Section 28p. 28

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(c) Taking into account the gravity of the crime and the

interests of victims, there are nonetheless substantial

reasons to believe that an investigation would not serve

the interests of justice.

If the Prosecutor determines that there is no reasonable

basis to proceed and his or her determination is based

solely on subparagraph (c) above, he or she shall inform

the Pre-Trial Chamber.

2. If, upon investigation, the Prosecutor concludes that

there is not a sufficient basis for a prosecution because:

(a) There is not a sufficient legal or factual basis to seek a

warrant or summons under article 58;

(b) The case is inadmissible under article 17; or

(c) A prosecution is not in the interests of justice, taking

into account all the circumstances, including the gravity

of the crime, the interests of victims and the age or

infirmity of the alleged perpetrator, and his or her role in

the alleged crime;

the Prosecutor shall inform the Pre-Trial Chamber and

the State making a referral under article 14 or the Security

Council in a case under article 13, paragraph (b), of his or

her conclusion and the reasons for the conclusion.

3. (a) At the request of the State making a referral under

article

14

or

the

Security

Council

under

article

13,

paragraph

(b),

the

Pre-Trial Chamber may review a

decision of the Prosecutor under paragraph 1 or 2 not to

proceed and may request the Prosecutor to reconsider

that decision.

(b) In addition, the Pre-Trial Chamber may, on its own

initiative, review a decision of the Prosecutor not to

proceed if it is based solely on paragraph 1 (c) or 2 (c). In

such a case, the decision of the Prosecutor shall be

effective only if confirmed by the Pre-Trial Chamber.

4. The Prosecutor may, at any time, reconsider a decision

whether to initiate an investigation or prosecution based

on new facts or information.

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

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