Request for arrest and surrender


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

Chapter IV
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 V
Surrender of a person to the International Court

Article 20. Legal grounds of surrender
1. A person shall be surrendered to the International Court if from the request and the accompanying materials it derives that the act committed is within the jurisdiction of the International Court.
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.
3. If a citizen of Georgia is surrendered to the International Court, the Responsible Agency applies to the Court with a request to return the person to Georgia following the completion of the proceedings.

Chapter V
Surrender of a person to the International Court

Article 21. Contents of a request and materials to be attached

1 .A request for arrest and surrender of a person for whom the International Court issued a arrest warrant must contain:
b) data required for identification of the person and also indication of alleged actual
location of the person;
c)a copy of the warrant of arrest;
d) reason of arrest.

2.A request for arrest and surrender of a convicted person must contain additionally:
a)a copy of the sentencing decision;
b) information on the terms of sentence served and remaining, if the person has already
been convicted and sentenced to imprisonment.

3. Such a a request shall be accompanied with a statement of substantial circumstances of the case that are adequate for legal evaluation of the facts.

Rome Statute

Article 59 Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

(a) The warrant applies to that person;

(b) The person has been arrested in accordance with the proper process; and

(c) The person's rights have been respected.

3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.