Règle correspondante
Georgia
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Georgia’s Law on International Cooperation in Criminal Matters (2010), taking into account amendments up to 2016, states:
Article 14 - Extradition of a person from a foreign state to Georgia
1. The Ministry of Justice of Georgia may, in accordance with this Law, request the relevant authority of a foreign state to extradite a person who is charged with a crime that carries imprisonment for a term of more than one year or who has been convicted of such crime.
2. In preparing a request for the extradition of a person from a foreign state to Georgia, account shall also be taken of the gravity of the crime, the level of risk posed to the public, the extent of the damage caused, the public interest in extraditing the person to Georgia and in his/her subsequent conviction and punishment, as well as other circumstances that make the extradition of a person to Georgia reasonable.
Article 16 - Effect of extradition procedures conducted in a foreign state on criminal proceedings in Georgia
2. A person extradited to Georgia may not be prosecuted for or convicted of any other crime committed by him/her before the extradition, other than the crime for which he/she has been extradited to Georgia.
3. Unless otherwise provided for by an international or individual agreement of Georgia, paragraph 2 shall not apply if:
a) the state that conducted the extradition of the person to Georgia consents;
b) the extradited person who had the opportunity to leave Georgia did not leave the country within 45 days of his/her final release or returned again to Georgia after leaving its territory. 
5. Unless otherwise provided for by an international or individual agreement of Georgia, paragraph 2 of this article shall not apply if, during proceedings following extradition, the legal classification (qualification) of the act committed by the person has changed, but the description and the essential elements of the crime have remained the same, and the new crime is subject to extradition.
Article 17 - Transfer of a person to a third state
1. A person extradited from a foreign state may not be transferred to a third state without the consent of the extraditing state.
2. For the purposes of this article, consent shall be requested by the Ministry of Justice of Georgia.
Article 18 - Crimes subject to extradition
1. Unless otherwise provided for by an international or individual agreement of Georgia, a person shall be extradited to a foreign state for such crimes that both under the legislation of Georgia and that of the foreign state concerned are punishable by at least imprisonment for one year or by a stricter punishment. In the case of a convicted person, it is necessary that the person be sentenced to at least four months of imprisonment.
2. Unless otherwise provided for by an international or individual agreement of Georgia, a person may also be extradited to a foreign state if a request for extradition concerns several crimes that are punishable both under the legislation of Georgia and that of the foreign state and where some of those crimes do not meet the requirements established under paragraph 1 of this article with respect to the measure of punishment, but are punishable by imprisonment or a fine in the form of a sanction.
3. Paragraph 2 of this article shall also apply in the case of the extradition of a person from a foreign state to Georgia.
Article 20 - Military crime
1. Unless otherwise provided for by an international or individual agreement of Georgia a person may not be extradited if the crime for which the extradition of the person is requested constitutes a military crime.
2. When defining a military crime, account shall be taken of Article 12(1)(e) of this Law [which states that legal assistance shall not be provided where a crime, in relation to which legal assistance is requested, constitutes a military offence that is not punishable under the criminal legislation of the requesting state, except where otherwise provided for in the international or individual agreements of Georgia or the conditions of reciprocity].
Article 22 - Capital punishment
Extradition may not be conducted if the crime for which the extradition of the person is requested is punishable by death under the legislation of the requesting state.
Article 23 - Default judgement
1. A person may not be extradited to a foreign state, if the court of the requesting state passed a default judgement against him/her and the person was not properly informed of the court hearing or the person accused of the crime was not provided with minimum defence rights.
2. In the case provided for by paragraph 1 of this article, a person may be extradited if the competent authorities of the requesting state provide assurances that the case will be reheard by the court and the extradited person will be granted defence rights.
Article 24 - Period of limitation
Extradition may not be conducted for a crime if under the Criminal Code of Georgia the period of limitation has expired, which releases the person from criminal liability or from serving the sentence.
Article 25 - Status, amnesty and pardon of a person subject to extradition
1. Extradition may not be conducted if a person subject to extradition has been granted asylum in Georgia or he/she is a person with international protection in Georgia except where extradition is requested by a third safe state.
2. Extradition may not be conducted if the crime for which a person’s extradition is requested is subject to amnesty under the legislation of Georgia and Georgia has jurisdiction with respect to such crime.
