Chapter Two – Fundamental Human Rights
Article 32 – Citizenship of Georgia
The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.
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
1. A national state agency responsible for matters of cooperation between the International Court and Georgia shall be the Ministry of Justice of Georgia (hereinafter the Responsible Agency), which receives requests for cooperation from the International Court, takes measures required for the execution of the requests, and, when necessary, coordinates activities of appropriate national bodies in the course of execution of the requests.
2. For the purpose of cooperating with the International Court, the Agency for Cooperation with the International Court shall be established within the Ministry of Justice.
3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:
a)to receive a request for cooperation from the International Court;
b) to decide on acceptability of cooperation with the International Court; to develop
cooperation procedures; when necessary, to take a decision on challenging the jurisdiction of the International Court;
c)to decide on necessary measures to be taken for the purpose of cooperation; also to determine a specific state authority having the competence to execute the request;
d) to inform the International Court on the results of execution of the request;
e)where so provided for in the Statute, to consult with the Court on matters related to the request;
f) when necessary, and in accordance with law, to take measures to appoint a public attorney and/or to render other legal aid;
g) to make a decision on surrender a prosecuted person to the International Court;
h) in accordance with Article 70(4)(b) of the Statute, forward a request on conduct of criminal proceedings received from the International Court to an appropriate competent state authority;
i) to take a decision on a request of the International Court, for the purpose of executing a deprivation of liberty sentence on the territory of Georgia, for accepting the convicted person and executing a fine and/or other reimbursement of expenses imposed by the International Court.;
j) for the purpose of executing urgent measures indicated in the request, to determine the forms and conditions of execution;
k) to forward on behalf of Georgia to the International Court evidence and information gathered by the Georgian state authorities if it makes it possible for the International Court to commence prosecution;
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;
m) to perform other functions assigned by the Statute and this Law.
Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia
Article 4. Obligations of state authorities for the execution of requests of the International Court
The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.
Chapter IV
Request of the International Court
Article 11. Review and execution of a request
1.The Responsible Agency reviews the request received and determines a state authority competent to execute the request; also specifies possible measures within the framework of cooperation.
2.If immediate execution of the request may hinder an on-going investigation or prosecution of a case not related to the request, the Responsible Agency may, in accordance with Article 94 of the Statute suspend execution of the request for a period to be agreed upon with the International Court. This period shall not exceed the time limit prescribed by the Code of Cirminal Procedure of Georgia for the completion of investigation.
3.After a request is reviewed, the Responsible Agency decides whether to cooperate or not and scope of cooperation.
4.The Responsible Agency or/and the authority appointed to execute the request shall forward a decision on accepting the request to persons who under this Law are entitled to challenge it and who have a residence or operate in Georgia.
Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia
Article 4
Obligations of state authorities for the execution of requests of the International Court
The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.
Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia
Article 5
Consultation with the International Court
The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:
a. contradicts fundamental legal principles of a state, as indicated in Article 93(3) of the Statute;
b. affects interests of national security;
c. jeopardizes the on-going investigation or prosecution of another criminal case;
d. violates domestic or diplomatic immunity.
Chapter 4 Request of the International Court
Article 9
Form of a request from the International Court and conditions of its receiving
3. A request on conducting search, arrest or other urgent measures may be carried out via International Criminal Police (Interpol) or other means provided for by the Statute, subject to further approval.
Chapter 4 Request of the International Court
Article 15
Request of Georgia
1.Where there are grounds to consider that a crime within the jurisdiction of the International Court has been committed state prosecution authorities are entitled to file a request with the International Court via of Responsible agency.
2.A request filed by an authorized body on behalf of Georgia with the Court shall meet requirements under the Statute and this Law.
Chapter 6 Other Forms of Cooperation
Article 34
Use of Procedure
As a rule the requests of the International Court is executed in accordance with the procedure established by the Georgian legislation. However, at the request of the International Court, procedures established by the International Court may be used.
Chapter 2 Provision of legal assistance in criminal cases
Article 11
Execution of request for legal assistance of a foreign state in the territory of Georgia
1. Where there is a relevant legal basis, the Ministry of Justice of Georgia shall ensure the execution of a request of a foreign state for criminal assistance in the territory of Georgia.
2. A request for legal assistance received from a foreign state shall be executed in accordance with the legislation of Georgia.
3. Unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, when rendering legal assistance, in the case of a relevant request, the legislation of the requesting foreign state shall also be used if it does not contravene the fundamental principles of the legislation of Georgia.
4. Procedural actions related to the coercion of a person and to the limitation of their constitutional rights and freedoms shall be conducted if they have been authorised by a foreign court or other foreign competent authorities.
5. Where there are relevant legal grounds, the representatives of a foreign state requesting legal assistance may be present during the execution of a request for legal assistance with the prior consent of the Ministry of Justice of Georgia. The Ministry of Justice of Georgia shall satisfy the request if the presence of the interested persons will better meet the requirements of the foreign state and exclude the necessity of additional requests for legal assistance.
6. If the information provided by a foreign state is not sufficient to execute a request for legal assistance, the Ministry of Justice of Georgia may request the foreign state to provide additional information.
7. Materials obtained as a result of legal assistance shall be sent to the foreign state through the Ministry of Justice of Georgia.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.