Chapter IV
Request of the International Court
Article 11. Review and execution of a request
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.
Chapter V
Surrender of a person to the International Court
Article 28. Execution of surrender
2. The Responsible Agency, having consulted with the International Court, may delay surrender if the person subject to surrender is detained or there are ongoing proceedings against this person for charges other then the ones before the International Court.
Chapter 3 Extradition
Article 33
Deferred extradition and temporary surrender
Article 33 - Deferred extradition and temporary surrender
1. If a person whose extradition is requested is serving a sentence for any other crime committed in the territory of Georgia, the extradition of that person may be deferred until such person has served the sentence or until the person has been released from serving the sentence. If a person who is subject to a request for extradition has been charged for a crime committed in the territory of Georgia, the extradition may be deferred until the judgement is delivered, or until the person has served the sentence or until the person has been released on other legal grounds.
2. The extradition of a person to a foreign state may be deferred for humanitarian reasons.
3. A decision on deferring the extradition of a person to a foreign state shall be made by the Minister of Justice of Georgia.
4. If there is a relevant request, the person who is subject to the request may be temporarily surrendered to the requesting state. A request for a temporary surrender shall be reviewed in accordance with the procedure for reviewing extradition requests. A temporary surrender may be carried out on the condition that the person who is subject to the request is returned to Georgia after the expiration of specified time limits.
5. The Ministry of Justice of Georgia may, in accordance with an international or individual agreement of Georgia, submit a request to the relevant foreign authority for the temporary surrender of a person.
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).