On the ratification of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on the Transfer of Convicted Persons

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The Law of the Republic of Kazakhstan dated October 5, 2020 No. 364-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the United Arab Emirates on the Transfer of Convicted Persons, signed in Astana on July 4, 2018.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Republic of Kazakhstan and the United Arab Emirates on the transfer of convicted persons

The Republic of Kazakhstan and the United Arab Emirates, hereinafter referred to as the "States",

Desiring to promote the integration of convicted persons into society by giving them the opportunity to serve their sentences in their home countries,

We have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, the following words and concepts have definitions:

1) "sentence" is any court decision providing for imprisonment for a certain period of time for a committed crime.;

2) "convicted person" means a person against whom a sentence of imprisonment has been passed on the territory of the Sentencing State;

(3) "Sentencing State" means the State in which a sentence has been passed against a person who may be or has already been transferred;

4) "The State of execution of the sentence" means the State to which the convicted person may be transferred or has already been transferred for further serving of the sentence or the remainder of his term.

Article 2 General provisions

In accordance with the terms of the provisions of this Treaty, the States undertake to cooperate to the maximum extent possible with regard to the transfer of convicted persons.

Article 3 Transfer of a convicted person

In accordance with the terms of the provisions of this Treaty, a convicted person may be transferred from the territory of the Sentencing State to the territory of the State of Execution of the sentence for the purpose of further serving the sentence or the remainder of its term.

Article 4 Transfer request

In accordance with the provisions of article 8 of this Treaty, a request for the transfer of a convicted person may be sent by the Sentencing State or the State of Enforcement, just as the convicted person or his legal representative may express a desire to transfer to the Sentencing State or the State of Enforcement.

Article 5 Central authorities

1. For the purposes of this Treaty, the Central Authorities designated by the States shall cooperate with each other regarding transfer requests through diplomatic channels.

2. For this purpose, the Central Authorities are:

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

for the United Arab Emirates, the Ministry of Justice.

3. In the event that any State changes its Central Authorities or transfers their functions to another State body, the other State shall be notified of such change in writing through diplomatic channels.

Article 6 Requests

1. The transfer request and accompanying documents shall be drawn up in writing and sent to the Central Authority of the Requested State through diplomatic channels.

2. The transfer request and the attached documents, drawn up in the official language of the Requesting State, transmitted by translation into the official language of the Requested State or into English, signed and stamped by the requesting authority, do not require further confirmation.

Article 7 Form and content of the request

1. In order to make decisions on requests sent by the Sentencing State in accordance with this Treaty, the Sentencing State shall provide the following information and documents to the State of Enforcement:

a) full personal data, date and place of birth of the convicted person;

(b) The type, term and date of the calculation of the sentence, as well as information on the duration of the sentence to be served, information on pre-trial detention or release from punishment, and other information relevant to the enforcement of the sentence;

(d) A medical, social or any other report on the convicted person, if necessary, as well as any information about the treatment he receives in the Sentencing State and recommendations according to which such treatment should be continued in the State of Enforcement.;

e) a document on the consent of the convicted person to transfer, received in accordance with paragraph 5 of Article 8 of this Treaty.

2. In order to make decisions on requests sent by the State of Enforcement in accordance with this Treaty, the State of Enforcement shall provide the Sentencing State with the following information and documents:

a) a document confirming that the convicted person is a citizen of the State of execution of the sentence;

(b) An extract of the relevant provisions of the criminal law indicating that the act or omission for which the sentence was imposed is a crime in accordance with the national legislation of the State of enforcement of the sentence;

3. If the Sentencing State agrees to transfer the convicted person in accordance with a request sent by the State of Enforcement, the Sentencing State shall send the information and documents specified in paragraph 1 of this article.

Article 8 Conditions for transfer

A convicted person may be transferred in accordance with this Agreement under the following conditions:

1) if he is a citizen of the State of execution of the sentence;

2) if the court verdict has entered into legal force and is subject to execution;

3) at the time of receipt of the transfer request, the term to be served by the convicted person is at least six months, unless otherwise agreed.;

4) the act or omission for which a sentence has been passed is a crime in the State of execution of the sentence.;

5) the convicted person has agreed in writing to the transfer. If the convicted person is unable to express his consent to the transfer in writing, the transfer may be requested by his legal representative, spouse or one of his close relatives.;

6) if the Sentencing State and the Executing State agree to the transfer.

