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Derechos | Equipo Nizkor
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Derechos | Equipo Nizkor
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14Aug03 (As amended up to 01May15)
Law of Georgia on Cooperation of Georgia with the International Criminal Court
LAW OF GEORGIA ON COOPERATION OF GEORGIA WITH THE INTERNATIONAL CRIMINAL COURT
Chapter I - General Provisions
Article 1- Scope of the Law
1. This Law regulates issues related to the cooperation of Georgia with the International Criminal Court ('International Court') established under the International Criminal Court Statute of 17 July 1998 - Rome Statute ('Statute'), determines the body authorised for the cooperation of Georgia with the International Court and the forms of judicial assistance in the course of cooperation with the International Court.
2. The terms in this Law are used within the meaning of the Statute.
Article 2 - Legal grounds for cooperation with the International Court
The grounds for cooperation of Georgia with the International Court are the Constitution of Georgia, the Statute, this Law and other legal acts of Georgia.
Chapter II - State body authorised for the cooperation of Georgia with the International Court
Article 3- State body authorised for the cooperation of Georgia with the International Court
1. The body authorised to cooperate with the International Court is the Ministry of Justice of Georgia ('the Authorised Body'), which ensures receipt of requests for cooperation with the International Court, implementation of measures necessary for the execution of requests, and, where necessary, coordination of activities of the relevant state bodies of Georgia for the execution of requests.
2. In cooperating with the International Court, the competent authority may:
a) receive requests from the International Court for cooperation;
b) make decisions on the permissibility of cooperation with the International Court, design procedures for cooperation, and, where necessary, make decisions on appealing the jurisdiction of the International Court;
c) make decisions on implementation of measures required for cooperation, in addition, determine which state body is directly authorised to execute the request;
d) provide the International Court with relevant information regarding the results of the execution of the request;
e) hold meetings with the International Court on the issues specified in the request in cases provided for by the Statute;
f) where necessary, take measures for appointing a counsel and/or providing other legal assistance in accordance with legislation;
g) make decisions on surrendering a person to the International Court;
h) transmit to the relevant state body a request from the International Court for prosecution in accordance with Article 70(4)(b) of the Statute;
i) make decisions with respect to a request of the International Court to receive a convicted person for enforcement of a sentence of imprisonment and for enforcement of the payment of monetary penalties imposed by the International Court and/or other expenses;
j) determine the form and necessary conditions for the execution of a request in order to ensure implementation of emergency measures indicated in the request;
k) transmit to the International Court the evidence and information collected by the relevant state bodies on behalf of Georgia if this allows the International Court to commence a prosecution;
l) require from the International Court compensation for expenses for the execution of a request from the International Court in cases provided for by the Statute;
m) exercise other powers granted under the Statute and this Law.
Article 4 - Obligations of state bodies to ensure the execution of requests from the International Court
The competent authority and the relevant state bodies that have receive a request from the International Court shall ensure its execution in accordance with the procedure and time limits established under the Statute and the legislation of Georgia.
Article 5 - Consultations with the International Court
The competent authority may hold consultations with the International Court regarding a request from the International Court in accordance with the procedure determined by the Statute. A consultation with the International Court shall be held if the execution of the request:
a) conflicts with the State's fundamental legal principles specified in Article 93(3) of the Statute;
b) concerns the national interests of the State;
c) endangers the ongoing investigation or prosecution of other cases;
d) concerns a person with a state or diplomatic immunity.
Law of Georgia No 3132 of 4 March 2015 - website, 23.3.2015
Chapter III - Jurisdiction of the International Court
Article 6 - Determination of jurisdiction and challenges to the admissibility of the case
1. The jurisdiction of the International Court extends to crimes committed in the territory of Georgia which, under the Statute, fall within the jurisdiction of the International Court. If the International Court considers that a criminal conduct falls within its jurisdiction, the competent authority may, in consultation with the prosecuting authorities determined by the Criminal Procedure Code of Georgia, receive a request from the International Court or, in accordance with Article 19 of this Statute, challenge the jurisdiction of the International Court.
