On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Islamic Republic of Iran

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Decree of the President of the Republic of Kazakhstan dated April 26, 2012 No. 309

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 DECREE:

1. Approve the attached project The Extradition Treaty between the Republic of Kazakhstan and the Islamic Republic of Iran.

2. Authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullayevich, to sign on behalf of the Republic of Kazakhstan an extradition Treaty between the Republic of Kazakhstan and the Islamic Republic of Iran, 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 N.Nazarbayev

APPROVED

By Presidential Decree

Of the Republic of Kazakhstan dated April 26, 2012 No. 309

Project

contract

between the Republic of Kazakhstan and the Islamic Republic of Iran on extradition

The Republic of Kazakhstan and the Islamic Republic of Iran, hereinafter referred to as the "Contracting Parties", wishing to ensure more effective cooperation in combating crime and to regulate relations between the two States in the field of extradition, have agreed as follows:

Article 1. Obligation of extradition

Each Contracting Party undertakes, in accordance with the provisions of this Treaty, to extradite to the other Contracting Party a person who is wanted for criminal prosecution and is located in the territory of the requested Contracting Party for criminal prosecution or execution in the territory of the Requesting Contracting Party for extraditable offences.

Article 2. Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, at the time of sending the request, are punishable in accordance with the national laws of both Contracting Parties and for which a penalty of at least 1 year's imprisonment or a heavier penalty is provided. 2. If the extradition request relates to a person who has been sentenced to imprisonment by a court of the requesting Contracting Party for any extraditable offence, extradition is possible only if the person has been sentenced to imprisonment for at least 6 months or a more severe sentence. 3. For the purposes of this article, when determining whether a committed act is a crime in accordance with the laws of both Contracting Parties: 1) it does not matter whether, under the laws of the Contracting Parties, the acts and crimes fall under the same category of crimes or the committed crime is called by the same terminology; and 2) the acts of the person whose extradition is requested are taken into account attention in general and it does not matter if, in accordance with the legislation of the Contracting Parties, the constituent elements of the crime differ. 4. If extradition is requested for crimes related to violations of customs and tax laws in the field of currency regulation, extradition may not be refused on the grounds that the legislation of the requested Contracting Party does not contain a similar tax or customs standard as the legislation of the requesting Contracting Party. 5. If the crime was committed outside the territory of the requesting Contracting Party, extradition must be granted if the legislation of the requested Contracting Party provides for the punishment of the crimes. committed outside its territory under the same circumstances. If the legislation of the requested Contracting Party does not provide for this, the requested Contracting Party may grant extradition. 6. If the extradition request relates to several crimes, each of which is punishable by the laws of both Contracting Parties, but some of them do not contain the features specified in paragraphs 1, 2 of this Article, extradition may be carried out.

Article 3. Refusal of extradition

Within the framework of this Agreement, extradition is not carried out in the following circumstances: 1. In the case when the wanted person is accused, convicted or acquitted in the territory of the requested Contracting Party for a crime in connection with which his extradition is required. 2. If it is impossible to carry out criminal prosecution due to the expiration of the statute of limitations under the legislation of the requested Contracting Party, if the same crime would have been committed in the territory of the requested Contracting Party. The actions or circumstances related to the suspension of the limitation period under the legislation of the requesting Contracting Party must be taken into account by the requested Contracting Party, in which case the requesting Contracting Party must provide written extracts from its legislation regarding the limitation period. 3. If the person whose extradition is required is a national of the requested Contracting Party. 4. In the case when the crime for which extradition is requested is being investigated under the legislation of the requested Contracting Party due to the fact that it was committed partially or in whole on its territory. 5. In special cases, the requested Contracting Party, taking into account the gravity of the crime and the interests of the requesting Contracting Party, may consider that, due to the personal circumstances of the wanted person, extradition would be incompatible with the principles of humanity. 6. In the case when the crime for which extradition is requested is a military crime, but is not considered a crime under ordinary criminal law. 7. In the event that the requested Contracting Party has reasonable grounds to believe that the extradition request is submitted for the purpose of charging or punishing the wanted person for racial, religious, sexual or political reasons, or that the person may be convicted for any of these reasons. 8. If the requested Contracting Party considers that extradition may harm sovereignty, national security, public order or standards of conduct, or is contrary to the Constitution, it may reject the request, stating the reasons for the refusal.

