On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Arab Republic of Egypt

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Decree of the President of the Republic of Kazakhstan dated November 24, 2022 No. 1082

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Extradition Treaty between the Republic of Kazakhstan and the Arab Republic of Egypt.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Asylov Berik Nogaiuly, to sign on behalf of the Republic of Kazakhstan an extradition Treaty between the Republic of Kazakhstan and the Arab Republic of Egypt, authorizing amendments and additions that are not of a fundamental nature.

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan dated November 24, 2022 No. 1082

Project

Agreement between the Republic of Kazakhstan and the Arab Republic of Egypt on extradition

The Republic of Kazakhstan and the Arab Republic of Egypt, hereinafter referred to as the "Contracting States",

Intending to develop and strengthen bilateral cooperation on extradition issues,

We have agreed on the following:

Article 1 Obligation of extradition

Each Contracting State undertakes, in accordance with the terms of this Treaty, to extradite any person located on its territory who is wanted for the purpose of criminal prosecution or the enforcement of an effective court sentence for extraditable offences.

Article 2 Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, in accordance with the national legislation of both Contracting States, are criminally punishable and for which a penalty of at least one (1) year's imprisonment or a more severe penalty is provided.

2. If the extradition request relates to a person who is wanted for the execution of a court sentence of imprisonment for any extraditable offence, that person may be extradited only if the unserved sentence is at least six (6) months.

3. In determining the criminality of an offence in accordance with paragraph 1 of this article, it does not matter whether, under the national legislation of the Contracting States, the act constituting the offence belongs to a similar category of offences or is designated by the same or a different terminology.

4. If the offence has been committed outside the territory of the requesting Contracting State, extradition shall be carried out on condition that the national legislation of the requested Contracting State provides for criminal prosecution for offences committed outside its territory under the same circumstances.

5. If the request for the extradition of a person relates to two or more offences, each of which is punishable under the national legislation of both Contracting States and provided that some of them do not contain the features provided for in paragraphs 1 and 2 of this Article, the requested Contracting State has the right to extradite the person for all offences.

Article 3 Binding grounds for refusal of extradition

The extradition must be refused if:

(a) The requested Contracting State considers that the offence for which it is being requested is a political offence;

(b) The requested Contracting State has reasonable grounds to believe that the extradition request has been sent for the commission of a common criminal offence for the purpose of criminalizing or punishing a person on the basis of race, religion, nationality, gender, social status, ethnicity, political beliefs, or that the situation of that person may be significantly worsened by such facts.;

(c) The person whose extradition is requested has already been convicted of the same offence in the territory of the requested Contracting State, or criminal proceedings against him have been suspended or charges against him have been dropped.;

(d) At the time of receipt of the request, criminal proceedings under the national law of the requested Contracting State cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for any other reason in accordance with the national law of the requested Contracting State. When calculating the limitation periods, the requested Contracting State must take into account any actions or circumstances related to the interruption or suspension of these periods that occurred in the territory of the requesting Contracting State.;

(e) The requested Contracting State considers that extradition may prejudice its sovereignty, national security, public order or other essential interests, or is contrary to its national legislation or international obligations.;

f) the crime is related exclusively to the violation of military duties.

Article 4facultative grounds for refusal of extradition

Extradition may be refused due to any of the following circumstances:

(a) If the requested Contracting State, taking into account the gravity of the offence and the interests of the requesting Contracting State, considers that the extradition of that person would be incompatible with considerations of humanity due to the age, state of health or other personal circumstances of the person sought. In these cases, instead of refusing to extradite the person, the requested Contracting State has the right to delay extradition until the reasons for believing that extradition will have grave consequences for the wanted person are eliminated. For this purpose, the requested Contracting State must consult with the requesting Contracting State before making a decision.;

(b) The offence in connection with which the extradition request is made has been committed outside the territory of the requested Contracting State but is directed against its interests;

Article 5The extradition of own citizens

1. Extradition of own citizens is not allowed.

2. If the extradition of its national is refused, the requested Contracting State, at the request of the requesting Contracting State, must subject that person to criminal prosecution or enforce, in accordance with its national legislation, the final sentence imposed by the requesting Contracting State. For this purpose, the requesting Contracting State, through the central authorities referred to in article 6 of this Treaty, shall provide the criminal case, court decisions, evidence and any other documents and information at its disposal.