2. If the competent authority does not challenge the jurisdiction of the International Court or considers that the jurisdiction of the International Court has priority, all case files shall be submitted to the International Court. The submission of case files to the International Court shall suspend the prosecution conducted by the relevant body.
3. The decision to challenge the jurisdiction of the International Court may not be appealed.
Article 7 - Submission of evidence and/or information to the International Court
The competent authority may send to the International Court the evidence and/or information that has been obtained by the Georgian prosecuting authority in the process of investigation if such evidence and/or information allows for the initiation of prosecution, or if such evidence and/or information would facilitate an ongoing investigation.
Article 8 - Referral of a situation to the International Court
1. The competent authority shall, under Article 14 of the Statute, make a decision to refer to the International Court a situation in which a crime within the jurisdiction of the International Court appears to have been committed, requesting the court to investigate the situation.
2. The competent authority shall, without undue delay, send the decision made under Article 14 of the Statute to the International Court.
Law of Georgia No 478 of 1 November 2008 - LGH I, No 30, 7.11.2008, Art. 195
Chapter IV - Requests from the International Court
Article 9 - Form of a request from the International Court and conditions for receiving such requests
1. A request from the International Court or directly from its bodies shall be submitted to the competent authority in writing.
2. The request and supporting documents shall be prepared in the Georgian language, or shall be accompanied by a duly certified Georgian translation.
3. A request for locating, arresting or for conducting any other urgent measure, which must be subsequently duly certified, may be made with the assistance of the International Criminal Police (INTERPOL) or by any other means provided for in the Statute.
4. If the competent authority considers that the form of the International Court's request does not conform to the established requirements and/or the competent authority cannot accept the request, it shall, in accordance with the Statute, immediately notify the International Court indicating the relevant reasons and shall hold consultations with the International court without undue delay.
5. If the competent authority considers that the International Court's request is inadmissible or refuses to execute the request, it shall immediately notify the International Court about the inadmissibility of the request or about the refusal to execute the request, indicating the relevant reasons. Before a final refusal to execute a request, the competent authority shall consult with the International Court.
Article 10 - Contents of a request from the International Court
1. The contents of a request from the International Court shall conform with the requirements necessary for the conduct of procedural measures laid down by the Statute.
2. A request shall include:
a) complete review of the case circumstances and their legal qualification;
b) detailed and complete information about the person against whom proceedings are pending, as well as detailed information about a person, place or location that must be found or identified in order to execute the request;
c) a concise statement of the purpose for the request, of the procedures to be carried out and the assistance sought.
3. If a request is inconsistent with the conditions specified in paragraphs 1 and 2 of this article, the competent authority may request the International Court and/or its bodies to remedy the deficiencies.
Article 11 - Examination and execution of requests
1. The competent authority shall examine a request and determine which state body is authorised to execute the request, and define actions permissible within the scope of cooperation.
2. If the immediate execution of a request would interfere with an ongoing investigation or prosecution in Georgia of a case different from that to which the request relates, the competent authority may, under Article 94 of the Statute, postpone execution of the request for a period of time agreed upon with the International Court. The postponement shall be no longer than the period of time required for the completion of the investigation under the Criminal Procedure Code of Georgia.
3. After the examination of a request is completed, the competent authority shall make a decision on cooperation and on the extent of such cooperation.
4. The competent authority and/or the authority executing the request shall notify the person authorised to file an appeal under this Law, who has his/her place of residence or business in Georgia, in writing of the decision on admission of the request..
Article 12 - Protection of national security
1. If the competent authority has serious grounds to believe that execution of the International Court's request for cooperation would prejudice the national security of Georgia, it shall so immediately notify the State Security and Crisis Management Council and shall cooperate with the International Court under Article 72 of the Statute.