3. Extradition may not be conducted if an act of pardon has been issued with respect to the crime for which the transfer of the person is requested.
4. The prosecutor conducting extradition procedures shall explain to the person subject to extradition in writing in the language that he/she understands the rights to apply for international protection and the availability of asylum established by the legislation of Georgia.
Article 26 – Non bis in idem principle
A person may not be extradited if:
a) the Georgian court has delivered a judgement with respect to the crime for which the person’s extradition is requested; 
b) the relevant Georgian authorities have made a final decision on discontinuing the prosecution for the crime for which the person’s extradition is requested.
Article 27 - Proceedings with respect to the same crime
Extradition need not be conducted if the relevant Georgian authorities are conducting proceedings with respect to the same crime for which the person’s extradition is requested.
Article 28 – Locus delicti
Georgia may refuse to transfer a person to a foreign state if the crime for which the person’s extradition is requested has been fully or partially committed in the territory of Georgia.
Article 29 - Other circumstances excluding extradition
1. Extradition may not be conducted if there is a reasonable doubt that a person’s extradition is requested for the purpose of prosecuting or punishing him/her on account of his/her race, nationality, ethnic origin, religion or political opinions or other similar reasons.
2. Extradition may not be conducted if due to the person’s minority, health status or personality, taking into account the nature of the crime and interests of the requesting state, the extradition is deemed to be clearly inconsistent with the fundamental standards of humanity.
3. Extradition to the requesting state may not be conducted if there is a reasonable belief that the person will be subjected to torture, or cruel, inhuman or degrading treatment or to punishment involving torture, or cruel, inhuman or degrading treatment of the person.
4. Extradition may not be conducted if the person may be tried or a sentence may be passed against him/her by a special court or tribunal in the state requesting extradition.
41. Extradition may not be conducted if it contradicts the state sovereignty, safety or essential interests of Georgia.
5. Extradition may not be conducted if there are other hindering circumstances stipulated by an international or individual agreement entered into between Georgia and the foreign state concerned. 
Georgia, Law on International Cooperation in Criminal Matters, 2010, taking into account amendments up to 2016, Articles 14(1)–(2), 16(2)–(3), 16(5)–18, 20 and 22–29.
Georgia’s Criminal Code (1999), taking into account amendments up to 2017, states:
1. Citizens of Georgia and persons having a status of stateless person in Georgia may not be extradited to another state for the purpose of criminal prosecution or serving a sentence, unless otherwise provided for [by] a treaty to which Georgia is a party. …
2. Foreigners and stateless persons who have committed a crime and who are staying in Georgia may be extradited to another state … for the purpose of criminal prosecution or serving a sentence under an international treaty to which Georgia is a party.
3. It shall be inadmissible to surrender an asylum seeker who has committed a crime and who is persecuted because of his/her political beliefs, or a person who has committed an act that is not considered a crime under the legislation of Georgia, or if the crime committed is subject to [the] death penalty in the country seeking the surrender. The question of the criminal liability of such persons shall be decided under the international law. 
Georgia, Criminal Code, 1999, taking into account amendments up to 2017, Article 6.
In 2012, in its fourth periodic report to the Human Rights Committee, Georgia stated:
10. Georgia adopted the [L]aw on International Cooperation in Criminal Matters in 2010, which entered into force together with the new Criminal Procedure Code of Georgia on October 1, of the same year. The new Law covers international cooperation, including extradition. Accordingly, extradition procedures are generally carried out on the basis of bilateral or multilateral treaties binding for Georgia. However, in case of non-existence of [an] extradition treaty with a relevant state, the Ministry of Justice of Georgia is authorized to conclude an ad hoc agreement with the appropriate foreign authorities and thereby carry out extradition procedures (Article 2). Article 29 §1 of the Law on International Cooperation in Criminal Matters excludes extradition if the competent authorities of Georgia have substantial grounds to believe that the extradition of a person is requested for the purpose of prosecuting or punishing that person on account of his race, nationality, ethnic origin, religious belief, political opinion or other similar reasons. Therefore, in case of the circumstances referred to above, the competent Georgian authorities find extradition inadmissible.
