Chapter 10. Compensation to an arrested or convicted person

• Author: International Criminal Court
• Pages: 72-72

72

Rules of Procedure and Evidence

Chapter 10.

Compensation to an arrested or convicted person

Rule 173

Request for compensation

1. Anyone seeking compensation on any of the grounds indicated in article 85 shall submit

a request, in writing, to the Presidency, which shall designate a Chamber composed of

three judges to consider the request. These judges shall not have participated in any

earlier judgement of the Court regarding the person making the request.

2. The request for compensation shall be submitted not later than six months from the date

the person making the request was notif‌ied of the decision of the Court concerning:

(a) The unlawfulness of the arrest or detention under article 85, paragraph 1;

(b) The reversal of the conviction under article 85, paragraph 2;

(c) The existence of a grave and manifest miscarriage of justice under article 85,

paragraph 3.

3. The request shall contain the grounds and the amount of compensation requested.

4. The person requesting compensation shall be entitled to legal assistance.

Rule 174

Procedure for seeking compensation

1. A request for compensation and any other written observation by the person f‌iling the

request shall be transmitted to the Prosecutor, who shall have an opportunity to respond

in writing. Any observations by the Prosecutor shall be notif‌ied to the person f‌iling the

request.

2. The Chamber designated under rule 173, sub-rule 1, may either hold a hearing or

determine the matter on the basis of the request and any written observations by the

Prosecutor and the person f‌iling the request. A hearing shall be held if the Prosecutor or

the person seeking compensation so requests.

3. The decision shall be taken by the majority of the judges. The decision shall be notif‌ied

to the Prosecutor and to the person f‌iling the request.

Rule 175

Amount of compensation

In establish ing the amount of any comp ensation in confor mity wit h article 8 5,

paragraph 3, the Ch amber designated u nder rule 173, sub-ru le 1, shall take i nto consideration

the consequences of the g rave and manifest misca rriage of justice on the persona l, family,

social and profe ssional situation of the person f‌i ling the request.