2. In the case specified in paragraph 1 of this article, the State Security and Crisis Management Council may make a decision to suspend measures relating to execution of the request.
3. The competent authority may, at the request of the the State Security and Crisis Management Council, deny a request of the International Court for cooperation if execution of the request would prejudice the national security interests of Georgia.
Law of Georgia No 3132 of 4 March 2015 - website, 23.3.2015
Article 13 - Immunities
If a request of the International Court concerns the prosecution of a person who, under the legislation of Georgia, enjoys immunity, the competent authority shall notify the relevant state authority about the existence of the grounds for the conduct of criminal proceedings against such person, and shall assist in timely implementation of the measures envisaged under the Constitution and the legislation of Georgia with respect to immunities.
Article 14 - Enabling a person to inspect the case file
1. By decision of the competent authority, a person who the request concerns may inspect the case file.
2. The rights specified in paragraph 1 of this article may be restricted:
a) in the interests of the case to be heard at the International Court;
b) due to substantial legal grounds, if so required by the International Court;
c) due to the necessity to immediately implement the required measures;
d) to protect confidential information.
Article 15 - Requests submitted by Georgia
1. If there are facts of a crime falling within the jurisdiction of the International Court, the state prosecuting authorities may, through the competent authority, transmit a request to the International Court.
2. A request submitted on behalf of Georgia to the International Court shall be in conformity with the requirement of the Statute and this Law.
Article 16 - Procedure for paying the costs associated with the execution of requests from the International Court
1. The ordinary costs for execution of requests from the International Court shall be borne by the State, except for the following:
a) costs associated with the travel and security of witnesses, experts or specialists or the temporary transfer of a person in custody;
b) costs of translation, interpretation and transcription;
c) travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and/or staff of any organ of the International Court;
d) costs of any expert opinion or report requested by the Court;
e) costs associated with the transport of a person being surrendered to the International Court;
f) following consultation, any extraordinary costs that may result from the execution of the request of the International Court;
g) costs associated with the enforcement of a decision.
2. The costs specified in paragraph 1 of this article shall be borne by the International Court in accordance with the Statute.
3. The services rendered by the Georgian state authorities for the purpose of mutual assistance in the execution of a request of the international Criminal court shall be borne by the State.
4. The costs associated with the enforcement of a decision made by the competent authority on the detention of a person, also, where necessary, the costs associated with the security of a person held in custody, shall be paid from the state budget of Georgia.
Article 17 - Transportation of a person through the territory of Georgia
1. At the request of the Court, the competent authority shall authorise transit of detained persons through the territory of Georgia.
2. No authorisation is required if a person is transported by air through Georgian airspace without landing.
3. If an unscheduled landing occurs, the person being transported shall be detained and transferred to a temporary detention facility specified by the legislation of Georgia. The competent authority shall immediately apply to the International Court to receive a request for transit. If the request is not submitted within 72 hours of the detention, the detained person shall be released from custody. If the request is received with delay, the released person shall be arrested again and an authorisation shall be given for his/her transit.
4. An authorisation given for transit may not be appealed.
Article 18 - Competing requests
1. If Georgia concurrently receives a request for the surrender or extradition of a person from the International Court and any other State, the competent authority shall make a decision under Article 90 of the Statute.
2. If Georgia receives competing requests from the International Court and any other State for cooperation in matters other than surrender of a person, the competent authority shall make a decision under Article 93(9) of the Statute.
3. If, in the case of competing requests, the competent authority grants the request of any other State, it shall immediately notify the International Court.
Article 19 - Compensation of damage
1. The provisions of the legislation of Georgia concerning compensation for damage caused as a result of an unlawful arrest or any other unlawful actions, shall apply only if the actions in respect of a person prosecuted at the request of the International Court have been carried out in Georgia in accordance with this Law.
2. Compensation damage may be reduced or denied if the prosecuted person intentionally delayed the criminal proceedings or impeded the investigation and the detention was fully or partially caused through his/her fault.