11. In addition, the Parliament of Georgia adopted the Law on Refugees and Humanitarian Status in December 2011, which fully envisions the principle of non-refoulement. … Article 21 §3 [of that Law] states that it is inadmissible to expel or extradite from Georgia a person holding a refugee or humanitarian status to the country where there is a reasonable ground to believe that the person will be the victim of torture or other cruel, inhuman or degrading treatment. …
113. The Law of Georgia on International Cooperation in Criminal Matters represents an internal legislative act regulating issues concerning extradition. This law entered into force in October 2010 and is in full compliance with Georgia’s international agreements and international standards. According to the above-mentioned Law, the extradition of a person shall be granted with respect to those offences which are punishable under the laws of Georgia and the foreign State by deprivation of liberty for a period of at least one year or by a more severe penalty. Where a conviction has occurred, the punishment awarded must be for a period of at least four months (Article 18.1).
114. The Law of Georgia on International Cooperation in Criminal Matters sets out important safeguards with respect to extradition. Namely, extradition is not allowed if the offence for which extradition is requested is punishable by death penalty, if there exists reasonable suspicion that the extradition of the person is requested for the purpose of [making] him/her liable for or punishing him/her on the ground of his/her race, nationality, ethnic origin, religious or political views or due to other similar circumstances, if there exists reasonable suspicion that a person will be subjected to torture, cruel, inhuman, degrading treatment or punishment, if a crime in relation to which an extradition is requested is regarded as a political offence by Georgia, if the requesting State rendered the judgment in absentia of that person and if a person was not properly informed about court hearings or if an accused person was not provided with proper time for p[repar]ation and the minimum rights of defence. 
Georgia, Fourth periodic report to the Human Rights Committee, 1 November 2012, UN Doc. CCPR/GEO/4, submitted 25 June 2012, §§ 10–11 and 113–114.
Georgia’s Constitution (1995) provides: “The extradition of a citizen of Georgia to another State is prohibited, except in cases provided for by international agreements. A decision on extradition may be appealed in court.” 
Georgia, Constitution, 1995, Article 13(4).
Georgia’s Law on International Cooperation in Criminal Matters (2010), taking into account amendments up to 2016, states: “A Georgian citizen may not be extradited to a foreign state unless otherwise provided for by an international agreement of Georgia.” 
Georgia, Law on International Cooperation in Criminal Matters, 2010, taking into account amendments up to 2016, Article 21.
Georgia’s Criminal Code (1999), taking into account amendments up to 2017, states:
Citizens of Georgia and persons having a status of stateless person in Georgia may not be extradited to another state for the purpose of criminal prosecution or serving a sentence, unless otherwise provided for [by] a treaty to which Georgia is a party. 
Georgia, Criminal Code, 1999, taking into account amendments up to 2017, Article 6(1).
Georgia’s Law on International Cooperation in Criminal Matters (2010), taking into account amendments up to 2016, states:
1. Extradition may not be conducted if the crime for which the transfer of the person is requested is considered in Georgia as a political or related crime.
2. When defining a political crime, account shall be taken of Article 12(1)(c) of this Law.
3. Encroachment on the life of the head of state or his/her family, or any attempt thereof, shall not be considered as a political crime nor any other crime with respect to which Georgia has undertaken the obligation of extradition under international or individual agreements. 
Georgia, Law on International Cooperation in Criminal Matters, 2010, taking into account amendments up to 2016, Article 19.
The Law also states: “An offence shall not be deemed to be political if the purpose, motive, form, methods and other circumstances of the crime prevail over the political aspects of the crime”. 
Georgia, Law on International Cooperation in Criminal Matters, 2010, taking into account amendments up to 2016, Article 12(1)(c).
Georgia’s Law on Cooperation with the International Criminal Court (2003) states:
Article 31. Basic principle of cooperation.
1. Georgia shall cooperate with the International [Criminal] Court pursuant to Article 32 of this Law if it derives from the Court’s request and materials accompanying it that the act is within the jurisdiction of the Court.
Article 32. Forms of cooperation.
