Transfer of witnesses in custody

A person who is being held in custody may be handed over temporarily to another country to appear as a witness or for identification purposes in connection with foreign criminal proceedings. The foreign state is obliged to keep these witnesses in custody and to return them once the agreed period has elapsed. Transfer may be refused if the prisoner does not give their consent or if the period in custody would be extended or Swiss criminal proceedings obstructed.

A person who is in custody can only give evidence as the defendant in foreign criminal proceedings within the framework of extradition proceedings.

If it is not possible or practicable for the person in custody to appear in a foreign state, their testimony may, if necessary, be heard by videoconference link.