Debates Parlamentares - Diário 085S1, p. 9 (2008-04-24)

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9 | II Série A - Número: 085S1 | 24 de Abril de 2008

Article 5 Non-bis-in-idem The convicted person shall not be tried before a court of Portugal for acts constituting serious violations of international humanitarian law under the Statute of the International Tribunal, for which he or she has already been tried by the International Tribunal.

Article 6 Monitoring of the conditions of imprisonment 1. The competent authorities of Portugal shall allow the inspection of the conditions of detention and treatment of the prisoner(s) by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter “CPT”) at any time and on a periodic basis, the frequency of visits to be determined by the CPT. The CPT will submit a confidential report based on the findings of these inspections to Portugal which will be responsible to forward it to the President of the International Tribunal.
2. Portugal and the President of the International Tribunal shall consult each other on the findings of the reports referred to in paragraph 1. The President of the International Tribunal may thereafter request Portugal to report to him or her any changes in the conditions of detention suggested by the CPT.

Article 7 Information 1. Portugal shall immediately notify the Registrar: a) two months prior to the completion of the sentence; b) if the convicted person has escaped from custody before the sentence has been completed; c) if the convicted person has deceased.
2. Notwithstanding the previous paragraph, the Registrar and Portugal shall consult each other on all matters relating to the enforcement of the sentence upon the request of either party.

Article 8 Pardon and amnesty and commutation of sentences 1. If, pursuant to the applicable Portuguese national law, the convicted person is eligible for pardon or amnesty or commutation of the sentence, Portugal shall notify the Registrar accordingly. 2. The President of the International Tribunal shall determine, in consultation with the Judges of the International Tribunal, whether pardon or amnesty or commutation of the sentence is appropriate. The Registrar shall inform Portugal of the President’s determination. If the President determines that a pardon or amnesty or commutation of the sentence is not appropriate, Portugal shall act accordingly.

9 | II Série A - Número: 085S1 | 24 de Abril de 2008Article 5 Non-bis-in-idem The convicted person shall not be tried before a court of Portugal for acts constituting serious violations of international humanitarian law under the Statute of the International Tribunal, for which he or she has already been tried by the International Tribunal.Article 6 Monitoring of the conditions of imprisonment 1. The competent authorities of Portugal shall allow the inspection of the conditions of detention and treatment of the prisoner(s) by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter “CPT”) at any time and on a periodic basis, the frequency of visits to be determined by the CPT. The CPT will submit a confidential report based on the findings of these inspections to Portugal which will be responsible to forward it to the President of the International Tribunal.
2. Portugal and the President of the International Tribunal shall consult each other on the findings of the reports referred to in paragraph 1. The President of the International Tribunal may thereafter request Portugal to report to him or her any changes in the conditions of detention suggested by the CPT.Article 7 Information 1. Portugal shall immediately notify the Registrar: a) two months prior to the completion of the sentence; b) if the convicted person has escaped from custody before the sentence has been completed; c) if the convicted person has deceased.
2. Notwithstanding the previous paragraph, the Registrar and Portugal shall consult each other on all matters relating to the enforcement of the sentence upon the request of either party.Article 8 Pardon and amnesty and commutation of sentences 1. If, pursuant to the applicable Portuguese national law, the convicted person is eligible for pardon or amnesty or commutation of the sentence, Portugal shall notify the Registrar accordingly. 2. The President of the International Tribunal shall determine, in consultation with the Judges of the International Tribunal, whether pardon or amnesty or commutation of the sentence is appropriate. The Registrar shall inform Portugal of the President’s determination. If the President determines that a pardon or amnesty or commutation of the sentence is not appropriate, Portugal shall act accordingly.

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