Questioning of persons - authority - ICC proceedings

Republic of Georgia

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

Chapter VI
Other Forms of Cooperation


Article 32. Forms of cooperation

In accordance with this Chapter, cooperation with the International Court may include any procedural measure under the Statute and Georgian legislation that facilitates investigation and prosecution of crimes within the jurisdiction of the International Court as well as the seizure of the proceeds of crime. Such measures may be include:

(c) The questioning of any person being investigated or prosecuted;

Chapter VI
Other Forms of Cooperation


Article 36. Interrogation Of The Person

1. A person suspected of the commission of crime under the jurisdiction of the International Court enjoys following rights during the interrogation:
(a) the right to be given notice that he is suspected of commission of a crime within the jurisdiction of the International Court
(b) Right to refuse to give testimony
(c) the right to invite the defense counsel of his own choice, or he does not have one, to demand the appointment of the counsel by the responsible agency
(d) right to be interrogated in the presence of his defense counsel, unless he refuse the assistance of the counsel by his own free will.

2. if a person is interrogated in a language he does not or inadequately understand, he shall be assigned an interpreter. He shall also be entitled to receive necessary material translated in a language he understands.

3. A person shall have the right to refuse to testify against his close friends and relatives as defined by the Code of Criminal procedure of Georgia and by the Rules of Procedure and evidence of the International Court or by refusing to testify a person desires to prevent the disclosure of information related to state security, in accordance with Article 72 of the Statute. If the person decides to use this right, the Responsible Agency shall decide on acceptability of interrogating the person.

4. Rights established in this Article shall be explained to the person concerned before he is interrogated.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;