Transit

Republic of the Fiji Islands

Fiji - Mutual Assistance in Criminal Matters 1997 EN

''Part V-CUSTODY OF PERSONS IN TRANSIT , 26. Transit''

(1) Where a person is to be transported in custody from a foreign country through Fiji to another foreign country for the purpose of giving evidence in a criminal proceedings, or giving assistance in relation to a criminal investigation, the person -
(a) may be transported through Fiji in the custody of another person; or
(b) if an aircraft or ship by which the person is being transported lands or calls at a place in Fiji, shall be kept in custody as the Attorney-General directs in writing until his or her transportation is continued.
(2) Where a person is held in custody under paragraph (1)(b) and the person's transportation is not, in the opinion of the Attorney-General, continued within a reasonable time, the Attorney-General may direct that the person be transported in custody back to the foreign country from which the person was first transported.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

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

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.