Detention during transit

Republic of Malta

Malta - Extradition Act 1982 (2014) EN


24A. (1) The Commissioner of Police may authorize transit through Malta of a person who is being surrendered to any country provided that the following information is furnished:
(a) the identity and nationality of the person against whom the request has been issued;
(b) the existence of a warrant for the arrest and surrender of that person;
(c) the nature and legal classification of any offence on which the warrant for the arrest and surrender of the requested person is based;
(d) the description of the circumstances of any offence, including the date and place of such offence:
Provided that transit may be refused if the person being surrendered is a national or permanent resident of Malta and the surrender is being made for the purpose of execution of a sentence of imprisonment or another form of detention.
(2) The information in subarticle (1) may be transmitted to the Commissioner of Police by any means capable of producing a written record.
(3) When the transport of the surrendered person is to take place by air, it will only be necessary to provide the Commissioner of Police with the information required in subarticle (1) in the event that an unscheduled landing occurs.
(4) A person being conveyed through Malta in the course of his extradition or removal as a convicted prisoner from one country to another shall be kept in custody during the period of transit.

Rome Statute

Article 89 Surrender of persons to the Court


(c) A person being transported shall be detained in custody during the period of transit;