On the signing of the Agreement between the Republic of Kazakhstan and the State of Qatar on the transfer of convicted persons

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Decree of the President of the Republic of Kazakhstan dated April 16, 2025 No. 842.

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 Agreement between the Republic of Kazakhstan and the State of Qatar on the transfer of convicted persons.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Asylov Berik Nogaiuly, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the State of Qatar on the transfer of convicted persons, 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 on April 16, 2025 No. 842

Project

Agreement between the Republic of Kazakhstan and the State of Qatar on the transfer of convicted persons

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

based on the well-established friendship between the two Sides,

Desiring to promote the integration into society of persons sentenced to imprisonment who are citizens of one of the Parties by providing them with the opportunity to serve their sentences in their respective States in accordance with the laws of the Parties and in compliance with international law, in particular the principles of mutual respect for sovereignty and non-interference in the internal affairs of the Parties,

agreed on the following:

Article 1

Definitions

For the purposes of this Agreement:

(a) "Convicted person" means any person against whom a final and enforceable judgment has been rendered, imposing a custodial sentence in the territory of the Sentencing State;

(b) "Sentence" means any final and enforceable court decision providing for imprisonment for the commission of a crime;

(c) "Sentencing State" in this Agreement means the Party in which the sentence was passed and from which the person was transferred or may be transferred to serve a sentence of imprisonment or imprisonment in accordance with the national legislation of the Parties.;

(d) For the purposes of this Agreement, "State of enforcement" means a Party to whose territory a convicted person may be transferred or has already been transferred to serve his sentence or the remainder of his term.

Article 2

Obligation to transfer convicted persons

1. The Parties undertake to carry out maximum cooperation in the field of transfer of convicted persons in accordance with the provisions of this Agreement and their national legislation.

2. A person convicted on the territory of one Party may be transferred to the territory of the other Party for the execution of the sentence. For this purpose, the convicted person or his legal representative may express the convicted person's desire to be transferred in accordance with this Agreement.

Article 3

Central authorities

1. For the purposes of this Agreement:

a) The central authority for the Republic of Kazakhstan is the Prosecutor General's Office.

(b) The central authority for the State of Qatar is the Public Prosecutor's Office.

2. For the purposes of this Agreement, the central authorities shall cooperate with each other through diplomatic channels. In case of emergency, the central authorities may send requests by e-mail. The original request must be officially sent through diplomatic channels at the same time.

3. Each Party must notify the other Party of any changes regarding its central authority within thirty (30) days through diplomatic channels.

Article 4

Transfer conditions

A convicted person may be transferred in accordance with this Agreement, subject to the following conditions:

a) the convicted person is a national of the State of Execution of the sentence;

(b) The sentence is final and enforceable;

c) at the time of receipt of the transfer request, the remaining term of serving a custodial sentence is at least six (6) months. In exceptional cases, the transfer may be carried out even if the term of punishment to be served by the convicted person is less than that specified in this paragraph.;

(d) The acts for which the person has been convicted constitute a crime in accordance with the national legislation of both Parties.;

e) there is a written consent of the convicted person or his legal representative when, due to age, physical or mental condition, the person is unable to express his consent independently.;

f) both Parties agree to the requested transfer.

Article 5

Conditions for refusal of transfer

1. The requested transfer may be refused if:

a) either Party believes that the transfer may harm its sovereignty, security, public order, or other essential interests, or contradict its international obligations and national legislation;

(b) The punishment under the national law of the State of enforcement differs significantly from the punishment imposed in the Sentencing State;

c) the convicted person has not compensated for the damage caused by the crime or has not paid the expenses that he is obliged to reimburse in accordance with the court verdict;

(d) In the State of enforcement, criminal proceedings are being conducted against a person for the same offence or a court verdict has been rendered that has entered into legal force.

2. In case of refusal of transfer, such a decision must be motivated.

Article 6

Notification of the convicted person

1. Each Party shall notify convicted persons who are citizens of the other Party on its territory that they may be transferred in accordance with the provisions of this Agreement.

2. If the convicted person or his legal representative sends a request to any Party regarding the transfer in accordance with this Agreement, the Party that received such a request from the convicted person must notify the other Party in writing as soon as possible.

3. Each Party must notify persons convicted in its territory in writing of the decisions taken on the transfer request.

Article 7

Required documents

1. In the event of a request from one Party for transfer, and if it is not refused by the other Party, the Sentencing State shall provide the following documents or information to the State of Enforcement:

a) a certified copy of the judgment that has entered into force, including the relevant provisions of the legislation on which it is based;

b) information indicating the type and duration of the punishment, as well as the date of its calculation;

(c) Information on the terms of the parts of the sentence served and to be served, including the terms of pre-trial detention, information on the amendment of the sentence and other information relevant to the execution of the sentence;

(d) Written consent to the transfer, as provided for in subparagraph (e) of Article 4 of this Agreement;

(e) Information on the convicted person's state of health, his treatment in the Sentencing State, and any recommendations for his further treatment in the State of Enforcement;

f) information describing the behavior of the person during the serving of the sentence.

