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

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Decree of the President of the Republic of Kazakhstan dated October 31, 2025 No. 1071.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "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 Islamic Republic of Pakistan.

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 Islamic Republic of Pakistan, authorizing amendments and additions that are not of a fundamental nature.

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

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on October 31, 2025 No. 1071

Project plan

The Extradition Treaty between the Republic of Kazakhstan and the Islamic Republic of Pakistan

The Republic of Kazakhstan and the Islamic Republic of Pakistan, hereinafter referred to separately as the "Party" and collectively as the "Parties",

guided by the friendly relations that exist between the Parties,

deeply affected by the escalation of acts of international terrorism and organized crime,

Desiring to strengthen and strengthen cooperation between the Parties in the fight against crime,

Recognizing the principle of reciprocity, double criminality and the importance of joint efforts in the fight against crime,

about the following:

Article 1

Commitment

The Parties, in accordance with this Agreement and their legislation, undertake to extradite any wanted person to each other for criminal prosecution or for the enforcement of a court verdict that has entered into legal force for extraditable crimes.

Article 2

Central authorities

1. In order to implement this Agreement, the Parties shall determine their central authorities.:

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

For the Islamic Republic of Pakistan, it is the Ministry of Internal Affairs and Drug Control.

2. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Parties shall notify each other of these changes through diplomatic channels.

Article 3

Extraditable offences

1. An offence involving the extradition of a person is recognized as an offence that is criminally punishable in accordance with the legislation of the Parties and for which a penalty of imprisonment for a period of at least one (1) year or a more severe penalty is provided.

2. If the extradition request relates to a person sentenced to imprisonment by a court of the Requesting Party for an extraditable offence, extradition shall be carried out if the period to be extradited to the person sentenced to imprisonment is at least twelve (12) months or a more severe penalty.

3. For the purposes of this article, when determining whether a committed act is a crime in accordance with the legislation of the Parties, it does not matter whether the crimes fall under the same category of crimes under the legislation of the parties or whether the committed crime is called by the same or different terminology.

4. If the extradition of a person is prohibited for committing crimes related to violations of customs, tax, currency regulation, money laundering, the extradition of a person may not be refused due to the fact that the legislation of the Requested Party does not contain similar provisions, if the act or omission for which extradition is prohibited is a crime. on the territory of the prohibited party.

5. If the crime was committed by a citizen of the Requesting Party outside its territory, the extradition of the person is subject to the following conditions::

(i) The legislation of the Prohibited Party provides for punishment for crimes committed outside its territory under the same circumstances; and

ii) the extradition of a person prohibited in accordance with this Treaty meets the requirements of the legislation of the Prohibited Party. If the legislation of the Requested Party does not provide for this, the Requested Party has the right to refuse to extradite the person.

Article 4

Refusal to issue

1. The extradition of a person is not carried out in any of the following circumstances:

(a) If the prohibiting Party considers that the offence for which extradition is prohibited is a political offence. At the same time, the following crimes are not considered crimes of a political nature:

i) murder or other intentional crime against the person of the Head of State, the Head of Government or their family members;

(ii) Preparation, attempt, incitement to commit crimes, aiding or abetting the commission of crimes specified in subparagraph (i)of this subparagraph (a);

(b) If the Requested Party has reasonable grounds to believe that the extradition request has been made for the purpose of charging or punishing the wanted person for reasons of race, ethnicity, religion, gender, nationality or political motives, or that the person may be convicted for any reason;

(c) If the offence for which extradition of a person is prohibited is classified under the legislation of the Prohibited Party as a military offence, which is not a crime under the ordinary criminal law of the Prohibited Party.;

(d) If for an offence in connection with which extradition is prohibited:

i) the person has been acquitted, pardoned, or the criminal prosecution against him has been terminated in accordance with the legislation of the Prohibited Party;

(ii) The person has been convicted and/or served a sentence for the same offence in the Requested Party;

f) the person whose extradition is prohibited has been granted asylum by the Requested Party;

(f) At the time of receipt of the request for the extradition of the person, criminal prosecution under the law of the Requested Party cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other legitimate reasons. The actions or circumstances related to the establishment of the statute of limitations under the legislation of the Requesting Party must be taken into account by the Requested Party, in which case the Requesting Party must provide extracts from its legislation regarding the statute of limitations.

g) if the extradition of a person is contrary to the obligations under international treaties or the national legislation of the Prohibited Party.

2. In accordance with this Agreement, the extradition of a person may be refused in the following circumstances::

a) if the person whose extradition is prohibited is a national of the Prohibited Party;

(b) In the case where the offence for which extradition is requested is considered to be an offence falling under the jurisdiction of the Requested Party.

