Persons sentenced by the ICTR, the ICTY or the Mechanism do not serve their sentences in United Nations detention centres in Arusha or The Hague, as these are not prisons. Sentences are served in Member States that have concluded agreements with the United Nations on the enforcement of sentences handed down by the ICTR, the ICTY or the Mechanism.On 1 July 2012 and 1 July 2013, the Mechanism took over the supervision of the execution of all sentences handed down by the ICTR and the ICTY respectively.
The map shows the States that have signed an agreement on the enforcement of sentences and have received sentenced persons. The figures shown represent the total number of sentenced persons who have served their sentences or are currently serving their sentences.
Choice of a State of execution of sentences
The decision on the State in which a sentenced person will serve his or her sentence is governed by article 25 of the Statute of the Mechanism and the Practice Direction on the procedure for designating the State in which a sentenced person will serve his or her sentence of imprisonment . The designation procedure consists of four steps:
- The Registrar of the Mechanism shall contact one or more States to determine whether they are willing to receive convicted persons for the purpose of serving their sentence.
- The Registrar shall send to the President of the Mechanism a report including a list of States where convicted persons could serve their sentences and other relevant information.
- In the light of the information provided by the Registrar and following any investigation he decides to conduct, the President of the Mechanism shall designate the State where the convicted person will serve his sentence.
- The Clerk shall carry out the President's decision.
Detention standards
Sentences handed down by the ICTR, the ICTY and the Mechanism shall be enforced in accordance with international standards on detention and the law of the State serving the sentence, under the supervision of the Mechanism.
Conditions of detention must comply with applicable human rights standards, including the following:
- The Standard Minimum Rules for the Treatment of Prisoners , adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders and endorsed by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977;
- The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment , adopted by the United Nations General Assembly in its resolution 43/173 of 9 December 1988;
- The Basic Principles for the Treatment of Prisoners , adopted by the United Nations General Assembly in its resolution 45/111 of 14 December 1990.
Recognised organisations, including the International Committee of the Red Cross and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment , regularly monitor detention conditions to ensure that they comply with international standards.
Pardon, commutation of sentence or early release
Article 26 of the Statute of the Mechanism allows persons convicted by the ICTR, the ICTY or the Mechanism to apply for pardon, commutation of sentence or early release.
The President of the Mechanism decides whether or not to grant such a request. Article 26 of the Statute is further governed by:
- Article 151 of the Rules of Procedure and Evidence of the MIFRTP , and
- the Practice Direction on the assessment of applications for pardon, commutation of sentence and early release of persons convicted by the ICTR, the ICTY or the Mechanism .
Countries that have signed an agreement with the ICTR but to which no detainees have been transferred to date: France, Rwanda, Senegal, Swaziland.
Countries that have signed an agreement with the ICTY but to which no detainees have been transferred to date: Albania, Slovakia, Ukraine.