Consent to surrender


Estonia - Constitution 1992 (2015) EN

Chapter II
Fundamental Rights, Freedoms and Duties

§ 24.

No one may be transferred, against his or her free will, from the jurisdiction of a court specified by law to the jurisdiction of another court.

Estonia - Criminal Procedure Code 2003 (2020) EN


Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 449. Simplified extradition procedure
(1) An alien may be extradited to the requesting state pursuant to the simplified procedure without verification of the legal admissibility of the extradition, on the basis of a written consent granted by the alien in the presence of his or her counsel.
(2) A proposal to consent to extradition pursuant to the simplified procedure shall be made to the person claimed upon his or her detention. The consent shall be immediately communicated to the Minister responsible for the area who shall decide on the extradition of the person pursuant to the procedure provided for in § 452 of this Code.
(3) A decision of the Minister responsible for the area on the extradition of an alien pursuant to the simplified procedure shall be promptly communicated to the Police and Border Guard Board for execution and to the Office of the Prosecutor General for their information. A decision by which extradition pursuant to the simplified procedure is refused shall be sent to the Office of the Prosecutor General who shall decide on the submission of a request to take over criminal proceedings from the foreign state.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

Rome Statute

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(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.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.