Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings

Albania

Albania - Criminal Procedure Code 2011 EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 508-Summoning witnesses requested by the foreign authority

1. The citation of the witnesses, residing in the territory of the Albanian state, to appear before the foreign judicial authority, are sent to the prosecutor of respective district, who takes measures for the notification, acting as in case of notification of the defendant in free condition.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;

7.

(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.