VI. ARREST, DETENTION AND SURRENDER OF A PERSON TO THE INTERNATIONAL CRIMINAL COURT
(6) In a case in which the competent national bodies do not receive a request for surrender and the appurtenant documentation in the time limit determined by the Rules of Procedure and Evidence, the person who has been provisionally arrested shall be released, unless the person himself agrees to surrender prior to the time limit expiring. The release of a person in such a case shall not prevent his later arrest and surrender in compliance with a request and appurtenant documentation sent later.
(7) The release of a person referred to in the previous paragraph shall be ordered ex officio by the investigating judge who ordered the enforcement of the Court’s request for provisional arrest.
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.