Chapter VIII
Execution of Decision of the International Court
Article 45. Conditions for execution of decisions of the International Court
1. At the request of the International Court, decision which entered into force may executed in Georgia if the convicted person is a citizen of Georgia and/or permanent resident of Georgia and/or his property is on the territory of Georgia.
2. A sentence by the international Court imposing pecuniary penalties may be executed in Georgia also if the person has a permanent residence abroad but his property is on the territory of Georgia.
3. Decisions of the International Court shall be executed pursuant to procedures, of the Law of Georgia on Imprisonment, law of Georgia on punishment execution proceedings or the Law of Georgia on Execution of Non-imprisonment Sentences and Probation.
Article 46. Execution of a deprivation of liberty sentence
1. A deprivation of liberty sentence imposed by the International Court may be executed on the territory of Georgia after the Responsible Agency gives consent to execute the request thereon.
2. The Responsible Agency, having consulted with a state authority competent to execute a deprivation of liberty sentence, makes a decision on executing the deprivation of liberty sentence imposed by the International Court on the territory of Georgia. The Responsible Agency shall notify its decision to the International Court.
3. At the request of the Court, the Responsible Agency provides any information related to execution of sentences. The International Court may, at any time, send its representative to Georgia to check the imprisonment conditions and to meet with and converse with the convicts. Relations between the International Court and such a convict shall be confidential.
4. If the convict submits a motion for his release parole, pardon, appeal or renewal of proceedings due to newly discovered circumstances, as appropriate state authority shall immediately forward such a motion together with other necessary documentation to the International Court. Only the International Court shall have the power to reduce the length of imprisonment or mitigate the sentence in any manner.
5. Other matters relating to the execution of the sentence shall be resolved in accordance with the applicable legislation of Georgia.
Article 48. Execution of decisions on confiscation of objects or assets holding material
value
In executing a decision of the International Court on confiscation of objects or assets holding material value, rules established in this Law and the code of criminal procedure of Georgia shall apply, if there is a decision of the International Court on confiscation of objects or assets holding material value and the International Court requests Georgia to take measures for the execution of the aforementioned decision.
Article 49. Execution expenses
Transportation expenses as well as expenses referred to in Article 103(4) of the Statute, shall be reimbursed by the International Court. Georgia shall bear other expenses related to execution of the sentence on its territory.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.