3. The requested Contracting State shall promptly inform the requesting Contracting State of the actions taken on such request, of the further judicial proceedings in the case and of the final procedural decision taken.

4. If the person to be extradited acquired the nationality of the requested Contracting State prior to the transfer, the provisions of paragraph 2 of this article shall apply.

Article 6 Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly or through diplomatic channels.

2. The central authorities are:

for the Republic of Kazakhstan - the Prosecutor General's Office;

For the Arab Republic of Egypt, the Ministry of Justice is the Department of International and Cultural Cooperation.

3. Each Contracting State shall inform the other through diplomatic channels of any changes and additions regarding the central authorities.

Article 7 Request for extradition and attached documents

1. An extradition request must be made in writing and contain the following:

a) first and last name, date of birth, gender, nationality, information about the identity document and any other information that may contribute to the identification of the wanted person and his location, as well as, if available, identification data, photographs and fingerprints;

(b) Information on the circumstances of the crime for which extradition is requested, indicating the date and place of its commission;

(d) The text of the relevant law relating to the limitation of the time of criminal prosecution or execution of punishment for a crime, and information on its application in relation to the crime for which extradition is requested;

(e) The text of the relevant law providing for the jurisdiction of the requesting Contracting State for the offence for which extradition is requested, which was committed outside the territory of the requesting Contracting State.

2. In addition to the provisions of paragraph 1 of this article, an extradition request must be accompanied by:

a) copies certified by the competent authority of the requesting Contracting State of the act on the qualification of the criminal act of the suspect or the indictment and the court's decision/arrest warrant, if the request is related to criminal prosecution;

b) a copy of the final judgment of the court, certified by the competent authority of the requesting Contracting State, and a certificate of the parts of the sentence served and to be served, if the request is related to the execution of the sentence.

2. In addition to the provisions of paragraph 1 of this article, an extradition request must be accompanied by:

3. If a person has been convicted in absentia, extradition may be granted if the requesting Contracting State provides the requested Contracting State with guarantees that the person has the right to a retrial, guaranteeing the right to protection.

Article 8 Additional information

1. If the information accompanying the extradition request is insufficient for the requested Contracting State to make a decision on the extradition request in accordance with this Treaty, the requested Contracting State may request additional information. The requested additional information must be provided within sixty (60) days from the date of receipt of such request.

2. If the wanted person is under arrest and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person upon receipt of additional information in the future.

3. If a person is released from custody in accordance with paragraph 2 of this article, the requested Contracting State must inform the requesting Contracting State as soon as possible.

Article 9The permissibility of documents

1. Documents certified by central or authorized authorities must be acceptable in the extradition procedure for a wanted person without further certification, authentication, or legalization.

2. The request for extradition and the necessary documents must be drawn up in the language of the requesting Contracting State and translated into the language of the requested Contracting State or into English.

Responses to requests must be written in the language of the requested Contracting State and translated into the language of the requesting Contracting State or into English.

Article 10 Resolution on extradition request

1. The requested Contracting State shall decide on the extradition request in accordance with the provisions of this Treaty and its domestic law and shall promptly inform the requesting Contracting State of its decision.

2. If the requested Contracting State refuses extradition in whole or in part, it shall inform the requesting Contracting State accordingly, indicating the reasons.

3. In case of refusal of extradition on formal grounds, the requesting Contracting State may resubmit the extradition request after completing the necessary formalities. When sending such an extradition request, these formalities must be taken into account.

Article 11 Special rule

1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, conviction, or punishment or any other measure of restriction of liberty for any other crime committed prior to his extradition, except in the following cases:

(a) If the person has waived the guarantees provided for in paragraph 1 of this article;

b) if the crime is committed after extradition;

(c) If the extradited person has left the territory of the requesting Contracting State after extradition and returned voluntarily;

d) if the extradited person has not left the territory of the requesting Contracting State within thirty (30) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person has not left the territory of the requesting Contracting State for reasons beyond his control.;

(e) If the requested Contracting State has consented to this after the requesting Contracting State has sent the documents referred to in Article 7 of this Treaty.

