Request for arrest and surrender


Greece - Adaptation of internal law to ICC Statute 2011 EN



Art. 20

1. Any request for surrender of a sought person to the ICC, done in English and officially
translated in Greek language, shall be directed to the Secretary of State for Justice, Transparency and Human Rights and consequently shall be forwarded to the Office of the Prosecutor of the Court of Appeals.

2. The request shall be supported, as a minimum, by the following documents:
(a) Data proving the identity of the accused, such as a thorough description of his/her physical characteristics, photograph or fingerprints or any other element of proof,
(b) A certified copy of the arrest warrant and a brief statement of the facts of the case and
(c) A certified copy of the indictment or of the judgment of the court pronouncing the guilt.

3. In cases of urgency, the above data may be transmitted via any medium leaving a written
or electronic trace. In such a case, the request shall be served according to the provisions of par. 1.

4. In case of competing requests for surrender to the ICC or to another court or to another
State requesting extradition or on the basis of a European arrest warrant, the provisions of art. 90 of the Statute of the ICC, which was ratified with Law. 3003/2002, shall apply.

Art. 21
Arrest of the requested person

1. The Prosecutor of Athens Appeals Court, upon reception of the request, shall order the arrest of the requested person, who must be brought before him/her without delay. The arrested person must be immediately informed about the existence and the content of the request, as well as for the right to legal representation by an attorney at law. In case that the arrested person lacks sufficient command of the Greek language, an interpreter shall be appointed. If the requested person has not appointed a legal representative, the Prosecutor is under the obligation to appoint one by his/her own initiative.

2. The arrested person shall have the right of recourse to the Judicial Council, in order to challenge his/her identification, in a time-limit of two working days after the arrest.

3. The Judicial Council of the Appeals Court (Chamber of 3 judges) shall sit in public in a period of 15 days after the arrest the latest and is under the obligation to decide finally and irrevocably in 10 days. The arrested shall be summoned before the Council at least 3 days before the date of the hearing.

Rome Statute

Article 59 Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

(a) The warrant applies to that person;

(b) The person has been arrested in accordance with the proper process; and

(c) The person's rights have been respected.

3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

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.