2. The State of execution of the sentence shall provide the sentencing State with the following documents:

a) documents confirming that the convicted person is his citizen;

(b) An extract from the relevant provisions of the law, which provides that the act or omission for which the sentence was imposed in the sentencing State constitutes an offence under the law of the Executing State;

(c) Information on the procedure for the execution of a sentence imposed by the Sentencing State, according to the national legislation of the State of enforcement.

3. If necessary, the central authorities of the Parties may request additional documents or information before submitting a transfer request or deciding on consent to such transfer.

Article 8

Consent and confirmation

1. The sentencing State must ensure that the convicted person or his legal representative voluntarily consents to the transfer with full awareness of its legal consequences and confirms this in a statement of consent to the transfer.

2. The sentencing State, at the request of the Executing State, must provide the Executing State, through an authorized person, with an opportunity to verify that the convicted person has expressed his consent to transfer in accordance with the requirements of paragraph 1 of this article.

Article 9

Transfer of a convicted person

If agreement is reached on the transfer, the Parties must determine the time, place and procedure for the transfer through consultations.

Article 10

Execution of the sentence

1. The State of execution of the sentence is obliged to observe the nature and duration of the punishment established by the Sentencing State.

2. If the sentence imposed by the Sentencing State is, by its nature or duration, incompatible with the law of the State of enforcement, or if required by its law, the State of Enforcement shall, by judicial decision, adapt the sentence to the extent possible with the punishment or measure provided for in its law for a similar offence.

3. By its nature and duration, a punishment brought into line with the legislation of the Executing State should not worsen the punishment imposed by the Sentencing State and should not be limited to the minimum term of punishment applicable to a similar crime under the national legislation of the Executing State. In such a case, the State of Enforcement of the sentence shall forward the judgment to the Sentencing State.

Article 11

Special rule

A convicted person may not be criminally liable or convicted in the State of Execution of the sentence for the same crime for which he was convicted in the Sentencing State.

Article 12

Amnesty, pardon and commutation of punishment

1. An amnesty may be applied to a convicted person both by the Sentencing State and by the State of Execution of the sentence.

2. A pardon may be applied to a convicted person by the Sentencing State.

3. The State of enforcement of the sentence may pardon or commute the sentence in accordance with its national legislation with the consent of the Sentencing State.

4. Only the Sentencing State has the right to review its judicial decision.

Article 13

Termination and change of sentence

The executing State is obliged to terminate or modify the execution of the sentence as soon as it is informed by the Sentencing State of any decision resulting in the termination or modification of the sentence.

Article 14

Informing about the execution of the sentence

The executing State must inform the Sentencing State of the execution of the sentence in the following cases::

a) if the execution of the sentence is completed;

b) if the convicted person absconded from custody or died before the end of the term of his sentence;

Article 15

Transit

1. The Parties, in accordance with their national legislation and without prejudice to their interests, have the right to allow the transit through their territory of convicted persons transferred to the other Party by 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 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 transfer of the convicted person.

3. The requested Party 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 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. The Parties shall bear the costs related to the execution of this Agreement in accordance with their legislation and this Agreement.

2. The State of execution of the sentence shall bear all expenses related to the transfer of the convicted person, with the exception of expenses on the territory of the Sentencing State.

3. The costs associated with transit transportation shall be borne by the Party requesting permission for transit transportation.

4. If the execution of requests requires unforeseen expenses, the central authorities of the Parties shall consult on the procedure for their coverage.

Article 17

Language

1. Requests for transfer and the documents attached thereto shall be drawn up in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party or into English.

2. Responses to requests and the documents attached to them shall be drawn up in the language of the Requested Party and accompanied by a translation into the language of the Requesting Party or into English.

Article 18

Validity of documents

For the purposes of this Agreement, any documents sent by the central authority of one Party, signed and stamped, must be used on the territory of the other Party without legalization.

Article 19

Scope of application

The provisions of this Agreement shall apply to requests concerning sentences imposed before and after its entry into force.

Article 20

Relationship with other international agreements

This Agreement does not affect the rights and obligations of the Parties provided for in other international agreements to which either Party is a Party.

Article 21

Dispute resolution

Any disputes that may arise between the Parties regarding the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the central authorities of the Parties or through diplomatic channels.

Article 22

Amendments

By written consent between the Parties, the provisions of this Agreement may be amended, which shall enter into force in accordance with the procedures provided for in Article 23 of this Agreement and shall be considered an integral part thereof after their entry into force.

Article 23

Entry into force, duration and termination

1. This Agreement shall enter into force thirty (30) days after the date of receipt of the last written notification in which either Party notifies the other Party through diplomatic channels of the completion of its internal procedures necessary for the entry into force of this Agreement.

2. The term of this Agreement is five (5) years and is automatically extended for another similar period or periods, unless either Party notifies the other Party in writing through diplomatic channels of its intention to terminate it at least six (6) months before the date of its termination.

3. The termination of this Agreement does not affect the execution of requests sent or received prior to the date of its termination, unless the Parties have agreed otherwise in writing.

IN WITNESS WHEREOF, the undersigned, duly authorized by their respective States, have signed this Agreement.

This Agreement was concluded in _______________________________ in two original copies in Kazakh, Arabic and English, all texts being equally authentic.

In case of discrepancies between the texts of the Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For the State of Qatar

President

Republic of Kazakhstan

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