2. Without the consent of the requested Contracting State, the requesting Contracting State may not extradite or transfer a person extradited in accordance with this Treaty to a third State for any crime committed prior to his extradition.

Article 12REST for the purpose of extradition

1. At the request of the requesting Contracting State, the wanted person may be arrested pending the receipt of an extradition request.

2. An arrest request may be sent directly between the central authorities. An arrest request can be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

The arrest request must contain:

a) a description of the wanted person, including identification data, as well as information about nationality;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

(e) A copy of the court's decision/arrest warrant or the existing court verdict against the wanted person; and

(f) Guarantees that the request for extradition of the wanted person will be submitted as soon as possible.

3. The requested Contracting State shall immediately inform the requesting Contracting State of the results of the examination of the request for arrest.

4. If, after forty (40) days from the date of the person's arrest, the central authority of the requested Contracting State has not received an extradition request, the arrested person shall be released. At the reasoned request of the requesting Contracting State, this period may be extended up to sixty (60) days. However, such release of a person should not prevent re-arrest for the purpose of extradition if the requested Contracting State subsequently receives an extradition request.

Article 13 Requests for extradition from several States

1. If the requested Contracting State receives requests for extradition against the same person from two or more States, including the requesting Contracting State, for the same or for different offences, the requested Contracting State decides which State to extradite that person to.

2. In making a decision in accordance with paragraph 1 of this Article, the requested Contracting State must take into account all relevant circumstances and, in particular,:

a) Whether requests have been sent on the basis of an Extradition Treaty;

(b) The place where the crimes were committed;

(d) The severity of the offences;

e) the nationality of the wanted person;

(f) The possibility of subsequent extradition between requesting States; and

(g) The chronological order in which requests are received from requesting States.

Article 14 Transfer of the extradited person

1. If the extradition request is granted, the Contracting States shall immediately agree on the date, place and any other relevant conditions of transfer related to the extradition of the person. Requested

The Contracting State shall inform the requesting Contracting State of the length of the period during which the wanted person was detained for the purpose of extradition, and this time shall be counted towards the total term of punishment.

2. The time period for the transfer of an extradited person is thirty (30) days from the date on which the requesting Contracting State received the decision on the extradition request.

3. If, during the period specified in paragraph 2 of this article, the requesting Contracting State does not accept the extradited person, the requested Contracting State shall immediately release that person from custody and shall have the right to reject a new extradition request against that person for the same offence, except in the case provided for in paragraph 4 of this article.

4. In circumstances beyond the control of the Contracting States that prevent the transfer or receipt of the extradited person, the central authorities of the Contracting States must agree on a new date and other necessary conditions for the transfer.

5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court sentence and returned to the territory of the requested Contracting State, that person may be re-extradited on the basis of a new extradition request. In this case, the documents listed in Article 7 of this Agreement are not required to be submitted to the request for extradition.

Article 15 Delay or temporary release

1. If a wanted person is being prosecuted or is serving a sentence for an offence other than that for which extradition is sought, the requested Contracting State may, after deciding on the extradition of the person, delay his transfer until the end of the judicial proceedings or until the full execution of its sentence. In the event of such a delay, the requested Contracting State shall immediately notify the requesting Contracting State.

2. If the postponement of extradition may significantly complicate the investigation of the case or lead to the expiration of the statute of limitations, the requested Contracting State may, at the request of the requesting Contracting State, temporarily extradite the wanted person on mutually agreed terms. A person who has been temporarily extradited must be detained during the period of his stay in the territory of the requesting Contracting State and be transferred back to the requested Contracting State within the agreed time limit. The time spent in custody of a person shall be counted towards the total period of execution of the sentence of the court of the requested Contracting State.

3. The transfer of an extradited person may also be postponed when, due to the state of health of the person, it may endanger his life or worsen his state of health. In this case, the requested Contracting State must provide the requesting Contracting State with a detailed medical report issued by its competent medical institution.

Article 16 Withdrawal and transfer of objects and documents

1. At the request of the requesting Contracting State, the requested Contracting State must, in accordance with its national legislation, seize, confiscate and transfer any items and documents found on its territory that have been obtained as a result of a crime or that may serve as evidence. In this case, the items and documents are transferred to the requesting Contracting State, if possible, during the transfer of the extradited person.

