Georgia - Constitution 1995 (2018) EN

Chapter Two – Fundamental Human Rights
Article 32 – Citizenship of Georgia
The transfer of a citizen of Georgia to a foreign state shall be inadmissible except in cases provided for by an international treaty. The decision to transfer a citizen may be appealed to the court.

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

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.
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.
Article 22. A request for searching for and arrest of a person; preservation of evidence
1. A request concerning the searching for and arrest of a person required by the International Court must contain:
(a) exact data on the person whom the request refers to and his alleged actual location;
(b) a summary of circumstances of the case as well as, if possible, place and time of commission of a crime;
(c) an indication to a warrant of arrest or a convicting decision made in relation to the person;
(d) an indication that a request for surrender will be further presented.
2. If the Responsible Agency decides in favor of the request, it then applies to the Prosecutor General of Georgia; the latter, in accordance with procedure prescribed by law, issues a warrant of searching for, arrest and searching the person.
3. When arresting a person, items that may be used as evidence before the International Court shall be seized and preserved in a manner prescribed by law.

4. The fact of arresting and seizure of the evidence shall be notified to the Responsible Agency, which on its part immediately informs the International Court thereon and requests the Court to immediately forward a request for surrender to it.

Article 23. Arrest of a person for the purpose of his surrender
1. On the motion of the Responsible Agency, the Prosecutor General of Georgia within 48 hours of the time of arrest of a person applies to the Criminal Chamber of the Supreme Court of Georgia with a request to order arrest of the person for the purpose of his surrender to the International Court. Within next 24 hours the Supreme Court of Georgia shall decide whether to issue such an order or not. If the supreme Court of Georgia is unable to reach the decision in time the arrested person shall be immediately released.
2. The order of arrest shall contain:
(a) data on the prosecuted person and an act/omission he is accused of;
(b) an indication that the person’s surrender is requested by the International Court;
(c) an indication that the person is entitled to challenge the decision and exercise the right to defence.
3. If the Georgian Criminal Procedural legislation prohibits arrest of a prosecuted person, the Responsible Agency may, after consulting with the International Court, request the Prosecutor General of Georgia to apply a procedural measure other than arrest in relation to that person.
4. In ordering arrest it should be verified that the arrested person is the person whose arrest is sought in the International Court’s request. The arrested person shall be given notice of the grounds for surrender and a summary procedure of surrender. He shall be interrogated with regard to his personal data and shall be given explanation that he has the right to defense.
5. The person subject to surrender shall have the right to challenge the order before the Criminal Chamber of the Supreme Court of Georgia within 5 days of the receipt of a copy of the arrest order.
Article 24. Detention with a view to surrender
1. Detention with a view to surrender shall last during the entire surrender proceedings.
2. When reasonable grounds are present, the prosecuted person shall have the right to apply at any time to the Criminal Chamber of the Supreme Court for temporary release. Before making decision on the release of the person, the Responsible Agency shall immediately inform the International Court thereon.
3. If a person subject to surrender according to the International Court’s request is in a pre-trial detention or is serving his sentence in a penitentiary institution, he may not be released or taken out from Georgia without the prior consent of the Responsible Agency. The Responsible Agency’s consent shall also be necessary for mitigating such person’s conditions, paying visit or censoring his correspondence.
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.
Article 26. Rights of a person subject to surrender
1. A request for surrender and its accompanying materials shall be served to the prosecuted person and his legal counsel in a language they understand.
2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:
a) challenge the jurisdiction of the International Court;
b) invoke a defense counsel at his own choice or, where there is no such counsel, to request the Responsible Agency to choose a counsel for him or to appoint a counsel in his favor.
3. A prosecuted person shall be interrogated with regard to his personal data and will be explained the grounds for his surrender. The person shall have the right to offer arguments against his arrest and surrender. His counsel shall have the right to participate in this procedure.
Article 27. Issuance of a surrender permit
1. A decision on surrender of a prosecuted person as well as for transfer of items and property holding material value, seized and preserved in a proper manner shall be taken by the Responsible Agency.
2. If the prosecuted person or the Responsible Agency is challenging the jurisdiction of the International Court, issuance of the permit will be delayed until the International Court passes its decision on the matter.
3. If a third party, or victim whose residence is in Georgia requests the exercise of his/its ownership right over the property or items holding material value that are seized to be used as evidence, the above property or item items holding material value may be transferred to the International Court providing the latter undertakes to returned them free of charge upon the completion of proceedings.
Article 28. Execution of surrender
1. The decision on surrender shall be executed immediately. The Responsible Agency takes an appropriate decision after the agreement with the International Court.
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.
Article 29. Temporary surrender of a person
1. In cases referred to in Articles 27(2) and 28(2) of this Law, the Responsible Agency may decide upon temporary surrender of a prosecuted person, if having consulted with the Court the following is determined:
a) a period for which the International Court is seeking the surrender of the person;
b) that the person will remain in detention during the entire proceedings;
c) that following the completion of the proceedings the person will be returned back upon motion of the Responsible Agency.
Article 30. Rule of specialty
A person surrendered to the International Court shall be prosecuted, punished or detained for any conduct within the jurisdiction of the International Court.

Georgia - Law on International Cooperation in Criminal Matters 2010 EN

Chapter 3 Extradition

Article 33

Deferred extradition and temporary surrender

Article 33 - Deferred extradition and temporary surrender

4. If there is a relevant request, the person who is subject to the request may be temporarily surrendered to the requesting state. A request for a temporary surrender shall be reviewed in accordance with the procedure for reviewing extradition requests. A temporary surrender may be carried out on the condition that the person who is subject to the request is returned to Georgia after the expiration of specified time limits.

5. The Ministry of Justice of Georgia may, in accordance with an international or individual agreement of Georgia, submit a request to the relevant foreign authority for the temporary surrender of a person.

Rome Statute

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.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.