'Release prior to surrender' in document 'Georgia - ICC Cooperation Law'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter IV
Request of the International Court


Article 17. Use of Georgian territory for transporting a person

3) In case of unscheduled landing, the person transported by transit shall be detained and
transferred to the preliminary detention center. The Responsible Agency immediately applies to the International Court for issuing a request for transit. If within 72 hours following the detention such request is not received, the detained person shall be released. Ifthe request is received later, the release person shall be detained anew and a permit for his transit will be issued.

Chapter V
Surrender of a person to the International Court


Article 23. Arrest of a person for the purpose of his surrender

1. On the motion of the Responsible Agency, the Prosecutor General of Georgia within 48 hours of the time of arrest of a person applies to the Criminal Chamber of the Supreme Court of Georgia with a request to order arrest of the person for the purpose of his surrender to the International Court. Within next 24 hours the Supreme Court of Georgia shall decide whether to issue such an order or not. If the supreme Court of Georgia is unable to reach the decision in time the arrested person shall be immediately released.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.