Part 1 Extradition to Other States
Surrender of Fugitive
Article 22 Requisition from Commonwealth country
A requisition for the surrender of a fugitive to a Commonwealth country who is or is suspected to be in or be arriving in Barbados may be made to the Attorney General
(a) by any person resident in Barbados who is recognised by the Minister responsible for Foreign Affairs as a consular officer of that Commonwealth country,
(b) by the head of state, head of government or any Minister of the Government of the Commonwealth country who communicates with the Attorney General through the diplomatic representative of Barbados in or for that Commonwealth country,
(c) by such other person or in such other manner as may be approved by the Attorney General when it is not convenient for any person described in paragraph (a) or (b) to make the requisition.
Part 1 Extradition to Other States
Surrender of Fugitive
Article 23 Requisition from foreign state
A requisition for the surrender of a fugitive to a foreign state who is or is suspected to be in Barbados may be made to the Attorney General
(a) by any person resident in Barbados who is recognised by the Minister responsible for Foreign Affairs as a consular officer of that foreign state,
(b) by any minister of the foreign state who communicates with the Attorney General through the diplomatic representatives of Barbados in or for that foreign state, or
(c) by such other person or by such other means as may be settled by arrangement, when neither the person nor means described in paragraph (a) or (b) can be conveniently used
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.