Notawisseling houdende een Zetelverdrag tussen het Koninkrijk der Nederlanden en het Speciaal Hof voor Sierra Leone

Article 1 i. “The Agreement establishing the Special Court’’ means the Agreement between the United Nations and the Government of Sierra Leone on the establishment of a Special Court for Sierra Leone signed on 16 January 2002, as amended; ii. ‘‘The Special Court’’ means the Special Court for Sierra Leone established by the Agreement establishing the Special Court; iii. ‘‘The Statute’’ means the Statute of the Special Court, annexed to the Agreement establishing the Special Court; iv. ‘‘The accused’’ means Charles Taylor, the former President of Liberia; v. ‘‘The Tribunal’’ means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by the Security Council pursuant to its resolutions 808 (1993) and 827 (1993); vi. ‘‘The Tribunal headquarters agreement’’ means the Agreement between the Kingdom of the Netherlands and the United Nations concerning the Headquarters of the Tribunal, signed in New York on 29 July 1994, as supplemented, attached in Annex 1; vii. ‘‘The General Convention’’ means the Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly of the United Nations on 13 February 1946; viii. ‘‘Persons performing missions for the Special Court’’ means persons other than the ones specifically referred to in the Agreement establishing the Special Court performing missions for the Special Court in relation to investigations, prosecutions, judicial proceedings or other official activities of the Special Court. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 2 Unless otherwise provided in this Agreement, the Tribunal headquarters agreement shall apply mutatis mutandis to the Special Court for the purpose of conducting the trial against the accused. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 3 1 State representatives not covered by Article 2 of this Agreement shall enjoy the same priviliges and immunities as representatives of Members pursuant to Article IV of the General Convention. 2 Persons performing missions for the Special Court not covered by Article 2 of this Agreement shall, to the extent necessary for their presence at the Court in the Netherlands, enjoy the same priviliges and immunities as witnesses and experts pursuant to Article XVIII of the Tribunal headquarters agreement. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 4 1 Privileges and immunities under this Agreement are granted in the interests of the good administration of justice and not for the personal benefit of the individuals themselves. Such privileges and immunities may be waived in accordance with the Agreement establishing the Special Court and there is a duty to do so in any case where they would impede the course of justice and can be waived without prejudice to the purpose for which they are accorded. 2 In addition, the following rules shall apply to the Special Court concerning waiver of privileges and immunities: a. The privileges and immunities of personnel recruited locally and not otherwise covered by this Article may be waived by the Registrar. b. The privileges and immunities of counsel, witnesses, experts and persons performing missions for the Special Court may be waived by the President. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 5 1 The Kingdom of the Netherlands shall allow and facilitate the detention of the accused and other persons in the custody of the Special Court within the detention facility made available to the Special Court. 2 At the request of the Special Court the Kingdom of the Netherlands shall arrest and surrender to the Special Court any person, referred to in paragraph 1, escaped from the detention facility or during transport, under the same conditions and according to the same procedures as applicable to the Tribunal. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 6 Within their respective legal systems, the Special Court and the host State shall afford one another the greatest measure of assistance in connection with the trial of the accused and related trials by the host State. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 7 1 The Special Court shall not release the accused on the territory of the Kingdom of the Netherlands except with the latter’s consent. 2 Where the accused will be released from the custody of the Special Court for any reason, the Special Court shall, as soon as possible, make such arrangements as it considers appropriate for his transfer, taking into account his views, to a State which is obliged to receive him, to another State which agrees to receive him, or to a State which has requested his extradition with the consent of the original surrendering State. In this case, the Kingdom of the Netherlands shall facilitate the transfer in accordance with this Agreement and the related arrangements. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 8 The Parties to this Agreement agree to consult on further practical arrangements whenever necessary. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006

Article 9 1 This Agreement shall be in force for a period of one year. It shall automatically be prolonged by further periods of one year, unless one Party informs the other Party by Diplomatic Note at least one month before its termination of its decision to denounce this Agreement. 2 Notwithstanding the previous paragraph, this Agreement shall cease to be in force at the date on which the trial against the accused before the Special Court has conclusively come to an end and the work of the Court in relation to this trial has been orderly terminated. 2006 131 19-06-2006 19-06-2006 2006 131 19-06-2006 19-06-2006 19-06-2006