On signing an Agreement between the Republic of Kazakhstan and the State of Qatar on extradition

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Decree of the President of the Republic of Kazakhstan dated February 10, 2024 No. 477

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 Agreement between the Republic of Kazakhstan and the State of Qatar on extradition.

2. To authorize Murat Abugalievich Nurtleu, Deputy Prime Minister and Minister of Foreign Affairs of the Republic of Kazakhstan, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the State of Qatar on extradition, authorizing amendments and additions that are not fundamental.

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 dated February 10, 2024 No. 477

Project

Agreement between the Republic of Kazakhstan and the State of Qatar on extradition

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

Based on the well-established friendship between the two Sides, on the desire to strengthen cooperation in combating crime in all its forms and to establish cooperation in the field of extradition in accordance with the legislation of the Parties and in compliance with international law, in particular the principles of mutual respect, sovereignty and non-interference in the internal affairs of the Parties.,

agreed on the following:

Article 1 Obligation of extradition

In accordance with the provisions of this Agreement and their national legislation, the Parties undertake, upon request, to extradite to the other Party persons identified on their territory for criminal offences, which, in accordance with the legislation of the Parties, are punishable by imprisonment for a term of at least one year or more severe punishment.

Article 2 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 can send requests by fax or e-mail. The original request must be officially sent within thirty (30) days through diplomatic channels.

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

Article 3The content of the request

1. An extradition request shall 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;

(c) The text of the relevant law defining the crime and the penalty prescribed for such crime, in connection with which extradition is requested;

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

(e) The text of the relevant law providing for the jurisdiction of the Requesting Party for the offence for which extradition is requested if the offence was committed outside the territory of the Requesting Party.

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

a) an original or a copy of an arrest warrant or other order having the same force, issued in accordance with the law of the Requesting Party and certified by its competent authority, if the request is related to criminal prosecution;

b) a document on the qualification of a criminal act, if the request is related to criminal prosecution;

3. If the sentence has been partially executed in the Requesting Party, this should be indicated in the request.

4. If a person has been convicted in absentia, extradition may be granted if the Requesting Party provides the Requested Party with guarantees that the person has the right to a retrial, guaranteeing the right to defense.

Article 4 Additional information

1. If the information accompanying the extradition request is insufficient for the Requested Party to make a decision in accordance with this Agreement, the Requested Party has the right to request additional information. The requested additional information must be provided in each case within the time limits agreed by the Parties.

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 the requested additional information in the future.

3. If the wanted person is released from custody in accordance with paragraph 2 of this article, the Requested Party must inform the Requesting Party about this within three (3) days from the date of release.

Article 5 Refusal of extradition

1. Extradition must be refused in any of the following cases::

(a) If the wanted person is a national of the Requested Party;

(b) If the crime for which extradition is requested is a political crime or is related to a political crime;

(c) If, at the time of receipt of the request, criminal proceedings cannot be initiated under the national legislation of the Requested Party or the sentence cannot be carried out due to the expiration of the statute of limitations or for other reasons in accordance with the national legislation of the Requested Party. When calculating the limitation periods, the Requested Party must take into account any actions or circumstances related to the interruption or suspension of these periods that have arisen in the territory of the Requesting Party.;

(d) If the Requested Party has issued a final judicial decision against the wanted person for the commission of the act for which the request has been received, or if criminal prosecution has been carried out or criminal proceedings have been refused.;

e) if there are substantial grounds to believe that the wanted person will be subjected to torture or ill-treatment because of his race, ethnic origin, religion, nationality, membership of a social group or political beliefs;

(f) If the act in connection with which extradition is requested is a military offence under the law of the Requested Party.;

(g) If the extradition of a person is contrary to the obligations under international treaties or the national legislation of the Requested Party.

2. If the Requested Party does not extradite the wanted person because he is its national, it shall, at the request of the Requesting Party and in accordance with its national legislation, prosecute him or enforce the sentence of the court of the Requesting Party. Documents, information and other evidence related to the crime must be submitted by the Requesting Party. The requested Party shall inform the Requesting Party of the results of the criminal prosecution or of the execution of the sentence.

Article 6 Preliminary arrest

1. If absolutely necessary, the competent authorities of the Requesting Party may request the preliminary arrest of the wanted person. The competent authorities of the Requested Party shall take a decision on this issue in accordance with their legislation.

2. The request for preliminary arrest must contain the decision on arrest or a copy of the court verdict that has entered into force, as well as an extract from the applicable criminal legislation. It also sets out the act of the person in connection with whom extradition will be requested, the time and place of its commission, as well as a full description of the wanted person to the extent possible.

