Postponement of execution of ICC request

Georgia

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 IV
Request of the International Court


Article 12. Protection of national security

2.Where a circumstnace under paragraph 1 of this Article is the case, the National Security Council of Georgia may take a decision on suspending measures for the execution of the request.

Chapter V
Surrender of a person to the International Court


Article 20. Legal grounds of surrender

2. If the International Court is considering an application challenging its jurisdiction pursuant to Articles 17-19 of the Statute, the Responsible agency may postpone the execution of the request until the Court makes a decision on this matter.

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 VI
Other Forms of Cooperation


Article 31. Basic principle of cooperation

2. If the International Court is considering an appeal challenging its jurisdiction pursuant to Articles 17-19 of the Statute, the Responsible Agency may suspend execution of the request until the International Court passes a decision on the matter. In this case preparatory measures may be taken by decision of the Responsible Agency.

Chapter VI
Other Forms of Cooperation


Article 41. Transfer of evidence

3. The transfer of such property or item may be postponed if it is necessary for ongoing proceedings in Georgia and if the International Court, after consultation, gives its consent thereto.

Chapter VII
Challenge


Article 44. Suspension of execution of the International Court’s request

1. Challenging of the decision on execution of the request shall suspend its execution.

2. In case of emergency pursuant to the Statute, the Responsible Agency may apply to the Supreme Court of Georgia for cancellation of the suspension of execution of the request.

3. If an appeal challenging the execution is not upheld challenge is not upheld, execution of the decision shall be resumed.

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).

Article 95 Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.