3. Damage caused by an unlawful detention or other unlawful actions shall not be compensated by Georgia if, under the Statute, the compensation for the damage is made by the International Court or if the International Court makes a decision to deny compensation.
Chapter V - Surrender of a person to the International Court
Article 20 - Legal basis for surrender
1. A person shall be surrendered to the International Court if it is evident from the request or its supporting documents that the committed act is within the jurisdiction of the International Court
2. If the International Court is considering a challenge against the admissibility under Articles 17-19 of the Statute, the competent authority may defer execution of the request until the International Court makes a determination on the given issue.
3. If a Georgian citizen is surrendered to the International Court, the competent authority may request the International Court to return the person to Georgia after completion of the proceedings.
Article 21 - Content of a request and supporting documents
1. A request for the arrest and surrender of a person whose arrest and surrender is requested by the International Court shall contain:
a) information sufficient to identify the person and information as to the person's probable location;
b) a copy of the arrest warrant;
c) grounds for the arrest.
2. A request for the arrest or surrender of a person already convicted by the International Court shall, in addition, contain:
a) a copy of the judgement of conviction by the International Court;
b) a statement of any time already served and the time remaining to be served, if the person has been sentenced to imprisonment.
3. The request shall be accompanied by information on the essential circumstances of the case, which is sufficient for evaluating the factual circumstances of the case.
Article 22 - Request for the provisional arrest of a person sought and the preservation of evidence
1. A request for the arrest of, and search for, a person shall contain:
a) detailed information on the person sought and information as to the person's probable location;
b) a concise statement of the facts of the crime and the date and location of the crime;
c) a statement of the existence of a warrant for arrest or a judgement of conviction against the person sought;
d) a statement that, in the case of the arrest of the person sought, a request for surrender will follow.
2. If the request is granted, the competent authority shall, in accordance with the legislation, ensure the implementation of measures for the location, arrest and search of the person sought.
3. At the moment of the arrest, the items that may be used as evidence during the trial at the International Court shall be seized and preserved in accordance with the legislation of Georgia.
4. Information on the arrest and seizure shall be provided to the competent authority, which shall immediately notify the International Court and request the Court to transmit a request for surrender.
Law of Georgia No 478 of 1 November 2008 - LGH I, No 30, 7.11.2008, Art. 195
Article 23 - Arrest and surrender
1. The competent authority shall, within 48 hours after the arrest of a person, apply to the Criminal Cases Panel of the Tbilisi City Court for a warrant for arrest and surrender. The court shall, within the next 24 hours, make a decision on issuing a warrant of arrest and surrender of the person. If the court fails to make a decision within the specified period, the arrested person shall be released.
2. A warrant for arrest and surrender shall contain:
a) the details of the prosecuted person and the crime of which he/she is accused;
b) a statement that the surrender of the person is sought by the International Court;
c) a statement that a person has the right to appeal and a defence.
3. If under the Criminal Procedure Code of Georgia the prosecuted person cannot be detained, after consultations with the International Court, the competent authority may, instead of arrest, apply other restrictive measures envisaged by the legislation.
4. At the time of the arrest, the arrested person shall be identified as the one referred to in the request of the International Court The arrested person shall be informed of the grounds for his/her surrender to the International Court and of the simplified surrender procedure. The arrested person shall be examined as to his/her personal details and shall be informed of his/her right to a defence.
5. The person to be surrendered may, within 5 days after receiving the warrant for arrest and surrender appeal it to the Criminal Chamber of the Court of Appeals.
