and powers of the Prosecutor with respect to investigations 
1.         The Prosecutor shall:

(a)     In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;

(b)     Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and

(c)     Fully respect the rights of persons arising under this Statute.

2.         The Prosecutor may conduct investigations on the territory of a State:

(a)     In accordance with the provisions of Part 9; or

(b)     As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d).

3.         The Prosecutor may:

(a)     Collect and examine evidence;

(b)     Request the presence of and question persons being investigated, victims and witnesses;

(c)     Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;

(d)     Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;

(e)     Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and

(f)     Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.

  Article 55 Rights of persons during an investigation 
1.         In respect of an investigation under this Statute, a person:

(a)     Shall not be compelled to incriminate himself or herself or to confess guilt;

(b)     Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

(c)     Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and

(d)     Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

2.         Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(a)     To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

(b)     To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c)     To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(d)     To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

  Article 56 Role of the Pre-Trial Chamber in relation to a unique investigative opportunity 
1.           (a)      Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.
 
              (b)      In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.
 
              (c)      Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.

2.         The measures referred to in paragraph 1 (b) may include:

(a)     Making recommendations or orders regarding procedures to be followed;

(b)     Directing that a record be made of the proceedings;

(c)     Appointing an expert to assist;

(d)     Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;

(e)     Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;

(f)     Taking such other action as may be necessary to collect or preserve evidence.

3.         (a)      Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor's failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to request such measures is unjustified, the Pre-Trial Chamber may take such measures on its own initiative.
 
          (b)      A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.
 
4.         The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.
 
  Article 57 Functions and powers of the Pre-Trial Chamber 
1.         Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article.
 
2 .         (a)      Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judges.
 
            (b)      In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.
 
3.         In addition to its other functions under this Statute, the Pre-Trial Chamber may:

(a)     At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation;

(b)     Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;

(c)     Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;

(d)     Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.

(e)     Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear  
1.         At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:

(a)     There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and

(b)     The arrest of the person appears necessary:
 

(i)     To ensure the person's appearance at trial,

(ii)     To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or

(iii)     Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

2.         The application of the Prosecutor shall contain:

(a)     The name of the person and any other relevant identifying information;

(b)     A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;

(c)     A concise statement of the facts which are alleged to constitute those crimes;

(d)     A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and

(e)     The reason why the Prosecutor believes that the arrest of the person is necessary.

3.          The warrant of arrest shall contain:

(a)     The name of the person and any other relevant identifying information;

(b)     A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and

(c)     A concise statement of the facts which are alleged to constitute those crimes.

4.         The warrant of arrest shall remain in effect until otherwise ordered by the Court.
 
5.         On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.
 
6.         The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
 
7.         As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:

(a)     The name of the person and any other relevant identifying information;

(b)     The specified date on which the person is to appear;

(c)     A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and

(d)     A concise statement of the facts which are alleged to constitute the crime.

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