Rome Statute of the International Criminal Court
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.
2.
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.
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.
25