Postponement - ongoing investigation or prosecution


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

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.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

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).