Article 9 Refusal of transfer

1. The transfer of a convicted person is refused if:

(a) The transfer may prejudice the sovereignty, security, public order or other national interests of the Sentencing State;

b) the sentence against the convicted person was passed for a military crime;

(c) The sentence may not be executed in the State of enforcement of the sentence on the grounds provided for by the legislation of that State.

2. The transfer of a convicted person may be refused if:

(a) The convicted person has failed to repay fines, court costs, compensations or other property penalties imposed in the Sentencing State;

(b) There is a claim against the convicted person in the court of the Sentencing State with other property claims.

Article 10 Execution of the sentence

1. The State of execution of the sentence shall ensure the continuation of the execution of the sentence against the convicted person in accordance with its legislation.

2. The court of the State of Enforcement of the sentence, on the basis of the verdict, in accordance with the legislation of its State, imposes the same term of punishment as it was imposed by the court.

The part of the sentence served in the territory of the Sentencing State is taken into account in the total term of the sentence.

Article 11 Retention of jurisdiction

1. For the purposes of this Treaty, the Sentencing State retains jurisdiction to review the sentence imposed by its court.

2. In the event of receiving a verdict from the Sentencing State reviewed in accordance with paragraph 1 of this article, the State of enforcement shall, in accordance with its national law, enforce the judgment rendered by the Sentencing State.

Article 12 Termination or modification of the execution of a sentence

The State of enforcement shall terminate or modify the execution of the sentence immediately after the Sentencing State informs of any decision or measure by virtue of which the sentence ceases to be enforceable.

Article 13 Exchange of information

1. The Central Authority of the Executing State shall inform the Central Authority of the Sentencing State of any decisions and measures taken to enforce the sentence, such as in cases of escape or death.

2. At the request of the Central Authority of the Sentencing State, the Central Authority of the Sentencing State shall provide information on the process of execution of the sentence after the transfer of the convicted person.

Article 14 Limits of criminal liability

A convicted person may not be arrested, tried, or convicted in the Executing State for the same crimes for which he was convicted in the Sentencing State.

Article 15 Expenses

1. The State of execution of the sentence shall bear the costs associated with the transportation of the convicted person in accordance with national legislation, with the exception of expenses incurred in the territory of the Sentencing State.

2. If it turns out that the execution of the request requires extraordinary expenses, States should consult with each other to determine the conditions under which the request can be executed.

Article 16 Transit

1. A State, in accordance with its legislation, shall satisfy a request for the transit of a convicted person through its territory if such a request has been prepared by another State that has agreed to transfer this person to a third State.

2. The transit request must contain the information provided for in paragraph 1 of Article 7 and be accompanied by copies of the documents provided for in subparagraph (a) of paragraph 2 of Article 7 of this Treaty.

3. A State that has requested a transit permit may, on the basis of a court decision or other competent authority of that State, detain a person only for the period for which transit through that territory is requested.

4. Such permission is not requested if such transit is carried out by air and without landing on the territory of another proposed State.

Article 17 Consultations

In order to enhance the effectiveness of this Treaty, the Central Authorities of the States have the right to consult with each other. The central authorities also have the right to apply any practical measures that may be necessary to assist in the application of this Treaty.

Article 18 Settlement of disputes

Any differences related to the interpretation and application of this Treaty shall be resolved between the States through consultations through diplomatic channels.

Article 19 Entry into force, operation and termination of the Treaty

1. This Treaty shall enter into force 30 days after the date of receipt of the last written notification from the States through diplomatic channels on the completion of all internal procedures necessary for its entry into force in accordance with applicable law.

2. This Agreement applies to persons convicted before and after its entry into force.

3. Each State has the right to terminate this Treaty at any time by written notification through diplomatic channels. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt of notification of such intention. However, the termination of this Agreement does not apply to the procedures initiated prior to its termination.

4. This Treaty may be amended by mutual agreement of the States, which shall enter into force in accordance with the procedure provided for in paragraph 1 of this article.

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

DONE in Astana on July 4, 2018, in two originals, each in the Kazakh, Arabic and English languages, all texts being equally authentic.

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

For the Republic of Kazakhstan

For the United Arab Emirates

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on the transfer of Convicted Persons, signed in Astana on July 4, 2018 in Kazakh, Arabic and English with the text in Russian.

Head of Department

international cooperation

The General Prosecutor's Office

Republic of Kazakhstan

G. Koigeldiev

Note from <url>! The text of the Agreement in Arabic and English is attached.

President

Republic of Kazakhstan

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