Article 4. Capital punishment

If, in accordance with the national legislation of the requesting Contracting Party, the person whose extradition is requested may be subject to the death penalty for the offence for which extradition is requested, and the national legislation of the requested Contracting Party does not provide for the death penalty for such an offence, extradition may be refused if the requesting Contracting Party does not provide sufficient evidence, in its opinion of the requested Contracting Party, assurances that, that the death penalty will not be applied to the extradited person.

Article 5. Criminal prosecution in case of refusal of extradition

If extradition is refused solely on the basis of the nationality of the person sought, the requested Contracting Party must, at the request of the requesting Contracting Party, subject the person to criminal prosecution. For this purpose, the requested Contracting Party may request the requesting Contracting Party to send the relevant documents.

Article 6. Postponement of extradition and temporary extradition

1. If the person whose extradition is requested has been prosecuted or is serving a sentence for another crime in the territory of the requested Contracting Party, extradition may be postponed until the end of the proceedings, serving of the sentence or release from punishment, which is notified to the requesting Contracting Party. 2. If the postponement of extradition may lead to the expiration of the statute of limitations for criminal prosecution or seriously complicate the investigation of a crime, the requested Contracting Party may, at the request of the requesting Contracting Party and in accordance with its legislation, temporarily extradite the person whose extradition is requested. 3. The temporarily extradited person must be returned to the requested Contracting Party immediately after the end of the proceedings or at the end of the mutually agreed period of temporary extradition. The requested Contracting Party may, upon request, extend the period of temporary extradition if there are sufficient grounds for such extension.

Article 7. Extradition procedure and necessary documents

1. The Contracting Parties shall communicate on extradition issues through their central authorities. The central bodies mentioned in paragraph 1 of this article include: for the Republic of Kazakhstan - the Prosecutor General's Office; for the Islamic Republic of Iran - the Judiciary. If the names of the central authorities are changed, the Contracting Parties shall immediately notify each other through diplomatic channels. For the purposes of this Treaty, the central authorities of the Contracting Parties may communicate directly or through diplomatic channels. 2. The extradition request must contain the following information: (a) information identifying the person and, if possible, establishing the nationality and location of the wanted person; (b) a description of the actual circumstances of the case; (c) the text of the law on the basis of which the act is recognized as a crime and the text of the law establishing the punishment for the crime; (d) the text of the law, related to the limitation of the time of criminal prosecution or execution of punishment for a crime; (e) Copies of orders of arrest or detention issued by a judge or other competent authorities of the requesting Contracting Party; (f) information confirming the identity of the wanted person to whom the order of arrest or detention relates; and (g) a statement of facts proving the existence of a crime and evidence indicating that the wanted person committed a crime, in connection with which the issue is requested. 3. In cases where the extradition request relates to a convicted person, the request must contain the following: a) a copy of the verdict handed down by the court of the requesting Contracting Party; b) information confirming the identity of the wanted person found guilty; c) a document confirming the entry into force of the verdict. 4. All documents must be certified and submitted by the requesting Contracting Party in accordance with the requirements of this Agreement, including a translation into the language of the requested Contracting Party or into English. 5. A document is considered certified for the purposes of this Agreement if it is signed or certified by a judge or other authorized person of the requesting Contracting Party and sealed with the official seal of the central authority of the requesting Contracting Party.

Article 8. Additional information

1. If the requested Contracting Party considers that the information provided in the extradition request is not sufficient in accordance with this Treaty to grant extradition, it may request additional information within a specified time period. 2. If the person whose extradition is requested is under arrest and the additional information provided is insufficient in accordance with this Agreement or has not been received within the agreed time period, the person may be released from custody. Such an exemption should not prevent the requesting Contracting Party from submitting a new extradition request. 3. If a person is released from custody in accordance with paragraph 2 of this Article, the requested Contracting Party must promptly notify the requesting Contracting Party.

