Request for transit

Republic of Georgia

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 3 Extradition

Article 35

Transit of an extraditable person

2. A request for transit through Georgia shall contain the same details as a request for extradition.

Chapter 5 Transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

Article 46 Transit of Convicted persons

1. Matters relating to the transit through Georgia of a convicted person to be transferred to a third state by a foreign state shall be decided by the Minister of Justice of Georgia.

2. The competent foreign authority effecting the transit of a convicted person shall apply to the Ministry of Justice of Georgia with a request for the transit of the convicted person through Georgia.

3. The Ministry of Justice of Georgia shall apply with a request for the transit of a convicted person to the competent authority of the state through which the convicted person to be transferred to Georgia is to be transited.

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.