Availability of procedures under national law

Georgia

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

Chapter I
General Provisions


Article 2. Legal grounds of cooperation with the International Court

The Constitution of Georgia, the Statute, this Law and other legislative acts of Georgia shall be the legal grounds of cooperation with the International Court.

Chapter VI
Other Forms of Cooperation


Article 34. Use of procedure

as a rule the requests of the International Court is executed in accordance with the procedure established by the Georgian legislation. However, at the request of the International Court, procedures established by the International Court may be used.

Chapter VIII
Execution of Decision of the International Court


Article 45. Conditions for execution of decisions of the International Court

3. Decisions of the International Court shall be executed pursuant to procedures, of the Law of Georgia on Imprisonment, law of Georgia on punishment execution proceedings or the Law of Georgia on Execution of Non-imprisonment Sentences and Probation.

Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3

A national state agency responsible for cooperation between the International Court and Georgia

1. A national state agency responsible for matters of cooperation between the International Court and Georgia shall be the Ministry of Justice of Georgia (hereinafter the Responsible Agency), which receives requests for cooperation from the International Court, takes measures required for the execution of the requests, and, when necessary, coordinates activities of appropriate national bodies in the course of execution of the requests.

2. For the purpose of cooperating with the International Court, the Agency for Cooperation with the International Court shall be established within the Ministry of Justice.

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:
a. to receive a request for cooperation from the International Court;

b. to decide on acceptability of cooperation with the International Court; to develop cooperation procedures; when necessary, to take a decision on challenging the jurisdiction of the International Court;

c. to decide on necessary measures to be taken for the purpose of cooperation; also to determine a specific state authority having the competence to execute the request;

d. to inform the International Court on the results of execution of the request;

e. where so provided for in the Statute, to consult with the Court on matters related to the request;

f. when necessary, and in accordance with law, to take measures to appoint a public attorney and/or to render other legal aid;

g. to make a decision on surrender a prosecuted person to the International Court;

h. in accordance with Article 70(4)(b) of the Statute, forward a request on conduct of criminal proceedings received from the International Court to an appropriate competent state authority;

i. to take a decision on a request of the International Court, for the purpose of executing a deprivation of liberty sentence on the territory of Georgia, for accepting the convicted person and executing a fine and/or other reimbursement of expenses imposed by the International Court.;

j. for the purpose of executing urgent measures indicated in the request, to determine the forms and conditions of execution;

k. to forward on behalf of Georgia to the International Court evidence and information gathered by the Georgian state authorities if it makes it possible for the International Court to commence prosecution;

l. when so provided by the Statute, to request reimbursement of expenses, incurred in the course of execution of the request, from the International Court;

m. to perform other functions assigned by the Statute and this Law.

Chapter 2 National State Agency Responsible for Cooperation between the International Court and Georgia

Article 4

Obligations of state authorities for the execution of requests of the International Court

The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.