Preservation of evidence - national procedures for ICC proceedings


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

Chapter V
Surrender of a person to the International Court

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.

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:

(j) The protection of victims and witnesses and the preservation of evidence;