Request for transit


Bulgaria - Extradition and European Arrest Warrant Act 2005 EN

Extradition and European Arrest Warrant Act


Title I - Obligations of the Republic of Bulgaria in the capacity of requested state

Article 29

(1) The transit of an extradited person through the territory of the Republic of Bulgaria shall be allowed by the Supreme Prosecution Office of Cassation following submission of a request to this effect in one of the ways specified in Art. 9, para 2, provided that the extradition in respect of which extradition is requested is not inadmissible in terms of Art. 7.

(2) The transit of a Bulgarian national shall be allowed in presence o the conditions required for
granting extradition.

(3) Where air transportation is used:

1. If landing has been planned, the requesting state shall submit a request for transit prior to proceedings thereat;

2. In the event of unscheduled landing the requesting state shall, immediately after landing, present a request for transit.

(4) A request for transit under para 3 shall be sent pursuant to Art. 13, para 4 and shall have the effect of a request for provisional arrest.

(5) The provisions of this Article shall also apply mutatis mutandis where the competent Bulgarian authorities request transit through the territory of another state.

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.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.