Chapter 5 Detention matters
| Author | International Criminal Court |
| Pages | 66-103 |
66
Regulations of the Registry
Chapter 5
Detention matters
Section 1 General provision
Regulation 150
Inspecting authority
The Registrar and the Chief Cu stody Officer shall facilitate t he work of the i ndependent
inspect ing authority and provide it w ith all relevant in formation in their poss ession.
Section 2 Rights of detained persons and conditions of detention
Regulation 151132
Legal assistance
1. A detained person shall receive assistance to enable him or her to exercise his or her
rights in connection with his or her trial at the Court.
2. A copy of the list of counsel shall be made available to a detained person upon his or her
arrival at the detention centre, or as soon as practicable thereafter.
3. An updated list of counsel shall be provided to the detained person upon request.
Regulation 152133
Diplomatic and consular assistance
1. The Registrar shall create and maintain a list of diplomatic and consular representatives
available in the State in which the detention centre is situated. A copy of the list of
diplomatic or consular representatives shall be made available to detained persons upon
their arrival at the detention centre, and shall at all times be at the disposal of detained
persons in the office of the Chief Custody Officer.
2. On arrival at the detention centre, or as soon as practicable thereafter, the Registry shall
inform the relevant diplomatic or consular representative, or in the case of a refugee
or stateless person, the representative of a national or international authority which
represents the interests of such person, of the reception of the detained person, if he or
she so consents.
3. The Registrar shall make facilities available in the detention centre for communication
with the appropriate diplomatic or consular representative.
132 Amended 4 Dece mber 2013, entered i nto force 5 December 20 13.
133 Amended 4 Decem ber 2013, entered int o force 5 December 201 3.
67
Regulations of the Registry
Regulation 153134
Spiritual welfare
1. Subject to the provisions of regulation 102 of the Regulations of the Court, the Registrar
shall make arrangements for visits by a minister or spiritual adviser of each religion or
belief held by any detained person, for the purpose of providing spiritual services.
2. Such a minister or spiritual adviser shall be permitted to hold regular services and
activities within the detention centre and to pay spiritual visits to detained persons of his
or her religion or belief, subject to the provisions of regulations 180,181, 183 and 184.
3. The Registrar, in consultation with the Chief Custody Officer, shall locate and provide an
area within the detention centre where spiritual services and activities can take place in
accordance with sub-regulation 2.
Regulation 154135
Medical services
1. A designated area within the detention centre shall be equipped and furnished
appropriately for the provision of medical care and treatment.
2. If hospitalisation is considered necessary, the detained person shall be transferred to
a hospital without delay in accordance with regulation 103, sub-regulation 5 of the
Regulations of the Court.
3. Detained persons shall enjoy the same standards of health care that are available in the
host State.
Regulation 155136
Medical officer
1. The medical officer shall have responsibility for the physical and mental health of
detained persons.
2. Decisions of a medical nature may only be taken by the medical officer or other medical
staff designated by him or her. Non-medical staff shall not take any decisions of a
medical nature or implement any measures on medical grounds, unless acting pursuant
to instructions of the medical officer or other medical staff designated by him or her. The
medical officer shall have no role in the imposition of disciplinary measures or other
restrictive measures on non-medical grounds.
3. The medical officer shall inform the Chief Custody Officer in writing whenever he or
she considers that the physical or mental health of a detained person has been or will
be adversely affected by any condition of or treatment in detention. In particular, the
134 Amended 4 December 2013, ent ered into force 5 December 2013; Ame nded 1 August 2018, entered into forc e 1 August
2018.
135 Amended 4 December 2013, ent ered into force 5 December 2013; Ame nded 1 August 2018, entered into forc e 1 August
2018.
136 Amended 4 December 2013, ent ered into force 5 December 2013; Ame nded 1 August 2018, entered into forc e 1 August
2018.
68
Regulations of the Registry
medical officer shall pay particular attention to the health of a detained person held in
segregation pursuant to regulations 201, 202 and 202 bis, confined to a cell pursuant to
regulation 213, sub-regulation (f) or isolated pursuant to regulation 205. The medical
officer, or other medical staff designated by him or her, shall visit such a detained person
at least on a daily basis and ensure prompt medical assistance and treatment at the
request of the detained person.
4. The Chief Custody Officer shall in turn inform the Registrar without delay. The Chief
Custody Officer shall confirm such information to the Registrar in writing. The Registrar
shall take all action considered necessary and subsequently inform the Presidency and
the Chamber in writing.
5. The Chief Custody Officer and the medical officer shall make arrangements for an
assessment of detained persons at the time of their admission as to whether their
physical and mental health is at risk. Where necessary, special arrangements shall be
put in place for the observation of such persons at risk. In particular, the Chief Custody
Officer shall ensure that a detained person deemed to be at risk is located in a cell from
which all means of inflicting self-harm have been removed.
6. The medical officer, in coordination with the Chief Custody Officer, shall regularly and
at least twice a year, inspect and report to the Chief Custody Officer on, inter alia, the
following:
(a) The quantity, quality, preparation and service of water and food;
(b) The hygiene and cleanliness of the detention centre and of the detained persons;
(c) The sanitation, heating, lighting and ventilation of the detention centre;
(d) The suitability and cleanliness of the detained persons’ clothing and bedding;
(e) The observance of the rules concerning physical education and sports, in cases
where there are no specialised personnel in charge of these activities.
7. The medical officer shall define, in consultation with the Chief Custody Officer, the
protocol for the possession and use of medication by a detained person.
8. Any recommendation by the medical officer relating to a detained person’s physical
or mental health shall be given due consideration by the Chief Custody Officer. The
detained person shall be informed whenever such recommendation is not implemented.
Regulation 156137
Medical record of a detained person
1. The medical officer shall maintain a medical record of each detained person. The
information contained therein shall be kept strictly confidential. Access to and use of
such information shall comply with the requirements laid down by the sub-regulations
below.
137 Amended 4 De cember 2013, entered into force 5 Decembe r 2013.
To continue reading
Request your trial