Part 5
Other Requests

56.—
(1) In this section “transferee” means a person who—

(a) is being surrendered to the International Criminal Court under Article 89 by another state,
(b) is in custody in another state and is being temporarily transferred to the Court under Article 93.7, or
(c) is being transferred in accordance with Part 10 of the Statute between the Court and another state, or between such other states, to serve a sentence of imprisonment imposed by the Court,
and in relation to whom a request for transit has been transmitted in accordance with Article 87.

(2) Subject to Article 89.3, the Minister shall authorise transit through the State of a transferee unless transit would, in the Minister’s opinion, impede or delay the surrender.

(3) The Minister may—

(a) attach to the authorisation any conditions that he or she considers to be necessary, and
(b) arrange for the person, while in transit through the State, to be supervised by a member of the Garda Síochána.

(4) A transferee—

(a) shall, in accordance with Article 89.3(c), be detained on arrival in the State by a member of the Garda Síochána, and
(b) is deemed to be in the custody of that member or of any other such member for the time being supervising the transferee.

(5) In addition to the information required by Article 89.3(b) to be contained in a request by the Court for transit, the Minister may require the Court to supply such further information in relation to the circumstances of the surrender or transfer of the transferee concerned as the Minister considers to be necessary or expedient.

(6) (a) This subsection applies where a person referred to in any paragraph of subsection (1) is on board an aircraft which makes an unscheduled landing in the State.

(b) Where this subsection applies, the Minister may—

(i) require that the Court, in accordance with Article 89.3(e), submit a request for transit of the person concerned within the period of 96 hours commencing at the time of the unscheduled landing, and
(ii) inform the Court that, if the request is not received within that period, the person will be released.

(c) If the request is not received by the Minister before the end of the period mentioned in paragraph (b) (ii), the Minister shall order the person’s release.

(d) The release is not a bar to the arrest of the person on foot of a subsequent request from the Court for his or her surrender.

(e) Subsections (2) to (5) apply in relation to such a person as they apply in relation to a transferee.