TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER IV ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
SECTION III TRANSFER OF PERSONS ARRESTED
A person under provisional arrest may consent to being transferred even if the conditions for his or her transfer have not been fulfilled. Consent must be established by written record in the presence of a member of the public prosecutor’s office, following a hearing by the latter to inform the person in question of his or her right to formal surrender proceedings. The person in question may be assisted by counsel at the hearing.
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.