On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Turkey on the transfer of Convicted Persons

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The Law of the Republic of Kazakhstan dated November 20, 2013 No. 143-V SAM

To ratify The agreement between the Republic of Kazakhstan and the Republic of Turkey on the transfer of convicted persons, signed in Ankara on July 4, 2013.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT between the Republic of Kazakhstan and the Republic of Turkey on the transfer of convicted persons

The preamble

The Republic of Kazakhstan and the Republic of Turkey, hereinafter referred to as the Parties, striving to further develop friendly relations and strengthen cooperation in the legal field, including on the transfer of convicted persons, based on the principles of national sovereignty, equality of rights and non-interference in the internal affairs of the Parties, agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, the following terms mean: (a) "sentence" – any final judicial decision providing for imprisonment for the commission of a crime; (b) "sentencing State" – the State where the sentence was imposed on the person to be transferred; (c) "State of enforcement" – the State to which the convicted person is transferred. or transferred to serve his sentence and who oversees the execution of the sentence; d) "citizen" – a person belonging to the nationality of one of the Parties; e) "Central authorities" – the Prosecutor General's Office for the Republic of Kazakhstan and the Ministry of Justice for the Republic of Turkey; f) "convicted person" – a person deprived of liberty by a court verdict of one of the Parties.

Article 2 General principles

1. The Parties undertake to cooperate in the transfer of convicted persons in accordance with the provisions of this Agreement. 2. A person convicted in the territory of one Party may be transferred to the other Party to serve the sentence imposed by the court of the sentencing State. To this end, the convicted person or his legal representative shall provide his written statement of consent to be transferred in accordance with this Agreement to the sentencing State or the State of enforcement of the sentence. 3. A transfer request may be made by either Party.

Article 3 Conditions of transfer

1. A convicted person may be transferred in accordance with this Agreement in the following cases:: a) he is a citizen of the State of enforcement of the sentence; b) the sentence has entered into legal force; c) at the time of receipt of the transfer request, the convicted person remains to serve his sentence for at least one year; d) the consent to transfer in writing was given by the convicted person himself or his legal representative, taking into account the age, physical or mental condition of the convicted person; (e) The act or omission for which the sentence was imposed is an offence under the law of the State of enforcement; (f) The sentencing State and the State of enforcement agree to the transfer. 2. In exceptional cases, the Parties may agree to transfer, even if the term of serving the sentence is less than that specified in subparagraph (c). paragraph 1 of this article.

Article 4 Refusal to transfer

1. The transfer of a convicted person may be refused if: a) one Party decides that the transfer will harm its sovereignty, security, public order or contradict the fundamental principles of national legislation; b) the convicted person has been sentenced for a crime infringing on State security; c) the convicted person is involved in legal proceedings on the territory of the sentencing State. 2. Each Party may decide at its discretion whether or not to agree to the transfer requested by the other Party, regardless of the circumstances provided for in paragraph 1 of this article.

Article 5 Obligation to provide information

1. The convicted person to whom this Agreement may apply shall be notified by the sentencing State of the contents of this Agreement. 2. If the convicted person or his legal representative has indicated to the sentencing State that he wishes to be transferred in accordance with this Agreement, that State shall inform the State of enforcement as soon as possible, if the sentence is final, and provide that State with the information specified in paragraph 3 of this article. 3. The information contains: a) the surname, first name, patronymic, date and place of birth, as well as information confirming the personal data of the convicted person; b) his address, if any, in the state of execution of the sentence; c) a written statement from the convicted person or his legal representative on the transfer; d) certified copies of the final verdict and the law, on which it is based on. 4. If the convicted person or his legal representative has indicated to the State of enforcement his desire for transfer, the sentencing State shall, upon request, transmit to the State of enforcement the information specified in paragraph 3 of this article. 5. The convicted person or his legal representative shall be informed in writing of any actions taken by the sentencing State or the State of enforcement in accordance with this article, as soon as any decision taken by either of these States regarding the request for transfer is taken.

Article 6 Requests and responses

1. Requests for transfer and responses shall be drawn up by the Central Authorities of each of the Parties in writing and provided through diplomatic channels. 2. The sentencing State shall immediately inform the State of enforcement of its decision to agree or disagree to the requested transfer.

Article 7 Supporting documents

1. The State of enforcement of the sentence, in case of receiving a request from the sentencing State, shall provide it with: (a) A document confirming that the convicted person is a national of that State; (b) a copy of the relevant article of the law providing that the act or omission for which the sentence was imposed in the sentencing State constitutes a crime in accordance with its legislation. 2. If the transfer request is granted, the sentencing State shall provide the following documents to the State of enforcement: (a) a certified copy of the final sentence and the law on which it is based; (b) information indicating how much of the sentence has already been served, including information on pre-trial detention, as well as relevant to the execution of the sentence; (c) a statement containing consent to the transfer, as set out in subparagraph (d) paragraph 1 of Article 3 of this Agreement; (d) If necessary, any medical and social information about the convicted person, information about his treatment in the sentencing State, and any recommendations for his further treatment in the State of enforcement. 3. Each State may request the provision of any documents or information referred to in paragraphs 1 or 2 of this article before submitting a transfer request or deciding whether or not to transfer. 4. For the purposes of this Agreement, documents sent by the Central Authority of one Party, signed and stamped, are used on the territory of the other Party without authorization and legalization.