Law of Georgia No 1418 of 20 April 2005 - LHGI, No 19, 28.4.2005, Art. 141
Law of Georgia No 1737 of 23 June 2005 - LHGI, No 36, 11.7.2005, Art. 224
Law of Georgia No 478 of 1 November 2008 - LGH I, No 30, 7.11.2008, Art. 195
Article 24 - Custody for the purpose of surrender
1. Custody for the purpose of surrender shall last for the entire period of surrender proceedings.
2. In the case of reasonable grounds, the prosecuted person may, at any time, apply to the Criminal Chamber of the Supreme Court of Georgia for an interim release from custody. Before a decision is made on this issue, the competent authority shall immediately notify the International Court.
3. If a person sought for surrender by the International Court is in a prison facility, the person may neither be released from custody nor taken out of Georgia without the consent of the competent authority. The consent of the competent authority shall also be required for any mitigation of the conditions of imprisonment, for visits and for the monitoring of his/her correspondence.
Law of Georgia No 2706 of 9 March 2010 - LHG I, No 12, 24.3.10, Art. 72
Law of Georgia No 3555 of 1 May 2015 – web-site, 18.5.2015
Article 25 - Release from custody
1. A person held in custody under Article 92 of the Statute shall be released if the request of the International Court, along with supporting documents, are not submitted to the competent authorities within 60 days after the arrest.
2. If a prosecuted person is in detention, the time limit specified in paragraph 1 of this article shall commence from the moment when the person was taken into custody for the purpose of surrender.
3. The fact that a person has been released from custody under paragraph 1 of this article shall not prejudice the subsequent arrest and surrender of that person to the International Court if the request for surrender and the documents supporting the request are transmitted from the international Court at a later date.
4. Other provisions of the Criminal Procedure Code of Georgia shall also be applied in the case of a release of a person from custody unless they are inconsistent with the Statute.
Article 26 - Rights of a person to be surrendered
1. A request for surrender and accompanying documents shall be presented to the prosecuted person and his/her defence counsel in a language understandable to them.
2. The competent authority shall inform the person sought of the grounds for the surrender, of the simplified surrender procedure and his/her right to:
a) challenge the jurisdiction of the International Court over the act in question;
b) to be represented by a counsel of his/her choice to defend his/her interests or if he/she does not have counsel, to request from the competent authority in the prescribed manner the selection or appointment of counsel.
3. A person sought shall be examined as to his/her personal details and informed of the grounds for surrender. The person may present arguments against his/her arrest and surrender. A defence counsel may participate in the above actions.
Article 27 - Authorisation of surrender
1. A decision on the surrender of a person sought, as well as of the seized and duly preserved property and assets, shall be made by the competent authority.
2. If a person sought or the competent authority challenge the jurisdiction of the International Court, a decision on the surrender shall be deferred until the International Court makes a decision.
3. If a third person or a victim who is located in Georgia claims ownership rights to seized property or asset that may be used as evidence, such property or asset shall be transferred to the International Court on condition that it will return the property or asset free of charge after completion of the proceedings.
Article 28 - Execution of a request for surrender
1. A request for surrender shall be executed without undue delay. For this purpose, the competent authority shall make a relevant decision in consultation with the International Court.
2. The competent authority may, in consultation with the International Court, defer the surrender if the person sought is prosecuted for other acts or is in custody.
Article 29 - Temporary transfer of a person
In cases specified in Articles 27(2) and 28(2) of this Law, the competent authority may make a decision to temporarily transfer a person sought if, after the consultations with the International Court, the following issues are agreed upon:
a) the period of time for which the International Court seeks the transfer of the person;
b) that the person will remain in custody for the entire period of the transfer;
c) that the person will be returned at the request of the competent authority after the completion of the proceedings.
Article 30 - Principle of exclusivity
A person surrendered to the International Court shall may be prosecuted, detained or convicted by the International Court for any conduct that is within the jurisdiction of the International Court.
Chapter VI - Other Forms of Cooperation
Article 31 - Basic principle of cooperation
1. Cooperation with the International Court on issues provided for by the Statute and Article 32 of this Law shall take place if from the request and the supporting documents it appears that the act in question is within the jurisdiction of the International Court.