In accordance with this Chapter, cooperation with the International Court may include any procedural measure under the [1998 ICC] Statute and Georgian legislation that facilitates the investigation and prosecution of crimes within the jurisdiction of the International Court as well as the seizure of the proceeds of crime. Such measures may include:
(a) The identification and whereabouts of persons;
(b) The taking of evidence, including witness testimony under oath, and the production and service of evidence necessary to the Court, including expert opinions and reports;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judgments;
(e) The temporary transfer of arrested persons;
(f) The identification of location of places or objects;
(g) Searches, seizures, and confiscations;
(h) The provision of records and documents, including judicial (courtroom) records and documents;
(i) The protection of victims and witnesses and the preservation of evidence;
(j) The identification or seizure of proceeds, property and assets of material value and instrumentalities of crimes for the purpose of forfeiture;
(k) The facilitation of voluntary appearances before the Court by persons, witnesses and experts;
(l) The execution of exhumations, the examination of places and objects, including the uncovering and examination of graves;
(m) Any other type of assistance which is not prohibited by the legislation of Georgia and which will facilitate the investigation and prosecution of crimes within the jurisdiction of the International Court. 
Georgia, Law on Cooperation with the International Criminal Court, 2003, Articles 31(1) and 32.
The Law also states:
Article 5. Consultation with the International Court.
The Responsible Agency [Agency for Cooperation with the ICC within the Ministry of Justice] shall have the authority to consult with the International Court on matters related to the request as prescribed by the [1998 ICC] Statute. Consultation with the International Court shall be obligatory if the execution of the request:
a) contradicts fundamental legal principles of the State [of Georgia], as indicated in Article 93(3) of the Statute;
b) affects interests of national security;
c) jeopardizes the on-going investigation or prosecution of another criminal case;
d) violates domestic or diplomatic immunity.
Article 9. Form of a request from the International Court and conditions of its reception.
5. If the Responsible Agency considers that a request of the International Court is not acceptable or refuses to execute the request, it shall immediately inform the International Court that it considers the request unacceptable or that it refuses to execute the request, providing reasoning for either decision. Before a final refusal to execute the request, the Responsible Agency shall consult with the International Court.
Article 12. Protection of national security.
3. The Responsible Agency, on the motion of the National Security Council of Georgia, may refuse to execute the request of the International Court for cooperation if the cooperation sought may threaten national security. 
Georgia, Law on Cooperation with the International Criminal Court, 2003, Articles 5, 9(5) and 12(3).
Georgia’s Code of Criminal Procedure (1998), as amended in 2003, states:
Article 247 …
3. The questions of cooperation of Georgia with the ICC are regulated by the [1998 ICC Statute] and the [Law on Cooperation with the ICC (2003)] …
Article 252. Submitting Materials on Offences Committed on the Territory of Georgia by Foreign National or Stateless Persons.
If a foreign national or a stateless person who has committed an offence on the territory of Georgia has left the territory of Georgia, all the investigation material [gathered] in the initiated case shall be delivered to the Prosecutor-General of Georgia and/or to the national State agency responsible for matters concerning cooperation with the ICC in accordance with the legislation, who shall forward them … to the ICC for further criminal prosecution, or shall … [submit] a request for surrender of the accused to Georgian authorities. 
Georgia, Code of Criminal Procedure, 1998, as amended in 2003, Articles 247(3) and 252.
The Code also states: “For the purpose of international cooperation in legal matters … ‘[s]urrender’ means the handing over of a person by a State to the International Criminal Court, pursuant to its [1998 ICC] Statute.” 
Georgia, Code of Criminal Procedure, 1998, as amended in 2003, Article 46(a).
Georgia’s Law on International Cooperation in Criminal Matters (2010), taking into account amendments up to 2016, states:
Chapter III –[]Extradition
Article 32 - Competing requests
4. In the case of competing requests from the International Criminal Court and from a foreign state for the surrender of a person, priority shall be given to the request of the International Criminal Court. 
Georgia, Law on International Cooperation in Criminal Matters, 2010, taking into account amendments up to 2016, Article 32(4).
Georgia’s Criminal Code (1999), taking into account amendments up to 2017, states:
1. … Citizens of Georgia and persons having a status of stateless person in Georgia shall be surrendered to the International Criminal Court (ICC) in cases and in the manner prescribed by the [1998] Statute of the ICC (Rome Statute) and the [2003] Law of Georgia on the Cooperation of Georgia with the International Criminal Court.
2. Foreigners and stateless persons who have committed a crime and who are staying in Georgia may be … surrendered to the International Criminal Court for the purpose of criminal prosecution or serving a sentence under an international treaty to which Georgia is a party. 
Georgia, Criminal Code, 1999, taking into account amendments up to 2017, Article 6(1)–(2).