Article 8 The consent of the convicted person and his confirmation

1. The sentencing State guarantees that the convicted person voluntarily consented to the transfer with full awareness of its legal consequences and confirms this by giving consent to the transfer. 2. The sentencing State, at the request of the executing State, shall provide an opportunity for the executing State, through an authorized person, to verify that the convicted person has expressed his consent to transfer in accordance with the requirements of subparagraph (d). paragraph 1 of Article 3 of this Agreement.

Article 9 Transfer of a convicted person

In case of reaching an agreement on the transfer, the Parties determine the time, place and other conditions of the transfer.

Article 10 Implications of the transfer for the sentencing State

If the convicted person is at the disposal of the executing State, this leads to the termination of the execution of the sentence in the sentencing State.

Article 11 Effects of transfer on the State of enforcement

1. After the transfer of the convicted person to the State of execution of the sentence, the Central Authority of the State of execution of the sentence ensures the execution of the sentence. 2. A convicted person who has been transferred to serve his sentence may not be tried or convicted in the territory of the executing State in connection with the sentence to be executed.

Article 12 Continuation of the execution of the sentence

1. In accordance with its national legislation, the Central Authority of the executing State: (a) immediately ensures the continuation of the execution of the sentence of the court of the sentencing State; (b) ensures the transformation of the sentence through judicial or administrative procedure into a decision of that State, thus replacing the sanction determined by the sentencing State with the sanction provided for by the legislation of the executing State for the same crime. 2. The punishment in its essence and duration should, as far as possible, correspond to the sentence imposed, and also should not worsen the sanction established by the sentencing State and exceed the maximum term of punishment provided for by the legislation of the executing State.

Article 13 Pardon, amnesty, commutation of punishment

Each Party has the right to pardon, grant amnesty, or commute punishment in accordance with its national legislation by immediately notifying the other Party.

Article 14 Review of the final verdict

Only the sentencing State has the right to decide on any request for a review of the sentence.

Article 15 Termination of execution of sentence

The executing State shall terminate the execution of the sentence or reduce the punishment immediately after the sentencing State informs it of any decision or measure that led to the cancellation or reduction of the sentence.

Article 16 Informing about the execution of the sentence

The executing State shall provide the sentencing State with information regarding the execution of the sentence: (a) when it considers the execution of the sentence completed; (b) if the convicted person has escaped from custody before the execution of the sentence is completed; (c) if the sentencing State requests a special report.

Article 17 Transit

1. When one Party, cooperating with a third country, transits convicted persons through the territory of the other Party, the former sends the latter a request for permission for such transits. 2. Such a permit is not required if air transport is used and when landing on the territory of the other Party is not planned. 3. The requested Party, if it does not contradict its national legislation, satisfies the request for transit of the requesting Party.

Article 18 Languages

All information and requests for the transfer of a convicted person are provided in the official language of the Party to which they are addressed, or in English.

Article 19 Expenses

1. Expenses incurred exclusively in the territory of the sentencing State shall be borne by that State in accordance with its national legislation, and any other transfer costs shall be borne by the State of enforcement. 2. The costs associated with transit transportation shall be borne by the Party requesting permission for transit transportation.

Article 20 Action in time

This Agreement applies to the enforcement of sentences that have entered into force.

Article 21 Settlement of disputes

Disagreements related to the application and interpretation of this Agreement are resolved through consultations.

Article 22 Making changes and additions

With the consent of the Parties, amendments and additions may be made to this Agreement, which are formalized by the relevant protocols, which are an integral part of it and enter into force in accordance with the procedure provided for in Article 23 of this Agreement.

Article 23 Ratification and entry into force

1. This Agreement is subject to ratification and shall enter into force on the date of receipt through diplomatic channels of the last written notification of its ratification by the Parties. 2. This Agreement is concluded for an indefinite period and remains in force until the expiration of 6 (six) months from the date of receipt by one of the Parties through diplomatic channels of a written notification from the other Party of its intention to terminate it. In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement. Done in Ankara, July 4, 2013, in two copies, each in Kazakh, Turkish and English, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the English text.

For the Republic of Kazakhstan

For the Turkish Republic

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Republic of Turkey on the transfer of Convicted Persons, signed in Ankara on July 4, 2013 in Kazakh, Turkish and English with the text in Russian.

Acting Head of the Department of International Cooperation of the Prosecutor General's Office of the Republic of Kazakhstan A. Nurbekov

RCPI's note! The following is the text of the Agreement in Turkish and English.

President

Republic of Kazakhstan

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