Detention during transit


Germany - Cooperation with ICC 2002 EN

Part 3 Transit

§ 37 Transit Proceedings
(relating to Article 89 para. 3(c) of the Rome Statute)

(1) If the transit appears to be permissible, the suspect will be detained to ensure it.
(2) The detention will be ordered via a written arrest warrant (Durchbeförderungshaftbefehl) of the Higher Regional Court. § 12 para. 2, § 20 para. 2 apply mutatis mutandis.
(3) Transit shall only be approved when an arrest warrant for transit has been issued.
(4) The suspect shall be informed of the arrest warrant for transit promptly upon his entry into Germany. The suspect shall receive a copy.
(5) If it appears that the transit cannot be completed by the end of the day following the surrender, the suspect shall promptly, at the latest the day after his entry into Germany, be brought before a judge of the next District Court. The judge of the District Court shall examine him regarding his personal circumstances, in particular, regarding his citizenship. He shall inform him that at each stage of the proceedings he may use legal assistance and that it is up to him whether or not to make statements regarding the criminal act he is accused of committing. He shall then question him whether and, if necessary, upon which grounds he seeks to raise objections to the arrest warrant for transit or to the permissibility of the transit; § 14 para. 5 and § 16 apply mutatis mutandis.
(6) § 12 para. 3, §§ 18, 23 para. 1, 2, and 5, and § 33 apply mutatis mutandis. §17 applies with the exception that instead of a two month deadline, a one month deadline shall apply. § 31 applies with the exception that legal assistance shall be ordered when:
1. because of the difficulty of the factual or legal situation the involvement of legal assistance seems advisable, or
2. it is obvious that the suspect is incapable of sufficiently protecting his rights.
(7) Objects that were taken in regard to the transit may be surrendered concurrently with the surrender of the suspect without a specific request.

Rome Statute

Article 89 Surrender of persons to the Court


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