3. If the extradition of a person has been refused in accordance with sub-paragraphs (a) and (b) of paragraph 2 of this Article, the Requested Party, at the request of the Requesting Party, shall forward the materials of the criminal case to its competent authorities for the purpose of criminal prosecution of the wanted person or carry out the execution of the sentence entered into force imposed by the prohibiting party in accordance with by its own legislation.

Article 5

Postponement

1. In order to bring a person to criminal responsibility or serve a sentence for a crime for which extradition is not prohibited, the Prohibited Party shall henceforth delay the extradition of the person. In this case, the Requested Party must notify the Requesting Party.

2. In the event that a person is serving a sentence in the territory of the Requested Party for an offence other than that for which extradition is prohibited, the Requested Party may temporarily extradite that person to the Requesting Party in order to bring him to criminal responsibility for the offence for which extradition is requested. A person who has been temporarily extradited must be held in custody by the Requesting Party and must be returned to the Requested Party upon completion of criminal proceedings against that person in accordance with written agreements established by mutual agreement of the parties.

Article 6

Request for extradition and necessary documents

1. The central authorities shall send an extradition request and subsequent interaction in writing through diplomatic channels.

2. The request for extradition must contain the following information:

a) information identifying the identity and nationality of the wanted person, including, if possible, photographs, fingerprints, any other biometric identification information and, if known, information about the last location of the wanted person;

(b) A description of each crime for which extradition is prohibited;

(d) The text of the law defining each crime for which extradition is prohibited, including provisions on the statute of limitations on criminal liability and on the penalties that may be imposed.

3. The request for the extradition of a person shall be accompanied by certified copies of the arrest orders of this person and documents qualifying the acts of the person.

4. If a person has been convicted of committing a crime, the extradition request shall also be accompanied by:

a) a certified copy of the conviction that has not been carried out;

b) a certificate confirming the beginning of the entry into force of the sentence;

c) a certificate of the state of execution of the sentence.

Article 7

Additional information

1. If the Requested Party considers that the information contained in the extradition request is insufficient to make a decision in accordance with this Treaty, that Party has the right to request additional necessary information. The requested Party may set a time limit for the provision of such information and, if necessary, extend the time limit at the request of the Requesting Party for reasons of such extension.

2. If the person whose extradition is prohibited is under arrest, and the additional information provided under this Agreement is insufficient or has not been received within the agreed period of time, the person may be released from custody. However, such release should not prevent the person from being re-arrested and extradited if additional information is subsequently obtained.

3. If a person is released from custody in accordance with paragraph 2 of this article, the Prohibiting Party must immediately inform the Prohibiting Party about this.

Article 8

Language

1. Requests for extradition and the documents attached to them must be in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party or into English.

2. The responses to extradition requests and the documents attached to them must be in the language of the Requested Party and accompanied by a translation into the language of the Requesting Party or into English.

Article 9

Identification of documents

The documents and additional information provided by the Requesting Party in accordance with this Agreement do not require any legalization or authentication in the territory of the Requested Party if they are signed by a judge or other competent person and sealed with the official seal of the central authority of the requesting Party.

Article 10

Preliminary arrest

1. In urgent cases, the Requesting Party has the right to request from the Requested Party the arrest of the wanted person before submitting a request for the extradition of the person, if this is provided for by the legislation of the requested party.

2. A request for provisional arrest shall be made in writing and transmitted to the central authority of the Parties.

3. The request for provisional arrest must contain the following:

a) the first and last name, date of birth, gender, nationality, of the wanted person, including photographs and fingerprints, if any;

b) the last known location of the wanted person;

(d) A summary of the circumstances of the crime, the time and place of its commission;

e) a copy of the arrest warrant or the guilty verdict;

(f) Extracts from legislation defining crimes and a description of the punishment that may be or has been imposed for the commission of crimes; and

(g) A guarantee of the subsequent direction of the extradition request.

4. Upon receipt of such a request, the Requesting Party must, in accordance with its legislation, take the necessary measures to arrest the wanted person and immediately notify the Requesting Party of the results of the examination of the request.

5. The arrested person may be released if the Requesting Party has not provided the necessary documents specified in article 6 of this Treaty within forty (40) days from the date of the preliminary arrest.

6. The release of a person in accordance with paragraph 5 of this article should not prevent the consideration of a request for extradition of a wanted person, if the request for extradition is subsequently received.

Article 11

Competing requests

If the Requested Party receives requests against the same person from the Requesting Party and a third State for the same or for different crimes, the Requested Party independently determines which State the person should be extradited to.

