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

Albania

Albania - Law on Jurisdictional Relations with Foreign Authorities 2009 (2013)

CHAPTER II
LETTERS ROGATORY

Article 21
Temporary transfer of detained persons

1. When a foreign judicial authority summons a person detained in Albania for questioning, he may be temporarily transferred to the requesting state.
2. The temporary transferring of the person is decided by the Minister if Justice if the requesting state gives guarantees for the protection and return of the person within a defined period.
3. The transferring is refused when:
a) the detained person does not give consent. If the detained person has given consent, he cannot revoke it;
b) the transferring may extend his detention;
c) there are other fundamental reasons for not transferring him.
4. When the presence of the detained person is necessary in criminal proceedings being conducted by local judicial authorities, the transferring may be postponed.
5. When a third state is requested to transfer a detained person through Albanian territory, his transit passage is permitted if he is not an Albanian citizen.
6. The office of Interpol, in cooperation with the homologous authority of the requesting state takes technical measures to realise the delivery of the detained person and immediately notifies the Ministry of Justice of the place and date of delivery of the temporarily transferred person. The delivery of the transferred person is performed by the Interpol Office, which immediately notifies the Ministry of Justice and the General Prosecutor.
7. The time of detention in the requesting state is calculated in the amount of the sentence served in Albania.
8. The rules provided by this article are also applicable to a person detained in Albanian territory or who has been transferred to serve a sentence given by the requesting state, when his personal appearance has been requested for purposes of a review of the decision by the requesting state.

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.