On the ratification of the Agreement between the Republic of Kazakhstan and Turkmenistan on the transfer of persons sentenced to imprisonment for further serving their sentences

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The Law of the Republic of Kazakhstan dated November 5, 2003 N 493

To ratify the Agreement between the Republic of Kazakhstan and Turkmenistan on the transfer of persons sentenced to imprisonment for further serving their sentences, signed in Astana on July 5, 2001.

President of the Republic of Kazakhstan

Agreement * between the Republic of Kazakhstan and Turkmenistan on the transfer of persons sentenced to imprisonment for further serving their sentences

*(Entered into force on December 10, 2003 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 9, art. 56)

The Republic of Kazakhstan and Turkmenistan, hereinafter referred to as the "Contracting Parties", proceeding from the principles of State sovereignty, equality and mutual respect, based on the norms of international law and desiring to develop interstate cooperation in the field of criminal law, bearing in mind that the serving of sentences by convicted persons in the State of which they are citizens contributes to a more effective achievement of the goal of punishment, the return of offenders to a normal life in society, Guided by the principles of humanism and respect for human rights, we have agreed on the following:

Article 1 Definition of terms

For the purposes of this Treaty, the following terms mean: (a) "sentencing State" - the Contracting Party whose court has sentenced the person to imprisonment; (b) "State of enforcement" - the Contracting Party to which the person sentenced to imprisonment and who is its representative is transferred for further punishment. c) "convicted" - a person convicted by a court of one of the Contracting Parties for committing a crime to be punished by imprisonment; (d) "Close relatives" - persons who are such in accordance with the national legislation of the Contracting Parties; (e) "legal representatives" - persons recognized as such in accordance with the procedure established by the national legislation of each Contracting Party; (f) "competent authorities" - the authorities of the Contracting Parties deciding on the transfer of convicted persons; (g) "bodies responsible for the execution of punishment" - the bodies of the Contracting Parties executing decisions on the transfer of a convicted person.

Article 2 General principles

1. Citizens of each Contracting Party, as well as stateless persons permanently residing in its territory who have been sentenced to imprisonment in the other Contracting Party, may, in accordance with the provisions of this Treaty, be transferred to serve their sentences in the Contracting Party of which they are citizens or in whose territory they permanently reside. 2. A request for the transfer of a convicted person may come from both the sentencing State and the State of enforcement.

Article 3 The basis for initiating the procedure of transfer of a convicted person

The basis for initiating the procedure for the transfer of a convicted person to the Contracting Party of which he is a national, as well as a stateless person permanently residing in its territory, is an application from this person, or his close relatives, or his legal representative, sent to the competent authority of either Contracting Party.

Article 4 Competent authorities

The competent authorities of the Contracting Parties are the Prosecutor General's Office of the Republic of Kazakhstan and the Prosecutor General's Office of Turkmenistan, which will cooperate directly with each other on all matters related to the implementation of this Agreement.

Article 5 Request for transfer of a convicted person and necessary documents

1. A request for the transfer of a convicted person shall be drawn up in writing and accompanied by: a) information about the identity of the convicted person (surname, first name, patronymic, date and place of birth); b) a document confirming the citizenship of the convicted person or his permanent place of residence; c) the text of the articles of the criminal law on the basis of which the person was convicted; d) an application by the convicted person or his legal representative for consent to transfer for further serving of the sentence; e) copies of the verdict and the decisions of higher judicial authorities available in the case, documents on the entry into force of the verdict; f) a document on the part of the sentence served and the part of the sentence to be served; g) a document on the execution of additional punishment, if it was imposed; h) a medical report on the state of health and information about the specifics of the convicted person's behavior; and) information about compensation for material damage caused by the crime for which the person was convicted. If necessary, the competent authorities of the Contracting Party of which the convicted person is a national may request additional documents or information. 2. All listed documents must be signed by an authorized person and stamped.

Article 6 Conditions of transfer of a convicted person

1. A convicted person may be transferred in accordance with this Agreement if the following conditions are met: a) if he is a citizen, as well as a stateless person permanently residing in the territory of the state of execution of the sentence; b) if the sentence has entered into legal force; c) if the convicted person agrees to transfer or, if the convicted person is of age, his legal representative cannot express his will in a physical or mental state.; (d) If the act for which the sentence was imposed is a crime under the national legislation of the State of enforcement and carries a custodial sentence; (e) If the sentencing State and the State of enforcement agree to the transfer of the convicted person. 2. Officials of the competent authorities of the sentencing State should explain the possibility of transfer and its legal consequences to the convicted person or his legal representative.

Article 7 Grounds for refusal to transfer a convicted person

1. The transfer of a convicted person may be refused if: a) this may harm the interests of one of the Contracting Parties; b) at the time of receipt of the request for transfer, the term of imprisonment that the convicted person has yet to serve is less than six months; c) if the material damage caused by the crime has not been compensated; d) the requesting Contracting Party The requirements of article 6 of this Treaty have not been properly fulfilled. 2. In exceptional cases, the Contracting Parties may agree to transfer the convicted person, even if he remains to serve a sentence of less than six months or if the material damage caused by the crime has not been fully compensated.

Article 8 Decision on the request for transfer of a convicted person

The decision on consent or refusal on the received request for the transfer of a convicted person shall be taken by the competent authority of the Contracting Party within 40 days from the date of receipt of the documents listed in Article 5 of this Treaty. The decision is notified in writing to the competent authority that sent the request, as well as to the person in respect of whom the request was sent or to the person who applied for transfer in case of refusal, with mandatory indication of the reasons that prevented the transfer.

