Request for transit

Czech Republic

Czech republic - Act on International Judicial Cooperation in Criminal Matters 2013 EN

PART THREE Individual forms of International Judicial Cooperation
Chapter V Transit of Persons
Sub-chapter 2 Transit of Persons through the Territory of the Czech Republic

Section 142
(1) The Ministry will be competent to accept requests of foreign states for authorization of transit of persons through the territory of the Czech Republic within the framework of international judicial cooperation between two or more foreign states, and to authorize the transit. In case the request is served to another authority of the Czech Republic, it will immediately forward it to the Ministry.
(2) The Ministry will not authorize transit of persons through the territory of the Czech Republic, if
a) a citizen of the Czech Republic is concerned,
b) the state requesting the transit through the territory of the Czech Republic fails to
document, for what purposes is the transit to be authorized,
c) there is a possibility to impose a death penalty in the criminal proceedings, concerning
which is the transit requested, and the state conducting the proceedings does not provide a
guarantee that the death penalty will not be imposed or executed,
d) transit for the purpose of extradition of a person for execution of a death penalty is
e) transit in relation to a criminal offense of a strictly political or military character is
f) it would be contrary to the obligations arising for the Czech Republic from international
treaties on human rights and basic freedoms,
g) there is a reasonable concern that the person would be subject to persecution for his race,
religion, sex, membership to a certain national or other group, nationality or for his
political beliefs in the state, to which he is to be extradited or surrendered,
h) an order to arrest, order to detain or order to deliver a person for execution of a sentence of imprisonment, European Arrest Warrant or an arrest warrant issued pursuant to Part five Chapter II Sub-chapter 4 was issued in the Czech Republic for the person, whose transit is requested, or if the court took steps aimed towards delivering the person to
execution of a protective measure associated with incarceration, or
i) such transit between the Czech Republic and the state requesting the transit through the
territory of the Czech Republic is not regulated by an international treaty and this state does not provide assurance of reciprocity; this will not apply, if the transit is requested by another Member State within the procedure under Part five.
(3) Authorization of transit of a person through the territory of the Czech Republic for a kind of international judicial cooperation that comprises returning the person, will apply also to his eventual return transit.
(4) Authorization of transit of a person through the territory of the Czech Republic is not necessary in case of flight transit without landing in the territory of the Czech Republic.

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.