Provisional arrest


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

Chapter V
Surrender of a person to the International Court

Article 25. Termination of detention

1. Detention of a person arrested in accordance with Article 92 shall terminate if a request of the International Court together with accompanied materials is not submitted to the Responsible Agency within 60 days of the date the person was detained.

2. If a prosecuted person is detained, the time limit indicated in paragraph 1 of this Article shall be calculated from the moment the person was detained for the purpose of surrender to the International Court.

3. If a person is released from detention under paragraph 1 of this Article, it shall not preclude his further detention and surrender upon belated receipt of the request for surrender together with accompanied materials.

4. While releasing a person from detention, other provisions of the Georgian Criminal Procedure Code may apply, if that they do not contradict requirements of the Statute.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.