Article 9. Extradition arrest

1. In urgent cases, a Contracting Party may request the extradition arrest of a wanted person before submitting an extradition request. An extradition arrest request may be transmitted through diplomatic channels or directly through the central authorities referred to in article 7 of this Treaty. 2. An extradition arrest request must be made in writing and must contain the following: a) identification data, a description of the wanted person, including information about his nationality; (b) If known, the location of the person being sought; (c) a summary of the circumstances of the case, the time and place of the crime; (d) the text of the law on the basis of which the act is recognized as a crime; (e) confirmation of the existence of orders for arrest or detention, or a court verdict that has entered into force; and (f) a guarantee that the request The extradition of the wanted person will be submitted. 3. Upon receipt of such a request, the requested Contracting Party must take the necessary measures to arrest the wanted person and immediately notify the requesting Contracting Party of the results. 4. The arrested person may be released if the requesting Contracting Party fails to provide the necessary documents specified in Article 7 of this Treaty within thirty days from the date of arrest, provided that such release does not interfere with the consideration of the extradition request for the wanted person, if the request is subsequently received.

Article 10. Simplified issuance

If the wanted person notifies the court or other competent authorities of the requested Contracting Party that he agrees to extradition, the requested Contracting Party must take all necessary measures to expedite the extradition procedure in accordance with its legislation.

Article 11. Re-issuance

If the extradited person returns to the territory of the other Contracting Party before his final release from responsibility in the territory of the requesting Contracting Party for the crime in connection with which he was extradited, he may be extradited again on the basis of a request from the requesting Contracting Party. In such cases, the provision of documents provided for in Article 7 of this Agreement is no longer required.

Article 12. Competing requests

1. If requests for the extradition of one person are received from two or more States, the requested Contracting Party must determine which State the person will be extradited to, notifying that State as well as the other requesting Contracting Party of its decision. 2. When determining the State to which a person is to be extradited, the requested Contracting Party must take into account all factors, including, but not limited to: (a) the nationality and place of residence of the person sought; (b) whether the requests were made in accordance with an international treaty.; (c) The time and place of the crime; (d) The interests of the requesting States; (e) The gravity of the crimes committed; (f) The nationality of the victim; (g) The possibility of further extradition between the requesting States; and (h) the dates of the requests.

Article 13. Face transfer

1. The requested Contracting Party is obliged, as soon as the decision on the extradition request is made, to inform the requesting Contracting Party about it. At the same time, the requesting Contracting Party must be notified of the reasons for the complete or partial refusal of the extradition request. 2. The requested Contracting Party must transfer the wanted person to the competent authorities of the requesting Contracting Party in the territory of the requested Contracting Party in a place acceptable to both Contracting Parties. 3. The requesting Contracting Party must remove the person from the territory of the requested Contracting Party within a period of time to be determined by the requested Contracting Party and, if the person is not removed within this period of time, the requested Contracting Party may release the person from custody and refuse extradition for this offence. 4. If exceptional circumstances prevent the requesting Contracting Party from removing the extradited person, the other Contracting Party shall be notified, in which case the conditions of paragraph 3 of this Article shall not apply. The Contracting Parties must mutually agree on a new date for the transfer of the person in accordance with this article.

Article 14. Transfer of ownership

1. If the extradition request is granted in accordance with the legislation of the requested Contracting Party and taking into account the rights of third parties, all property found in the territory of the requested Contracting Party that was acquired by the extradited person as a result of a crime or may be required as material evidence must be transferred upon request of the requesting Contracting Party. 2. The aforementioned property must be transferred to it at the request of the requesting Contracting Party, even if extradition cannot be granted due to the death, disappearance or escape of the wanted person. 3. If the property referred to in paragraph 1 of this Article is required for the investigation of a criminal case by the requested Contracting Party, it may temporarily postpone its transfer until the completion of the criminal proceedings. 4. If the legislation of the requested Contracting Party or the rights of third parties require it, any transferred property must be returned free of charge to the requested Contracting Party upon its request.

