Transportation and transit through State territory for surrender


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 2

Subdivision 2
Procedure for Extradition of Persons to Foreign States

§ 456. Permission for transit of extradited person

(1) Permission for the transit of persons extradited by third states through the territory of the Republic of Estonia shall be granted by the Minister of Justice.

(2) A request for transit shall meet the requirements of § 442 of this Code.

(3) Permission for transit shall not be granted if :

1) the act for which the person is extradited is not punishable pursuant to the Estonian Penal Code ;
2) Estonia considers the act which is the basis for extradition to be a political offence or a military offence ;
3) death penalty may be imposed on the extradited person in the requesting state and the state has not given assurance that death penalty will not be imposed or carried out.

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.