Detention pending surrender

Republic of Georgia

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter V
Surrender of a person to the International Court


Article 24. Detention with a view to surrender

1. Detention with a view to surrender shall last during the entire surrender proceedings.

2. When reasonable grounds are present, the prosecuted person shall have the right to apply at any time to the Criminal Chamber of the Supreme Court for temporary release. Before making decision on the release of the person, the Responsible Agency shall immediately inform the International Court thereon.

3. If a person subject to surrender according to the International Court’s request is in a pre-trial detention or is serving his sentence in a penitentiary institution, he may not be released or taken out from Georgia without the prior consent of the Responsible Agency. The Responsible Agency’s consent shall also be necessary for mitigating such person’s conditions, paying visit or censoring his correspondence.

Rome Statute

Article 89 Surrender of persons to the Court

3.

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