PART II

INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation Relating to Offences Against Administration of Justice

23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—

(c) transit, in the manner provided in sections 136 to 138 and 150 to 156 and those sections apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Person in Transit

136.
(3) Before the transferee is transported through Trinidad and Tobago under subsection (2), the ICC must first transmit a request in accordance with article 87 of the Statute that contains the following information and documents:
(a) a description of the transferee;
(b) in the case of a person described in subsection (1)(a) —
(i) a brief statement of the facts of the case and their legal characterization; and
(ii) a copy of the warrant for arrest and surrender; and
(c) in a case of a person described in subsection (1)(b), such information as the Attorney General may request about the reasons for the temporary transfer.

(4) Notwithstanding subsection (3), the Attorney General shall not refuse a request for transit unless he considers that transit through Trinidad and Tobago would impede or delay the surrender or transfer of the transferee.

Article 89
Surrender of persons to the Court
3. (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.