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.

2. The order of arrest shall contain:
(a) data on the prosecuted person and an act/omission he is accused of;
(b) an indication that the person’s surrender is requested by the International Court;
(c) an indication that the person is entitled to challenge the decision and exercise the right to defence.

3. If the Georgian Criminal Procedural legislation prohibits arrest of a prosecuted person, the Responsible Agency may, after consulting with the International Court, request the Prosecutor General of Georgia to apply a procedural measure other than arrest in relation to that person.

4. In ordering arrest it should be verified that the arrested person is the person whose arrest is sought in the International Court’s request. The arrested person shall be given notice of the grounds for surrender and a summary procedure of surrender. He shall be interrogated with regard to his personal data and shall be given explanation that he has the right to defense.

5. The person subject to surrender shall have the right to challenge the order before the Criminal Chamber of the Supreme Court of Georgia within 5 days of the receipt of a copy of the arrest order.

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.

Article 59
Arrest proceedings in the custodial State
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.