2. With the consent of the requested Contracting State, the items and documents referred to in paragraph 1 of this Article may be transferred at the request of the requesting Contracting State, even if it is impossible to extradite the person.

3. In order to conduct other criminal proceedings, the requested Contracting State may temporarily delay the transfer of the items and documents referred to in paragraph 1 of this Article or transfer them on the terms of return.

4. The transfer of seized or confiscated items and documents to the requesting Contracting State shall be carried out without violating the rights of the requested Contracting State or third parties. At the request of the requested Contracting State or a third party, the requesting Contracting State shall immediately and gratuitously return the received property, in proportion to the rights of these parties to such property, within one (1) month after the conclusion of the judicial proceedings, unless the Contracting States agree otherwise.

Article 17confidence

1. The requesting Contracting State may request the requested Contracting State to ensure the confidentiality of the request and its contents, if this does not conflict with the execution of the request. In the event that the requested Contracting State is unable to ensure confidentiality, it must immediately inform the requesting Contracting State whether the request can be executed without confidentiality.

2. The requested Contracting State may request the requesting Contracting State not to use any information or evidence obtained as a result of the execution of the request in other procedures, if they are not mentioned in the request, without the prior consent of the requested Contracting State.

Article 18Transit

1. The Contracting States, in accordance with their national legislation and without prejudice to their interests, have the right to allow transit through their territory of a person extradited to another Contracting State by a third State.

2. For this purpose, the requesting Contracting State shall send to the requested Contracting State, through a central authority or, in particularly urgent cases, through technical means of communication, a transit request containing the identification data of the person being transported, information about his nationality and a summary of the circumstances of the case. The transit request is accompanied by a copy of the document confirming the person's extradition.

3. The requested Contracting State must detain the person being transported within its territory.

4. A transit permit is not required if it is carried out by air and landing on the territory of the transit State is not provided. In the event of an unplanned landing on the territory of the transit State, the transit State shall immediately notify the transit State, and the transit State shall detain the person being transported for up to fifteen (15) days pending a transit request.

5. If no transit request is received within the time limits specified in paragraph 4 of this Article, the person may be released, unless otherwise agreed by the Contracting States.

Article 19 Expenses

1. The costs associated with the implementation of this Treaty shall be borne by the Contracting State in whose territory they arose, in accordance with its national legislation.

2. The costs of transit shall be borne by the requesting Contracting State.

3. The costs associated with the detention of a person during his transit shall be borne by the requested Contracting State.

Article 20 Informing about the results

The requesting Contracting State shall provide the requested Contracting State with information on the criminal prosecution, judicial proceedings or the enforcement of a court sentence against the extradited person, or information on the extradition of the extradited person to a third State.

Article 21The relationship of this Treaty with other international agreements

This Treaty does not affect the rights and obligations of the Contracting States arising from any international agreements to which they are parties.

Article 22 Dispute resolution

Any disagreement arising in the course of the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States or through diplomatic channels without recourse to a national or international court of justice or to a third party in order to resolve them.

Article 23 Final provisions

1. This Treaty is subject to ratification.

2. This Treaty shall be concluded for a period of five years and shall enter into force on the date of receipt of the last notification through diplomatic channels that the Contracting States have completed the internal procedures necessary for its entry into force.

This period will be automatically extended each time for subsequent five-year periods, until one of the Contracting States notifies the other Contracting State in writing through diplomatic channels of its intention to terminate this Treaty at least six (6) months before the expiration date of the current period.

3. This Treaty may be amended and supplemented by mutual agreement of the Contracting States, which are formalized by separate protocols that are its integral parts, which enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

4. This Treaty shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Contracting States of a written notification from the other Contracting State of its intention to terminate the Treaty.

5. In the event of termination of this Agreement, the extradition procedure initiated during its validity period remains in force until its full implementation.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Treaty.

COMMITTED in _______ "_____" __________ 20 _____ in two copies, each in Kazakh, Arabic and English, all texts being equally authentic. In case of discrepancies in the interpretation of the provisions of this Treaty, the Contracting States shall refer to the English text.

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For the Republic of Kazakhstan

For the Arab Republic of Egypt

President

Republic of Kazakhstan

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