'Transportation and transit through State territory for surrender' in document 'Estonia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 2
Procedure for Extradition of Persons to Foreign States

§ 456. Permission for transit of extradited person

(1) Permission for the transit of persons extradited by third states through the territory of the Republic of Estonia shall be granted by the Minister of Justice.

(2) A request for transit shall meet the requirements of § 442 of this Code.

(3) Permission for transit shall not be granted if :

1) the act for which the person is extradited is not punishable pursuant to the Estonian Penal Code ;
2) Estonia considers the act which is the basis for extradition to be a political offence or a military offence ;
3) death penalty may be imposed on the extradited person in the requesting state and the state has not given assurance that death penalty will not be imposed or carried out.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

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.