3. A request for provisional arrest is sent to the Requested Party through diplomatic channels or in urgent situations by e-mail or fax, or through the International Criminal Police Organization (Interpol). The requesting Party must be informed immediately of the results of the examination of his request.

4. The preliminary arrest may be lifted if, within forty (40) days after the arrest, the Requested Party has not received the extradition request and the documents specified in article 3 of this Agreement. The release of a wanted person from custody does not prevent his re-arrest and extradition if an extradition request is subsequently received.

Article 7 Delay of extradition or temporary extradition

1. If the person whose extradition is requested is being held criminally liable in the territory of the Requested Party or is serving a sentence for another crime, the extradition of the person may be postponed until the end of the proceedings, serving the sentence or being released from punishment. In this case, the Requested Party must notify the Requesting Party.

2. If the delay in the extradition of a person may lead to the expiration of the statute of limitations or seriously complicate the investigation of the case, the Requested Party may, at the request of the Requesting Party and in accordance with its legislation, temporarily extradite the person whose extradition is requested.

3. A person who has been temporarily extradited must be returned to the Requested Party immediately upon completion of the proceedings, but not later than ninety (90) days after the date of his transfer. Upon request, the requested Party may extend the period of temporary extradition of a person, if there are sufficient grounds for such an extension.

Article 8concuring requests

If the extradition of a person is requested simultaneously by more than one State for the same or for different crimes, the Requested Party shall decide which State the wanted person should be extradited to, taking into account all the circumstances and especially the gravity of the crime, the date of receipt of the requests, the nationality of the wanted person and the possibility of subsequent extradition between the requesting States.

Article 9special rule

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

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 Requested Party within thirty (30) days after he had the opportunity to do so. This period does not include the time during which a person could not leave the territory of the Requesting Party for reasons beyond his control.;

(b) If the extradited person has returned to the territory of the Requesting Party after leaving it.

Article 10 Decision on extradition and transfer

1. The requested Party shall inform the Requesting Party of the decision taken on the extradition request.

2. In the event of a complete or partial refusal to grant an extradition request, the reasons for such refusal must be communicated to the Requesting Party.

3. If the extradition request is granted, the Requested Party shall inform the Requesting Party of the time and place of transfer of the extradited person. If a person is not handed over to the Requesting Party within thirty (30) days after the date set for transfer, the Requested Party has the right to release him from custody.

4. If circumstances beyond the control of the Parties prevent the transfer or acceptance of the extradited person by either Party, the other Party must be notified accordingly, and the Parties must agree on a new transfer date.

Article 11Transit

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 extradited 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 person's extradition.

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 12 Information about the results

The requesting Party shall provide the Requested Party with information on the criminal prosecution, judicial proceedings or the enforcement of a court sentence against the extradited person.

Article 13 Withdrawal and transfer of objects and documents

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

2. With the consent of the Requested Party, the items and documents referred to in paragraph 1 of this article may be transferred at the request of the Requesting Party, even if extradition is impossible due to the death or escape of the person to be extradited.

3. For the purpose of conducting other criminal proceedings, the requested party may temporarily delay the transfer of the items and documents specified in paragraph 1 of this article or transfer them on the terms of return. Such items and documents shall be returned within one (1) month after the completion or termination of the court proceedings, unless otherwise agreed by the Parties.

4. The transfer of seized or confiscated items and documents to the Requesting Party shall be carried out without prejudice to the rights of the Requested Party or third parties. At the request of the Requested Party or a third party, the Requesting Party immediately returns the received items and documents free of charge, respecting the rights of the parties to such property.

Article 14 Expenses

1. The requesting Party shall bear any costs for the transfer of the wanted person, with the exception of costs incurred in the territory of the Requested Party.

2. If the execution of requests entails unforeseen expenses, the central authorities of the Parties should consult on the procedure for paying such expenses.

Article 15 Language

1. Requests for extradition 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. The responses to extradition 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 16Cooperation 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 17 Scope of application

The provisions of this Agreement shall apply to requests concerning crimes that occurred before and after its entry into force.

Article 18 Dispute settlement

Any disputes that 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 19 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 20 of the Amendment

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 21 of this Agreement and shall be considered an integral part thereof after their entry into force.

Article 21 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. This Agreement is valid for 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 desire to terminate it at least six (6) months before the date of its termination.

3. The termination of this Agreement does not affect the fulfillment 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, being 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 in the interpretation of the Agreement, the English text shall prevail.

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For the Republic of Kazakhstan

For the State of Qatar

President

Republic of Kazakhstan

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