Article 12

Decision on extradition and transfer of a person

1. After making a decision on the extradition request, the Requested Party informs the Requesting Party about it.

2. The Parties shall jointly determine and agree on the date and place of transfer of the extradited person in the territory of the Requested Party.

3. If the extradited person is not removed from the territory of the Prohibited Party within the time period agreed in accordance with paragraph 2 of this Article, the person shall be released from custody and subsequently the Prohibited Party may refuse extradition for the same crime.

4. If force majeure prevents one party from transferring the extradited person, that Party must notify the other party accordingly. In this case, the Parties shall agree on a new date and time for the transfer of the person in accordance with paragraph 2 of this article.

Article 13

Seizure and transfer of objects and documents

1. The prohibiting Party has the right, in accordance with its national legislation, to seize and transfer to the Prohibiting Party all items and documents that are material evidence or obtained as a result of criminal activity found in the possession of the wanted person, except those that the Prohibiting Party considers as harming their national interests. In this case, the items and documents are transferred to the Requesting Party, if possible, during the transfer of the extradited person.

2. The objects specified in paragraph 1 of this article may be transferred at the request of the Requesting Party, even if the extradition of the person did not take place due to the death, escape of the extradited person or other objective reasons.

3. If the transfer of the objects referred to in paragraph 1 of this Article infringes the interests of third parties, the Requested Party may transfer them upon receipt of confirmation from the Requesting Party that they will be returned to the Requested Party within the agreed time frame, unless otherwise agreed by the Parties. The requested Party may also postpone the transfer of such objects if they are required as evidence to the Requested Party.

4. Unless otherwise agreed, all costs for the transfer and return of the specified objects shall be borne by the Requesting Party.

Article 14

Special rule

1. Without the consent of the Requested Party, a person extradited in accordance with the provisions of this Treaty may not be prosecuted, convicted, punished or extradited to a third State for an offence committed prior to his extradition, except for those offences for which extradition is Permitted.

2. The consent of the Requested Party is not required in the following cases::

a) if the extradited person has not left the territory of the Locking Party within thirty (30) days after he had the opportunity to do so. This period does not include the time during which the person could not leave the territory of the Requesting Party for reasons independent of him.;

b) if the extradited person has returned to the territory of the Locking Party after leaving it.

Article 15

Transit

1. The parties, in accordance with their national legislation and without prejudice to their interests, have the right to allow transit through their territory of persons expelled by the other party to a third State.

2. To do this, the Requesting Party shall send to the Requested Party, through the central authority or, in urgent cases, through the channels of the International Criminal Police Organization (Interpol), 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 Party must detain the person being transported in 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 seventy-two (72) hours pending a transit request.

5. If the transit request is not received within the time limits specified in paragraph 4 of this Article, the person is subject to release, unless otherwise agreed by the Parties.

Article 16

Expenses

1. All costs incurred in connection with the extradition of a person to their territory, including internal transportation, shall be borne by the Parties independently, within the limits of the means provided for in accordance with the national legislation of the parties, unless a different procedure is agreed in each specific case.

2. The costs of international transportation of the extradited person and accompanying officials and the costs associated with transit shall be borne by the Requesting Party.

Article 17

Consultations

1. In order to implement this Agreement more effectively, the Parties shall consult on the application of this Agreement by mutual agreement.

2. The Parties have the right to create working groups that meet at a time and place convenient for the Parties to consult, resolve any disputes and disagreements between the parties, monitor and improve the implementation of this Agreement.

Article 18

Relations with other international treaties

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

Article 19

Changes and additions

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are integral parts of it and enter into force in accordance with paragraph 1 of Article 20 of this Agreement.

Article 20

Final provisions

1. This Treaty is subject to ratification, is concluded for an indefinite period and enters into force upon the expiration of thirty (30) days from the date of receipt by the Parties through diplomatic channels of the last written notification of its ratification.

2. This Treaty applies to requests for the extradition of a person submitted after the date of its entry into force, even if the crimes related to the request were committed before that date.

3. Either party has the right to terminate this Agreement by written notification to the other party sent through diplomatic channels. This Agreement is terminated one hundred eighty (180) days after the date of receipt of the notification.

4. In the event of termination of this Agreement, the extradition procedures initiated during its validity period shall remain in force until their full implementation, unless otherwise agreed by the Parties.

IN WITNESS whereof, duly authorized representatives of the Parties have signed this Agreement.

To clarify matters ____________________________ in two original copies, each in Kazakh and English, both texts being equally authentic.

In case of discrepancies between the texts, English will prevail.

For the Republic of Kazakhstan

For the Islamic Republic of Pakistan

President

Republic of Kazakhstan

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