PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION
II. JUDICIAL COOPERATION
Art. 22
Decision for surrender to the ICC
1. The Judicial Council of the Appeals Court, after examining the arrested, in cases he
preferred to present him/herself before it and after hearing the Prosecutor and the accused or his legal representative, shall decide by a reasoned judgment upon the following issues of the request:
(a) Whether the warrant applies to that person,
(b) Whether the person has been arrested in conformity with the lawful procedure (bene detentus)
(c) Whether the rights of the person have been respected, especially the right to an attorney and interpreter (in case that the arrested person lacks sufficient command of the Greek language),
(d) Whether the crime attributed to the arrested person or, in case of the existence of a verdict of guilt, the crime for which this verdict was issued, are included in the list of crimes for which the surrender is allowed, according to the provisions of the present law.
2. The Judicial Council of the Appeals Court may order the conduct of supplementary
investigations concerning the elucidation of the data of par. 1, deferring the final decision for 15 days the utmost.
3. The final decision of the Judicial Council of the Appeals Court may be appealed by the
person whose surrender is sought and by the Prosecutor before the Supreme Criminal Court (Areios Pagos)in a deadline of 3 days after the publication of the decision. A report of the appeal shall be drawn up by the Registrar of the Appeals Court.
4. The Supreme Court shall decide in camera within ten days. Art. 448 and 450 of the C.C.P. shall apply by analogy.
5. The person whose surrender is sought, shall be summoned by the General Attorney of the Supreme Court in person or through his appointed representative, at least 3 days before the hearing.
6. The Judicial Council of the Appeals Court may, at any stage of the proceedings, order the interim release of the arrested according to the stipulations of art. 59 paras 3-6 of ICC Statute , ratified by Law 3003/2002. The provision of art. 449 par. 2 of C.C.P. shall apply analogously. In case of appeal, the Judicial Council of the Supreme Court shall be competent for adjudication.
Art. 23 Surrender to the ICC
1. The decision for surrender issued by the competent Judicial Council shall be executed
within a period of one month after its public announcement. In such a case, the Prosecutor of the Appeals Court shall submit the decision, accompanied by the relevant record, to the Secretary of State for Justice, Transparency and Human Rights, who takes care of its execution.
2. In the case that an irrevocable decision concerning the request for surrender is not
published within 3 months from the date of arrest, the arrested person shall be released.
PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION
II. JUDICIAL COOPERATION
Art. 27
Transportation of a person under surrender through Greek territory
The Secretary of State for Justice, Transparency and Human Rights shall authorize transportation through the national territory of a person being surrendered to the Court by another State, provided that the conditions of art. 89 par. 3 of ICC Statute are fulfilled .
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.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.