Article 9 Procedure for transfer of a convicted person

The place, time and procedure for the transfer of a convicted person shall be established by the authorities responsible for the execution of punishment of the Contracting Parties.

Article 10 Expenses

All costs related to the transfer of a convicted person, except those incurred exclusively on the territory of the sentencing State, are borne by the State of enforcement.

Article 11 Execution of punishment

1. The State of execution of the sentence is obliged to ensure the execution of the sentence in full, guided by its national legislation. 2. The State of enforcement of the sentence shall ensure the continuation of serving the sentence in accordance with its national legislation, without aggravating the situation of the convicted person. 3. The sentence imposed on the convicted person shall be served on the basis of the verdict of the court of the sentencing State. The court of the State of enforcement of the sentence, based on the verdict, decides on its execution. 4. If, according to the national legislation of the State of enforcement of the sentence for the given act, the maximum term of imprisonment is less than that imposed by the sentence, the court of the State of enforcement shall determine the maximum term of imprisonment provided for by the national legislation of that State for the same act. 5. If the sentence relates to two or more acts, of which one or more are not recognized as crimes in the State of enforcement of the sentence, the court of that State determines which part of the punishment is applied to the act that is a crime. 6. The decision on the execution of an additional punishment is taken by the court of the State of execution of the sentence, if such punishment for the committed act is provided for by the national legislation of that State. 7. The competent authority of the executing State shall, within one month, notify the competent authority of the sentencing State of the court's decision on the execution of the sentence.

Article 12 Pardon and amnesty

Each Contracting Party has the right to apply a pardon or amnesty to the transferred convict.

Article 13 Jurisdiction of the courts

1. Only the court of the sentencing State is authorized to review the verdict in terms of its validity in relation to the transferred convict. 2. If, after the transfer of the convicted person to serve his sentence, the sentence in the State of its imposition is annulled and a new investigation or trial is envisaged, a copy of the decision on this, the materials of the criminal case and other materials based on the results of the necessary procedural actions possible in the absence of the convicted person, are sent to the State of enforcement of the sentence for criminal prosecution under the national legislation of that State. 3. In the event of termination of a criminal case based on the results of an additional investigation on rehabilitative grounds or an acquittal by a court, the damage caused to a person by unjustified criminal prosecution is compensated by the State of the unjustified sentence. 4. If, after the transfer of the convicted person to serve his sentence, the sentence is changed by the State of his imposition, a certified copy of the decision on this and other necessary documents are sent to the competent authority of the State of execution of the sentence. The court of the State of enforcement of the sentence resolves the issue of the execution of such a decision in accordance with the procedure provided for in article 11 of this Treaty.

Article 14 Legal consequences of the transfer of a convicted person

1. In respect of a person transferred to serve his sentence to the State of execution of the sentence, the same legal consequences of conviction occur as in respect of persons convicted in the territory of this State for committing the same act. 2. A person who has been transferred for the execution of a sentence imposed by a court of another Contracting Party may not be brought to criminal responsibility again in the territory of the State of enforcement of the sentence for the same act in connection with which the sentence that entered into force was pronounced.

Article 15 Transit transportation

1. Each Contracting Party, at the request of the other Contracting Party, authorizes transit transportation through its territory of convicted persons transferred by this Contracting Party to a third State. At the same time, the necessary legal requirements for the conditions of detention of a convicted person are ensured. 2. This provision does not apply in the case of the use of air transport when there is no plan to land on the territory of another Contracting Party. 3. In the event of an unplanned landing of an aircraft, the Contracting Party over whose territory the flight is being conducted may, at the request of representatives of the other Contracting Party accompanying the convicted person, detain that person for 72 hours until receiving a request for transit transportation submitted in accordance with paragraph 1 of this Article. Such a request can be transmitted by technical means of communication, including telegraph, telex, fax, e-mail. 4. The costs associated with the transit transportation of a convicted person shall be borne by the Contracting Party requesting such transportation.

Article 16 Dispute resolution

Disputes arising in connection with the interpretation or application of this Treaty shall be resolved through consultations and negotiations between the competent authorities of the Contracting Parties.

Article 17 Language of bilateral communication

1. In the performance of this Agreement, the Contracting Parties shall use their official languages or the Russian language. 2. Certified translations into Russian are attached to the documents executed in the official languages of the Contracting Parties.

Article 18 Validity of the Contract in time

This Agreement also applies to persons convicted by the courts of the Contracting Parties prior to the entry into force of the Agreement.

Article 19 Introduction of amendments and additions

By mutual agreement of the Contracting Parties, necessary amendments and additions may be made to this Agreement, which will be formalized in separate protocols that are integral parts of this Agreement.

Article 20 Relation to other international treaties

The provisions of this Treaty shall not affect the rights and obligations of the Contracting Parties arising from other international treaties to which they are parties.

Article 21 Final provisions

This Agreement shall enter into force on the date of receipt of the last written notification by the Contracting Parties of the completion of the internal procedures necessary for its entry into force and shall remain in force until the expiration of six months from the date of receipt by one Contracting Party of the written notification by the other Contracting Party of its intention to terminate it.

Done in Astana on July 5, 2001, in two original copies, each in the Kazakh, Turkmen and Russian languages, all texts being equally authentic. For the purposes of interpreting the provisions of this Agreement, the text in Russian will be used.

For the Republic of Kazakhstan For Turkmenistan President President of the Republic of Kazakhstan of Turkmenistan

President

Republic of Kazakhstan

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