Transit
52. (1) The Attorney-General must give permission to a country (the "second country") to transport through the territory of Kiribati a person who has been surrendered to the second country by a third country if:
(a) the second country asked for transit permission before the person entered Kiribati; and
(b) the second country is:
(i) a Commonwealth country, a Pacific Island country or a treaty country; or
(ii) a country approved by the Minister for Foreign Affairs for the purpose of the request.
(2) If transit permission is given under subsection (1):
(a) the Attorney-General give details to the Commissioner of Police; and
(b) a police officer in Kiribati may assist the foreign escort officer escorting the person; and
(c) the person may be held in custody in Kiribati until the person's journey can continue.
(3) If it is necessary to hold the person in custody for more than 24 hours, the person must be brought before a magistrate who may issue a warrant to commit the person to custody.
(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.