2. Where there is an admissibility challenge under consideration by the International Court pursuant to Article 17-19 of the Statute, the competent authority may postpone the execution of the request pending the determination by the International Court. In that case, provisional measures may be carried out by decision of the competent authority.
Article 32 - Forms of cooperation
In accordance with this Chapter, cooperation with the International Court shall include the implementation of any procedural action provided for in the Stature and the legislation of Georgia that facilitates the investigation and prosecution of crimes within the jurisdiction of the International Court, as well as the seizure of criminal property. Such procedural actions involve:
a) the identification and establishment of whereabouts of persons;
b) the taking of evidence, including witness testimony, and the production of evidence, including expert opinions and reports necessary for the International Court;
c) the questioning of any person being investigated or prosecuted by the International Court;
d) the service of documents, including judicial documents;
e) the temporary transfer of a person in custody;
f) the location of places and sites;
g) the execution of searches and seizures;
h) the provision of records and documents, including judicial documents;
i) the protection of witnesses and victims and the preservation of evidence;
j) the identification and seizure of proceeds and assets of a crime, and of instrumentalities of crimes for the purpose of eventual forfeiture;
k) the facilitation of the voluntary appearance of persons as witnesses or experts before the Court;
l) the examination of places and sites, including the exhumation, identification and examination of grave sites;
m) any other type of assistance that is not prohibited by the laws of Georgia and that facilitates the investigation and prosecution of crimes within the jurisdiction of the Court.
Article 33 - Provisional measures
1. At the request of the International Court, the competent authority may, for the purpose of protecting the legally protected interests and evidence at risk, make a decision on the application of provisional measures.
2. In urgent cases, the competent authority may, upon the receipt of the request, in the case of sufficient grounds, make a decision on the application of provisional measures. These measures shall be annulled if the International Court fails to submit a request within the time limit specified by the competent authority.
Article 34 - Application of procedural forms
A request of the International Court shall, normally, be executed in accordance with the procedural form prescribed by the legislation of Georgia. At the request of the International Court, a request may be executed in accordance with the procedural forms established by the international court.
Article 35 - Transfer of evidence to another State
1. The International Court may apply to the competent authority with a request to give consent to the transfer to another State of evidence submitted to the Court by Georgia.
2. The competent authority shall grant the request of the International Court in accordance with the provisions of this Law if the request concerns crimes within the jurisdiction of the International Court. Otherwise, the issue shall be resolved in accordance with the international agreements of Georgia on mutual legal assistance and the Criminal Procedure Code of Georgia.
Article 36 - Questioning of persons
1. In the case of questioning, a person charged with a crime within the jurisdiction of the International Court shall have the right:
a) to be informed before the questioning that he/she is charged with a crime within the jurisdiction of the International Court;
b) to remain silent;
c) be represented by counsel of his/her choice, and if he/she does not have one, to request the competent authority to select or appoint counsel;
d) to be questioned in the presence of counsel if the person voluntarily waives the right to counsel;
2. If a person is questioned in a language other than a language that the person understands and speaks, he/she shall have an interpreter. The accused shall also be provided with the translations of the necessary documents in a language that he/she fully understands and speaks.
3. An accused person may refuse to incriminate himself/herself or those relatives who are defined under the Criminal Procedure Code of Georgia and the Rules of Procedure and Evidence of the International Court, or by refusing to give testimony, under Article 72 of the Statute, if the person desires to prevent the disclosure of the information confided to him/her concerning the national security interests of the State. If a person uses this right, the competent authority shall decide on the permissibility of questioning the person in such case.
4. A person shall be informed of the rights specified in this article before questioning commences.
Law of Georgia No 3619 of 24 September 2010 – LHG I, No 51, 29.9.2010, Art. 332
Law of Georgia No 3132 of 4 March 2015 - website, 23.3.2015
Article 37 - Service of procedural documents
The International Court may deliver its decisions or other procedural documents to the recipient in Georgia through diplomatic channels or by postal service.
