Costs

Georgia

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

l) when so provided by the Statute, to request reimbursement of expenses, incurred in the course of execution of the request, from the International Court;

Chapter IV
Request of the International Court


Article 16. Reimbursement of expenses related to execution of the International Court requests

1 .Requests of the International Court shall, as a rule, be executed without reimbursement. Exceptions to this rule are the expenses related to:
a) transportation and protection of witnesses and experts/specialists or temporary transfer of
arrested persons;
b) translation, drawing up shorthand records or intepretation;
c) travel and per diem of judges, prosecutor, deputy prosecutors, registrar, deputy registrars
and/or other personnel of International Court;
d) producing a forensic expertise (expert) reports at the request of the Court;
e) transportation of a person who is to be surrendered to the International Court Court;
f) any unforeseeable expenses stemming from the consultations with the International Court
on execution of the request;
g) execution of decision of the International Court.

2. Expenses referred to in paragraph 1 of this Article shall be reimbursed by the
International Court in a manner established by the Statute.

3. Expenses related to assistance rendered by the Georgian state authorities to each other
in the course of execution of a Court request shall not be reimbursed by the Court.

4. Expenses related to execution of an arrest decision upon the motion of the
Responsible Agency as well as those related to the defense of the person, when necessary, shall be reimbursed from the State Budget.

Chapter VIII
Execution of Decision of the International Court


Article 49. Execution expenses

Transportation expenses as well as expenses referred to in Article 103(4) of the Statute, shall be reimbursed by the International Court. Georgia shall bear other expenses related to execution of the sentence on its territory.

Chapter 6 Other forms of cooperation

Article 38

Summons to the International Court

2. A summoned person is not obliged to appear before the International Court if his transportation expenses are not covered by the International Court.

3. If the International Court submits the request envisaged in this article, the International Court shall also submit to Responsible Agency the appropriate documents guaranteeing that the expenses of free movement of the witness will be covered by the International Court.

Chapter 6 Other forms of cooperation

Article 40 Temporary surrender of arrested persons

2. The person may by temporarily transferred to the International Court, if the International Court covers the expenses of his transportation and his remaining into custody, provided that it will return the person after the purpose of the transfer is fulfilled.

Chapter 8 Execution of Decision of the International Court

Article 49 Execution expenses

Transportation expenses as well as expenses referred to in Article 103(4) of the Statute, shall be reimbursed by the International Court. Georgia shall bear other expenses related to execution of the sentence on its territory.

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 1 General Provisions

Article 4 - Expenses

1. Unless otherwise provided for by an international or individual agreement of Georgia or by the conditions of reciprocity, Georgia shall assume all the expenses related to the implementation of international cooperation in criminal matters in the territory of Georgia.

2. Expenses may be distributed differently on the basis of the relevant international agreement or of agreement of the parties.

Chapter 2 Provision of legal assistance in criminal cases

Article 7

Summoning a person located in the territory of a foreign state in connection with a criminal case conducted by the competent authorities of Georgia

3. A witness, an expert or a victim summoned in accordance with this article to the territory of Georgia shall be reimbursed for all the expenses related to their travel and stay in the territory of Georgia, as well as to the time spent away from their main work. A summoned expert shall additionally be reimbursed for all the expenses and remuneration related to the performance of his/her professional activities.

4. A notice to summon a witness, an expert or a victim referred to in paragraph 2 of this article, or a request for legal assistance, shall contain the amount of the expenses that are to be reimbursed to the summoned person for their appearance.

5. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the foreign state concerned may, upon a prior request of the Ministry of Justice of Georgia, pay to the person to be summoned as a witness, expert or victim a certain amount of money as an advance, which shall subsequently be reimbursed by the competent authorities of Georgia.

Georgia - Law on International Cooperation in Law Enforcement 2003 EN

Chapter 1 General Provisions

Article 6

Financial Support

1. Georgia may undertake the covering of all expenses related to the implementation of international cooperation in law enforcement in the territory of Georgia unless otherwise determined by international agreements of Georgia, an ad hoc decision, a decision for cooperation based on the principle of reciprocity or by individual agreement.

2. As an exception, Georgia may cover expenses related to international cooperation in law enforcement in the territory of foreign countries if the respective foreign country refuses to cover such expenses and if such cooperation is in the interest of Georgia.

Chapter 3 Types of Coordination

Article 16

Protection of participants in criminal processes and other persons

9. Expenses related to the cooperation provided in this article shall be covered by the country from which participants in criminal processes and other persons have been transferred, unless otherwise determined in an international agreement of Georgia or in individual agreements.

Rome Statute

Article 100 Costs

1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:

(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;

(b) Costs of translation, interpretation and transcription;

(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;

(d) Costs of any expert opinion or report requested by the Court;

(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and

(f) Following consultations, any extraordinary costs that may result from the execution of a request.

2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.