Page 640 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
Section 49
The consent required under section 48 shall not be given in cases in which, if it was a request
for extradition that was involved, such request would have to be refused by reason of the provi-
sions of sections 8 10.
Section 50
(1) Where not otherwise provided for by treaty the guarding of the alien shall be entrusted to
Dutch officials during overland transportation in accordance with section 48.
(2) If, owing to circumstances of an exceptional nature, it is not possible for transportation
through the Netherlands to take place without interruption, the alien may if necessary, pending a
suitable opportunity to depart elsewhere, be committed to a remand prison upon production of
a document showing Our Minister’s consent to the transportation.
Section 50a
(1) In cases where a person who has been lawfully deprived of his liberty abroad is temporarily
surrendered to the Dutch criminal justice authorities in order to testify as a witness or to be conf-
ronted with the evidence of other persons, he shall be held in police detention during his stay in
the Netherlands, on the orders of the competent member of the Public Prosecutions Department.
Sections 54 and 56, subsection 1, shall apply by analogy wherever necessary.
(2) The police detention shall be terminated as soon as the relevant member of the Public
Prosecutions Department receives notice that the grounds for deprivation of liberty abroad no
longer exist.
Section 51
(1) In cases where this is provided for by treaty, Our Minister may allow persons lawfully depri-
ved of their liberty in the Netherlands to be temporarily surrendered to the authorities of another
state in order to testify as witnesses or to be confronted with the evidence of other persons.
(2) In so far as the treaty does not provide otherwise, the agreement of the person to be tem-
porarily surrendered shall be required.
(3) Our Minister shall not allow temporary surrender if it is requested for the purpose of a cri-
minal investigation which is instituted in the territory of another state and relates to offences in
respect of which no extradition is possible under sections 9 or 10.
(4) If the person concerned is serving a custodial sentence in the Netherlands, the time during
which he is surrendered to the authorities of the other state shall be deducted from the length of