Article 38 - Summons to the International Court
1. A summons for witnesses, experts or specialists to the International Court shall be accompanied by the Rules of Procedure and Evidence, which shall be served on a person in a language understandable to him/her. The Court shall provide to a witness, expert or specialist summoned to the International Court an assurance that he/she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court with respect to any act that preceded the appearance of the person before the International Court.
2. A summoned person shall not be obliged to appear before the International Court if his/her travel expenses are not borne by the International court.
3. In the case of submission by the International Court of a request specified in this article, the International Court shall present to the competent authority a relevant document confirming that the travel expenses of witnesses, experts or specialist will be covered by the International Court.
Article 39 - Conduct of investigative actions in the territory of Georgia
1. The competent authority may, at the request of the International Court, allow a representative of the International Court to conduct investigative actions in the territory of Georgia.
2. In the case of allowing the representatives of the Court to conduct investigative actions in the territory of Georgia, the competent authority shall notify the state authority authorised to conduct the relevant prosecutorial measures.
Article 40 - Temporary transfer of a person in custody
1. A person held in custody in the territory of Georgia may, under Article 93 of the Statute, be temporarily transferred to the International Court for identification, questioning, confrontation or other investigative actions.
2. A person held in custody shall be transferred to the International Court temporarily if the International Court covers the travel expenses of the person transferred, keeps the person in custody and returns the person when the purposes of the transfer have been fulfilled.
Article 41 - Transfer of evidence
1. Any property, assets, documents, statements and/or other items that under the Statute and the Criminal Procedure Code of Georgia may be used as evidence shall be transferred to the International Court at the request of the Court.
2. If a third party or a victim who is located in Georgia demands the protection of their rights to the seized property or other evidence, it shall be transferred to the International Court only if the Court undertakes to return such property or evidence free of charge after completion of the proceedings.
3. The transfer may be postponed if the property or any other evidence is necessary for criminal proceedings ongoing in Georgia and the International Court, after consultations, agrees to the postponement.
Article 42 - Forfeiture of property and assets
1. Property and assets forfeited for securing evidence may be transferred to the International Court, upon its request, on condition that the property or assets will be forfeited, transferred to the Trust Fund specified in Article 79 of the Statute or the forfeiture will be compensated.
2. The following shall be considered as property and assets specified in this article:
a) an instrument of a crime, the object of the crime;
b) money, property and assets, as well as income or benefits obtained as a result of the crime;
c) a gift or other funds used and/or intended to be used for the commission of a crime and/or transferred for the commission of a crime.
3. Property and assets shall be seized before it is transferred to the International Court or before the competent authority notifies the International Court of the refusal to effect the transfer.
4. Property and assets shall not be transferred to the International Court if:
a) the victim lives in Georgia and the property or assets in question are to be returned to him/her;
b) a third party has a lawful right to this property or assets;
c) a person who did not participate in the crime proves that he/she has acquired the right to the property or asset in question in good faith in another country or in Georgia and the place of residence or stay of this person is in Georgia;
d) the property or assets are necessary for criminal proceedings ongoing in Georgia or are subject to forfeiture in the territory of Georgia.
5. If a person exercises the right specified in paragraph 4 of this article, then the transfer of the property or assets to the International Court shall be postponed until the legal status of the item to be transferred is established.
Chapter VII - Appeals
Article 43 - Appeal to a court
1. A decision made by the competent authority with respect to a request of the International Court may, after the completion of the procedures for the examination of the request, be appealed to the Criminal Chamber of the Court of Appeals by a person personally affected by the implemented measures or by a person who has legal grounds for the amendment or reversal of the decision.
2. If a person authorised to appeal files an appeal of such issue that, under the Statute, can be considered only by the International Court, the competent authority shall transmit the appeal to the International Court unless it has already made a decision.
3. An appeal against the completion of the examination of a request may be filed within 10 days after the completion of the request examination procedures.
