Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia
Article 4. Obligations of state authorities for the execution of requests of the International Court
The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.
Chapter III
Jurisdiction of the International Court
Article 6. Determination of jurisdiction and jurisdictional disputes
1. the International Court shall have the jurisdiction over crimes committed on the territory of Georgia and falling within the subject-matter jurisdiction of the International Court according to the Statute. If the International Court considers that it has jurisdiction over a specific offence, the Responsible Agency may, after consulting with prosecution bodies determined by the Georgian Code of Criminal Procedure, accept the request of International Court or challenge the jurisdiction of the International Court in accordance with Article 19 of the Statute.
Chapter IV
Request of the International Court
Article 9. Form of a request from the International Court and conditions of its receiving
1. A request of the International Court shall be submitted to the Responsible Agency in a written form.
2. Such a request and materials attached to it shall be drawn up in Georgian language or be accompanied with a duly approved translation into Georgian.
3. A request on conducting search, arrest or other urgent measures may be carried out via International Criminal Police (Interpol) or other means provided for by the Statute, subject to further approval.
4. If the Responsible Agency considers that a request of the International Court is not of the appropriate form or/and it cannot accept the request for review, the Responsible Agency shall, in accordance with the Statute immediately inform the International Court thereon providing an explanation of appropriate grounds and shall immediately consult the International Court.
5. If the Responsible Agency considers that a request of the International Court is not acceptable or refuses to execute the request, it shall immediately inform the International Court of considering the request unacceptable or refusal to execute the request, providing reasoning for either decision. Before final refusal to execute the request, the Responsible Agency shall consult with the International Court.
Article 10. Contents of a request of the International Court
1 .A request of the International Court shall meet the requirements for the employment of the relevant procedural measures under the Statute.
2.A request shall include:
a. comprehensive outline of substantial circumstances of the case and legal qualification thereof;
b.detailed and full information on persons being prosecuted as well as detailed information on persons, locations or objects detection or identification of which is necessary for the execution of the request;
c. comprehensive description of the object of request and the procedures to be conducted, as well as the assistance sought;
3 .If a request does not meet requirements under paragraphs 1 and 2 of this Article, the Responsible Agency may request from the International Court elimination of deficiencies.
Article 11. Review and execution of a request
1.The Responsible Agency reviews the request received and determines a state authority competent to execute the request; also specifies possible measures within the framework of cooperation.
2.If immediate execution of the request may hinder an on-going investigation or prosecution of a case not related to the request, the Responsible Agency may, in accordance with Article 94 of the Statute suspend execution of the request for a period to be agreed upon with the International Court. This period shall not exceed the time limit prescribed by the Code of Cirminal Procedure of Georgia for the completion of investigation.
3.After a request is reviewed, the Responsible Agency decides whether to cooperate or not and scope of cooperation.
4.The Responsible Agency or/and the authority appointed to execute the request shall forward a decision on accepting the request to persons who under this Law are entitled to challenge it and who have a residence or operate in Georgia.
Article 12. Protection of national security
1.If the Responsible Agency has a reasonable ground to believe that execution of the request may jeopardize the national security of Georgia, it shall immediately inform the National Security Council of Georgia thereon and in cooperate with the International Court in accordance with Article 72 of the Statute.
2.Where a circumstnace under paragraph 1 of this Article is the case, the National Security Council of Georgia may take a decision on suspending measures for the execution of the request.
3.The Responsible Agency, on the motion of the National Security Council of Georgia, may refuse to execute the request of the International Court for cooperation, if the cooperation sought may threaten national security.
Article 13. Matters related to immunity
If the Court request is related to conduct of the criminal prosecution against persons who are granted immunity under Georgian legislation, the Responsible Agency notifies the appropriate state agency on the existence of the grounds for beginning criminal proceeding in relation to the given persons and facilitates the actions related to the immunity according to the Constitution and other legislative acts of Georgia.
Article 14. Serving case materials to the persons concerned
1 .By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.
2.The right referred to in paragraph 1 of this Article may be restricted:
a)in the interests of proceedings before the International Court;
b) where a substantial legal ground thereof exists, if the International Court so requires;
c)due to the need for immediate taking appropriate measures;
d) for the purpose of preservation of confidential information.
Article 15. Request of Georgia
1 .Where there are grounds to consider that a crime within the jurisdiction of the International Court has been committed state prosecution authorities are entitled to file a request with the International Court via of Responsible agency.
2.A request filed by an authorized body on behalf of Georgia with the Court shall meet requirements under the Statute and this Law.
Article 16. Reimbursement of expenses related to execution of the International Court requests
1 .Requests of the International Court shall, as a rule, be executed without reimbursement. Exceptions to this rule are the expenses related to:
a) transportation and protection of witnesses and experts/specialists or temporary transfer of
arrested persons;
b) translation, drawing up shorthand records or intepretation;
c) travel and per diem of judges, prosecutor, deputy prosecutors, registrar, deputy registrars
and/or other personnel of International Court;
d) producing a forensic expertise (expert) reports at the request of the Court;
e) transportation of a person who is to be surrendered to the International Court Court;
f) any unforeseeable expenses stemming from the consultations with the International Court
on execution of the request;
g) execution of decision of the International Court.
2. Expenses referred to in paragraph 1 of this Article shall be reimbursed by the
International Court in a manner established by the Statute.
3. Expenses related to assistance rendered by the Georgian state authorities to each other
in the course of execution of a Court request shall not be reimbursed by the Court.
4. Expenses related to execution of an arrest decision upon the motion of the
Responsible Agency as well as those related to the defense of the person, when necessary, shall be reimbursed from the State Budget.
Article 17. Use of Georgian territory for transporting a person
1) At the request of the Court, the Responsible Agency issues a permit for transporting
by transit the arrested persons.
2) No consent is required if the transit will take place by Georgian air space without
landing.
3) In case of unscheduled landing, the person transported by transit shall be detained and
transferred to the preliminary detention center. The Responsible Agency immediately applies to the International Court for issuing a request for transit. If within 72 hours following the detention such request is not received, the detained person shall be released. Ifthe request is received later, the release person shall be detained anew and a permit for his transit will be issued.
4) A permit for transporting such a person by transit may not be challenged.
Article 18. Competing requests
1) If Georgia receives requests for surrender or extradition from both the International
Court and other state concurrently, the Responsible Agency takes decision in accordance with rules prescribed by Article 90 of the Statute.
2) If Georgia receives identical requests from the International Court and other state
concurrently for cooperation in matter not related to surrender or extradition of a person, the Responsible Agency takes a decision in accordance with rules prescribed by Article 93(9) of the Statute.
3) If, in case of competing requests, the Responsible Agency decides to satisfy a request
of the other state, the Agency shall immediately notify the International Court thereon.
Article 19. Award of damages
1. Provisions of Georgian legislation relating to award of damages for unlawful detention or other unlawful act will be applicable only if the prosecuted person has been subject to procedural measures under this Law in Georgia at the request of the International Court.
2. Damages to be awarded may be reduced or award of damages may be refused if the prosecuted person intentionally caused the investigation and detention in whole or in part or has intentionally protracted or complicated the proceedings.
3. Damage cause by unlawful arrest or detention or other unlawful act will not be covered by Georgia, if in accordance with the statute the damages must be awarded by the International Court or the International Court takes the decision to refuse the award of damages.
(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.