Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings


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

Chapter VI
Other Forms of Cooperation

Article 40. Temporary surrender of arrested persons

1. A person being in custody in Georgia may be temporarily transferred to the International Court for identification, interrogation, cross-examination or other investigation purposes, in accordance with article 93 of the Statute.

2. The person may by temporarily transferred to the International Court, if the International Court covers the expenses of his transportation and his remaining into custody, provided that it will return the person after the purpose of the transfer is fulfilled.

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:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.