Article 15. Special rule

1. A person extradited under this Treaty may not be detained, charged, or convicted in the requesting Contracting Party, except for: (a) an offence for which extradition has been granted or for an offence with a different name based on the same facts for which extradition has been granted; (b) an offence committed after extradition (c) An offence for which the requested Contracting Party has consented to the detention, charge or conviction of the extradited person. 2. In order to implement paragraph 1 of this Article: (a) the requested Contracting Party may require the provision of documents and evidence specified in Article 7 of this Treaty; (b) for the purposes of this Treaty, the requested Contracting Party may, if necessary, request the presentation of evidence in accordance with the procedure provided for in Article 7 of this Treaty; (c) legal confirmation of the commission by the extradited person The crime must be submitted to the requested Contracting Party.; and d) The extradited person may be detained by the requesting Contracting Party for a reasonable period of time while the requested Contracting Party is considering the request. 3. A person extradited under this Treaty may not be extradited to a third State for an offence committed prior to his extradition without the consent of the requested Contracting Party. 4. Paragraphs 1 and 2 of this article shall not prevent the detention, charge and conviction of an extradited person, or the extradition of that person to a third State, if: (a) the person leaves the territory of the requesting Contracting Party after extradition and voluntarily returns there; or (b) the person does not leave the territory of the requesting Contracting Party within 45 days from the date on which the person has the opportunity to leave it freely.

Article 16. Notifications of results

The requesting Contracting Party is obliged to inform the requested Contracting Party in a timely manner about the results of the investigation of the criminal case or the enforcement of the sentence against the extradited person or about the transfer of the person to a third State.

Article 17. Transit

1. To the extent permitted by law, the transportation of a person extradited by a third State to one Contracting Party through the territory of the other Contracting Party must be authorized upon written request transmitted through diplomatic channels or directly through the central authorities of the Contracting Parties. The request must contain the data of the person to be transported in transit, including information about nationality, as well as a brief description of the circumstances of the case. 2. The central authorities of the Contracting Parties shall coordinate the route and other conditions of transit transportation. 3. A transit permit is not required if it is carried out by air without a temporary landing on the territory of the transit State. If an unplanned landing has taken place on the territory of one of the Contracting Parties, it may require sending a transit request provided for in paragraph 1 of this Article. The transit State detains the transported person and holds him in custody until the transportation is resumed, provided that the request is received within ninety-six hours after the unplanned landing.

Article 18. Expenses

1. The requested Contracting Party shall bear the costs of any procedures in its jurisdiction arising in connection with the extradition request. 2. The requested Contracting Party shall bear the costs incurred in its territory in connection with the detention and arrest of the person whose extradition is required, or the confiscation and transfer of property. 3. The requesting Contracting Party shall bear the costs of transporting a person from the territory of the requested Contracting Party, including transit costs.

Article 19. Consultations

1. At the request of either Contracting Party, the Parties may consult on the interpretation of this Treaty. 2. The competent authorities of both Contracting Parties may consult with each other directly in connection with the resolution of specific requests, as well as the promotion and improvement of this Treaty. 3. The Contracting Parties shall resolve disputes and disagreements that may arise during the implementation of the provisions of this Agreement through consultations and negotiations.

Article 20. Changes and additions

By mutual agreement of the Contracting Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement, which are formalized in separate protocols. Amendments and additions shall enter into force in accordance with paragraph 1 of Article 21 of this Treaty.

Article 21. Entry into force and termination of the Agreement

1. This Treaty is subject to ratification and shall enter into force on the date of receipt of the last written notification of its ratification by the Contracting Parties. 2. This Treaty applies to crimes committed both before and after the date of its entry into force. 3. Either Contracting Party may terminate this Treaty at any time by sending a written notification to the other Contracting Party through diplomatic channels. The Agreement shall terminate upon the expiration of 6 months from the date of receipt of such notification.

IN WITNESS WHEREOF, the plenipotentiaries of the Contracting Parties have signed this Treaty.

Committed in ________ "__" _________ 201 in two original copies, each in Kazakh, Persian and English, all texts being equally authentic. In case of disagreement in the interpretation of the text of this Treaty, the Contracting Parties shall refer to the English text.

For the Republic of Kazakhstan For the Islamic Republic of Iran

President

Republic of Kazakhstan

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