Chapter IV
Request of the International Court


Article 17. Use of Georgian territory for transporting a person

1) At the request of the Court, the Responsible Agency issues a permit for transporting
by transit the arrested persons.

2) No consent is required if the transit will take place by Georgian air space without
landing.

3) In case of unscheduled landing, the person transported by transit shall be detained and
transferred to the preliminary detention center. The Responsible Agency immediately applies to the International Court for issuing a request for transit. If within 72 hours following the detention such request is not received, the detained person shall be released. Ifthe request is received later, the release person shall be detained anew and a permit for his transit will be issued.

4) A permit for transporting such a person by transit may not be challenged.

Chapter 2 Provision of legal assistance in criminal cases

Article 7 (1)

Temporary transfer of a person held in custody in Georgia to the territory of a foreign country for the purpose of participation in an investigative action

1. Where there are relevant legal grounds, if during the conduct of an investigative action in the territory of a foreign state in relation to a criminal case conducted by the competent authorities of Georgia, there arises a need for the presence of a person who is held in custody in Georgia, the investigator, prosecutor or judge (court) shall be authorised to require, through the Ministry of Justice of Georgia, a temporary transfer of this person to the territory of the foreign state for participation in the relevant investigative action.

2. In the case provided for by paragraph 1 of this article, prior written consent from the person held in custody in Georgia shall be necessary for a temporary transfer of such person to the territory of a foreign state.

3. The request specified in paragraph 1 of this article may be sent to a competent authority of a foreign state in the form of a request for legal assistance. The written consent of the person held in custody in Georgia, or a copy of such consent, shall be attached to the request.

4. The procedure and conditions for a temporary transfer of a person held in custody in Georgia to a foreign state shall be determined under a written agreement entered into between the Ministry of Justice of Georgia and the competent authorities of the foreign state.

5.In accordance with this article, a person temporarily transferred to the territory of a foreign state, including in the case of transit through a third State, shall remain in custody, if the Ministry of Justice of Georgia does not require their release from custody.

6. The period of detention of a person temporarily transferred to the territory of a foreign state shall be counted towards the total period of the sentence imposed by the court.

Chapter 5 Transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

Article 46 Transit of Convicted persons

1. Matters relating to the transit through Georgia of a convicted person to be transferred to a third state by a foreign state shall be decided by the Minister of Justice of Georgia.

2. The competent foreign authority effecting the transit of a convicted person shall apply to the Ministry of Justice of Georgia with a request for the transit of the convicted person through Georgia.

3. The Ministry of Justice of Georgia shall apply with a request for the transit of a convicted person to the competent authority of the state through which the convicted person to be transferred to Georgia is to be transited.