On the ratification of the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the transfer of Convicted persons

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the transfer of Convicted persons

The Law of the Republic of Kazakhstan dated March 5, 2019 No. 233-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the transfer of Convicted persons, concluded in Astana on November 1, 2017.

President Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the transfer of convicted persons

The Republic of Kazakhstan and the Hashemite Kingdom of Jordan, hereinafter referred to as the "Parties",

Desiring to promote effective cooperation between the two Sides in the field of the transfer of convicted persons in order to facilitate their rehabilitation and social reintegration,

based on the principles of national security and non-interference in the internal affairs of the Parties,

Believing that this goal can be achieved through the conclusion of a bilateral agreement establishing the possibility for convicted persons to serve their sentences in their public environment,

agreed on the following:

Article 1 General provisions

1. The Parties, in accordance with the provisions of this Agreement, undertake to mutually maximize cooperation in the field of transfer of convicted persons.

2. A convicted person in the territory of either Party may be transferred in accordance with the provisions of this Agreement to the territory of the other Party to serve the prescribed sentence. To this end, the convicted person or his legal representative may express their written consent in both the Sentencing State and the State of Execution to be transferred to the State of Execution.

3. Transfer may be requested by the Sentencing State or the State of Enforcement.

Article 2 Definitions

For the purposes of this Agreement:

(a) "Convicted person" means any person who is deprived of liberty on the basis of a court verdict in the territory of either Party;

(b) "Sentence" means any final custodial sentence imposed by a court as a result of the commission of a criminal offence;

(d) "State of enforcement" means the Party to whose territory the convicted person has been or may be transferred to serve his sentence;

(e) "Citizen" means a person who holds the nationality of one of the Parties.

Article 3 Central authority

1. The central body for the Republic of Kazakhstan is the Prosecutor General's Office. The central authority for the Hashemite Kingdom of Jordan is the Ministry of Justice. 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 through diplomatic channels.

2. For the purposes of this Agreement, the central authorities designated by the Parties shall interact with each other directly or through diplomatic channels.

Article 4 Conditions of transfer

A convicted person may be transferred, in accordance with this Agreement, only if the following conditions are met:

a) the person is a national of the State of Enforcement of the sentence;

b) the court's decision is final and enforceable;

(d) The remaining term of imprisonment at the time of receipt of the transfer request is at least six (6) months. In exceptional cases, the Parties may agree to transfer, even if the sentence to be served by the convicted person is less than six (6) months.;

e) transfer according to the convicted person or, due to his age, physical or mental condition, the legal representative of the convicted person;

(f) In accordance with the national legislation of the State of enforcement of the sentence, the acts or omissions for which the person is convicted constitute a crime;

(g) The sentencing State and the State of Enforcement agree to the transfer of the convicted person.

Article 5 Transfer decision

1. The decision of each of the Parties to accept or refuse the transfer in accordance with this Agreement is independent.

2. Any refusal to transfer must be justified and the grounds for refusal must be communicated to the other Party.

3. When deciding on a transfer request, each Party takes into account the nature and severity of the crime, the circumstances in which it was committed, especially if it is associated with an organized criminal group, the possibility of rehabilitation and social reintegration, the age and health status of the convicted person, his marital status, fulfillment of obligations regarding compensation for victims of the crime..

4. The transfer may be refused if:

a) The sentencing State believes that it is detrimental to sovereignty, security and public order; or

(b) The penalty under the national law of the Executing State is more severe or milder than that imposed in the Sentencing State; or

(c) The convicted person has not compensated for the damage resulting from his crime and has not paid the costs and fines that he is required to pay in accordance with the verdict, and does not guarantee payment or compensation for the damage, depending on the criminal case; or

(d) A person has been sentenced in the State of Enforcement for the same offence for which he was convicted in the Sentencing State, or is the subject of ongoing criminal proceedings for the same offence.

Article 6 Obligation to inform and accompanying documents

1. Any convicted person to whom this Agreement may be applied must be informed by the Sentencing State of the contents of this Agreement and of the legal consequences of the transfer.

2. If the Sentencing State agrees in principle to a request for the transfer of any convicted person, it shall inform the State of Enforcement thereof and provide the State of Enforcement with the following documents and information:

a) Full name, date and place of birth of the convicted person;

(b) The nature, duration and date of commencement of the execution of the sentence;

c) a description of the actions that led to the verdict;

(d) In addition to any information related to any pre-trial detention, reduction of the term of sentence served, the length of work performed in custody and its impact on the duration of the sentence or on any actions or relevant circumstances related to the execution of the sentence, information on the duration of the sentence that has entered into force;

e) a certified copy of the verdict and the applicable legislation;

(f) If necessary, in addition to any information about his treatment in the Sentencing State and any recommendations for subsequent treatment in the State of Enforcement, any medical and/or social report on the convicted person;

(g) A statement containing the consent referred to in subparagraph (e) of Article 4 of this Agreement.

