'Interim release pending surrender' in document 'Georgia - ICC Cooperation Law'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter V
Surrender of a person to the International Court


Article 24. Detention with a view to surrender

2. When reasonable grounds are present, the prosecuted person shall have the right to apply at any time to the Criminal Chamber of the Supreme Court for temporary release. Before making decision on the release of the person, the Responsible Agency shall immediately inform the International Court thereon.

3. If a person subject to surrender according to the International Court’s request is in a pre-trial detention or is serving his sentence in a penitentiary institution, he may not be released or taken out from Georgia without the prior consent of the Responsible Agency. The Responsible Agency’s consent shall also be necessary for mitigating such person’s conditions, paying visit or censoring his correspondence.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.