4. The Criminal Chamber of the Court of Appeals shall make a decision on the appeal within 15 days after its receipt.
Law of Georgia No 1737 of 23 June 2005 – LHG I, No 36, 11.7.2005, Article 224
Article 44 - Postponement of the execution of a request from the International Court
1. An appeal shall result in the postponement of the execution of the request from the International Court.
2. In urgent cases specified in the Statute the competent authority may apply to the Supreme Court of Georgia with a request to annul the postponement.
3. If such appeal is not granted, the execution of the request from the International Court shall continue.
Chapter VIII - Enforcement of decisions of the International Court
Article 45 - Conditions for enforcing the decisions of the International Court
1. At the request of the International Court, a final decision of the International Court may be enforced in Georgia if the convicted person is a Georgian national and/or permanently resides in the territory of Georgia and/or owns property in the territory of Georgia.
2. Fines imposed by the International Court may be enforced in the territory of Georgia even if the convicted person's place of permanent residence is abroad, but that person owns property in Georgia.
3. A decision of the International Court shall be enforced in accordance with the Prison Code, the Law of Georgia on Enforcement Proceedings and the Law of Georgia on the Procedure for the Enforcement of Non-custodial Sentences and Probation.
Law of Georgia No 2706 of 9 March 2010 - LHG I, No 12, 24.3.2010, Art. 72
Article 46 - Enforcement of sentences of imprisonment
1. A sentence of imprisonment imposed by a decision of the International Court shall be enforced in the territory of Georgia after the competent authority consents to the enforcement of the request.
2. The competent authority shall, in agreement with the state authority authorised to enforce the sentence of imprisonment, make a decision on the request of the International Court to enforce the imprisonment in the territory of Georgia. The competent authority shall notify the International Court of the decision.
3. At the request of the International Court, the competent authority shall provide any information relating to the enforcement of the sentence of a person convicted by the International Court. The International Court may, at any time, send its representative to Georgia to check the conditions of the enforcement of the sentence, and to meet and speak with the convicted person. The communication between the International Court and a convicted person shall be confidential.
4. If a convicted person files a request for release on parole, pardon, appeal, or institution of criminal proceedings due to newly identified or newly discovered circumstances, the competent authority shall immediately present the request, along with other necessary documents, to the International Court. Only the International Court shall be authorised to reduce the term of the sentence or otherwise mitigate service of the sentence.
5. Other issues relating to the enforcement of a sentence shall be resolved in accordance with the legislation of Georgia.
Article 47 - Enforcement of a decision to forfeit property or assets
A decision of the International Court to forfeit property or assets shall be enforced in accordance with this Law and the Criminal Procedure Code of Georgia if the International Court has, under the Statute, made a decision to forfeit the property or assets and requested Georgia to implement the enforcement measures.
Article 48 - Enforcement costs
Travel expenses associated with enforcement, as well as expenses specified in Articles 100 and 103(4) of the Statute, shall be borne by the International Court. Georgia shall cover other expenses associated with enforcement of a sentence if the enforcement takes place in Georgia.
Chapter IX - Transitional and Final Provisions
Article 49 - Measures to be implemented for the entry into force of this Law
1. Within 30 days after the entry into force of this Law, the Ministry of Justice of Georgia shall ensure the implementation of the organisational and legal measures required for cooperation with the International Court.
2. The Ministry of Finance of Georgia shall incorporate in the State Budget of 2004 the expenses necessary for the exercise of powers by the Ministry of Justice of Georgia and for cooperation of Georgia with the International Court.
Article 50 - Entry into force of the Law
1. This Law, except for Article 49, shall enter into force upon the entry into force of the Statute for Georgia.
2. Article 49 of this Law shall enter into force upon promulgation.
President of
Georgia E. ShevardnadzeTbilisi
14 August 2003
N2972-
[Source: Legislative Herald of Georgia (LHG), 26, 20 August 2003.]
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