Chapter 2 Forms of Cooperation
Article 7
Cooperation upon request
1.International cooperation in law enforcement shall be carried out on the basis of a written request.
2. The request and its response shall be sent and received in writing through communication channels and tools determined by this Law. The request shall be responded to within a reasonable period of time unless a specific timeframe is determined in an international agreement of Georgia or in the request.
3. In cases of emergency, the cooperation provided in Articles 10 and 11 of this Law may be carried out verbally as well. A verbal request for the cooperation shall be confirmed in writing before a response on implementation of measures indicated in the request is sent to the requesting law enforcement authority. In the cases of extreme emergency, the request may be responded to verbally and further confirmed in writing within a reasonable period of time. The response shall be sent within the time specified in an international agreement of Georgia. If the time is not specified, it shall be sent within a reasonable period of time.
4. Unless otherwise provided in an international agreement of Georgia, a request for cooperation shall include:
a. name of the requesting law enforcement authority
b. name of the law enforcement authority receiving the request
c. subject of request
d. purpose of request
e. a list of desired measures and objectives to be achieved
f. a desired period of time for fulfilment of the request, if needed
g. any other information that will enhance the fulfilment of the request.
5. If fulfilment of a request for cooperation is beyond the power of the law enforcement authority receiving the request, it shall immediately send the request to the respective law enforcement authority of its country for fulfilment and inform the requesting law enforcement authority of the results of fulfilment of the request or ask the respective law enforcement authority of its own country to do so.
6. The procedure for preparing and sending a request for cooperation shall be determined by an order of the chief of the respective law enforcement authority of Georgia.
Chapter 2 Forms of Cooperation
Article 8
Spontaneous cooperation
2. International cooperation in law enforcement may also be carried out spontaneously without a request for cooperation if the law enforcement authorities of Georgia or foreign countries, or relevant international organisation bodies consider that the information held by them may be useful for Georgian or foreign law enforcement authorities, or for relevant international organisation bodies for preventing, detecting or suppressing crime.
2. The law enforcement authorities of Georgia, to the extent of their capabilities, shall find direct links with law enforcement authorities of foreign countries or relevant international organisation bodies, and also effectively use existing links and forums of liaison officers and/or police/security attaches in order to enhance spontaneous cooperation.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.