Transit proceedings


Cooperation with the ICC Act N.2002.329


The Head of the Ministry of Justice may issue a permit for transit through Sweden of a person deprived of his or her liberty who, to be surrendered or extradited or for another purpose, shall be transferred between another State and the International Criminal Court. During such transit, the deprivation of liberty shall continue unless the Court requests that the person being transferred is released.

For transport by air without a scheduled intermediate landing in Sweden, permission according to the first paragraph is not required. If an unscheduled intermediate landing occurs, the police authority shall take the person being transferred into custody until an application is made for permission for the transit in accordance with the first paragraph and immediately notify the Head of the Ministry of Justice thereof. If no application is made within at the latest 96 hours of the unscheduled landing, the person shall be immediately released.

If permission has been granted in accordance with the first paragraph, the police authority may if necessary take the person being transferred into custody. The provisions of Section 5 apply as regards compulsory measures in a matter concerning transit.

International Legal Assistance in Criminal Matters Act (2000:562)

Chapter 4. Special provisions concerning different measures of legal assistance

Transfer of persons deprived of liberty for hearings, etc.

Transport through Sweden

Section 33

The Minister of Justice may grant permission for transport through Sweden for a person deprived of liberty who will be transferred over from one state to another state for hearing or confrontation.

Rome Statute

Article 89 Surrender of persons to the Court


(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.