3. If the State of Execution of the sentence previously agrees to receive the convicted person, it shall send the following documents and information to the Sentencing State:

a) confirmation that the convicted person is a national of the State of execution of the sentence;

(b) The provisions of its law establishing responsibility for the acts for which the person has been convicted.

4. When the executing State considers that the information and documents provided by the Sentencing State are insufficient, it may request additional information.

5. The transfer of a convicted person from the Sentencing State to the State of Execution of the sentence is carried out under escort on the territory of the Sentencing State. The personal belongings of the convicted person are transferred according to the act to the competent authorities of the State of execution of the sentence on the day of transfer in accordance with the agreements reached.

6. The convicted person shall be informed in writing of any measures taken by the Sentencing State or the Executing State regarding the application of this article, as well as of any decision taken by either Party regarding the request for his transfer.

Article 7 Consent and verification

1. The sentencing State must ensure that the person who consents to the transfer in accordance with paragraph (e) Article 4 of this Agreement, does so voluntarily and with full awareness of the legal consequences.

2. The sentencing State shall provide the consul or a diplomatic person of the executing State with the opportunity to verify that the application has been made in accordance with the conditions set out in paragraph 1 of this article.

Article 8 Effects of transfer on the sentencing State

If the State of Execution of the sentence is responsible for the convicted person:

1) this terminates the execution of the sentence in the Sentencing State;

2) The sentencing State has no right to continue executing the sentence if the State of execution considers the execution of the sentence completed.

Article 9 Effects of transfer on the State of enforcement

1. The competent authorities of the Executing State shall continue the execution of the sentence after the transfer of the convicted person.

2. The execution of the sentence is regulated by the national legislation of the Executing State.

3. When the punishment by its nature and duration does not comply with the national legislation of the State of execution of the sentence, it shall, by a court decision, replace it with the punishment provided for in its national legislation for the same crime. Such punishment should correspond as much as possible to the nature of the punishment imposed in the Sentencing State. It should not increase the nature or duration of the punishment imposed in the Sentencing State, exceeding the maximum provided for by the national legislation of the State of enforcement. In such a case, the executing State shall inform the Sentencing State.

4. A convicted person who has been transferred to serve his sentence should not be the subject of judicial proceedings or sentencing in connection with the sentence being executed.

Article 10 Pardon, amnesty, commutation of punishment

Each Party shall grant pardons, amnesties, or commutation of punishment in accordance with its national legislation.

Article 11 Judicial review

Only the Sentencing State has the right to decide on any request for judicial review.

Article 12 Termination of performance

The executing State must terminate or modify the execution of the sentence as soon as the appropriate judicial decision is received from the Sentencing State.

Article 13 Information on execution

The executing State provides the sentencing State with information regarding the execution of the sentence:

(a) When it considers the execution of the sentence completed; or

(b) If the convicted person has died or escaped before the full execution of the sentence; or

Article 14 Languages and expenses

1. The request for the transfer of a convicted person and the necessary documents must be drawn up in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party. If the petition is filed by a convicted person, it may be written in the language he or she speaks.

2. Expenses incurred exclusively in the territory of the Sentencing State shall be covered by that State, and any other expenses incurred as a result of the transfer of a convicted person shall be covered by the State of Enforcement.

Article 15 Relation to multilateral agreements

This Agreement does not affect any obligations of the Parties arising from multilateral conventions to which one or both Parties are Parties.

Article 16 Settlement of disputes

The Parties shall immediately consult, at the request of either Party, on the interpretation and application of this Agreement as a whole, or with respect to a specific article of it.

Article 17 Final provisions

1. This Agreement shall be concluded for an indefinite period and shall enter into force thirty (30) days after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

2. This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols, which are its integral parts, which enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

3. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt through diplomatic channels by one of the Parties of a written notification by the other Party of its intention to terminate this Agreement.

4. In the event of termination of this Agreement, transfer requests that were submitted during the period of validity of this Agreement will remain in force until they are fully executed.

5. This Agreement also applies to the enforcement of sentences imposed before its entry into force.

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

DONE in Astana on November 1, 2017, in two originals, each in the Kazakh, Arabic and English languages, all texts being authentic.

In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For the Hashemite Kingdom of Jordan

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the transfer of Convicted Persons, signed in Astana on November 1, 2017 in Kazakh, Arabic and English with the text in Russian.

Kazakhstan Republicas Bas Prosecutor's office Halykaralyk yntymaktasty departmentin bastygy

G. Koigeldiev

President

Republic of Kazakhstan

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