Facilitating voluntary appearance of persons - national proceedings

Georgia

Georgia - Law on International Cooperation in Law Enforcement 2003 EN

Chapter 3 Types of Coordination

Article 16

Protection of participants in criminal processes and other persons

1. The appropriate law enforcement authorities of Georgia may upon request cooperate with the foreign law enforcement authorities in transferring participants of criminal processes and other persons to foreign countries from Georgia, or from foreign countries to Georgia, according to the legislation of Georgia and the legislation of foreign countries.

2. The Ministry of Internal Affairs of Georgia shall ensure specific measures under the legislation of Georgia for protection of participants in criminal processes and other persons transferred from foreign countries to Georgia.

3. The Ministry of Internal Affairs of Georgia shall inform the foreign law enforcement authorities requesting specific measures of protection of the types of measures being applied for the participants in criminal processes and other persons transferred to Georgia.

4. The Ministry of Internal Affairs of Georgia shall conclude individual agreements with foreign law enforcement authorities for each specific case of transferring participants in criminal processes and other persons to/from the country, which shall determine cooperation details related to their transfer to/from the country.

5. The appropriate law enforcement authorities of Georgia shall make a decision for each specific case of transferring participants in criminal processes and other persons from foreign countries to Georgia.

6. The cooperation provided for in this article shall not prevent criminal proceedings being held in the territory of Georgia or of foreign countries.

7. When there are grounds for terminating protection of participants in criminal processes and other persons transferred from foreign countries to Georgia, the foreign law enforcement authorities shall immediately be informed. In such cases, the possibility of returning participants in criminal processes and other persons transferred from foreign countries to Georgia shall be discussed.

8. Participants in criminal processes and other persons transferred from foreign countries to Georgia shall follow the legislation of Georgia. If they violate the legislation of Georgia or the rules of behaviour specially defined for them, the appropriate foreign law enforcement authorities shall immediately be informed. Violation of the legislation of Georgia or the rules of behaviour by participants in criminal processes and other persons transferred from foreign countries to Georgia may be grounds for returning them.

9. Expenses related to the cooperation provided in this article shall be covered by the country from which participants in criminal processes and other persons have been transferred, unless otherwise determined in an international agreement of Georgia or in individual agreements.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;