On the ratification of the Convention on Extradition

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The Law of the Republic of Kazakhstan dated November 10, 2017 No. 105-VI SAM.

To ratify the Convention on Extradition, signed in Montevideo on December 26, 1933, with the following declarations:

1) The Republic of Kazakhstan, in accordance with the first sentence of article 2 of the Convention and its national legislation, does not extradite citizens of the Republic of Kazakhstan.;

2) The Republic of Kazakhstan fulfills its obligations under article 15 of the Convention in accordance with its national legislation.

President of the Republic of Kazakhstan

N. NAZARBAYEV

Seventh International Conference of American States in Montevideo, Republic of Uruguay

December 1933

Convention on Extradition

Governments represented at the Seventh International Conference of American States;

Desiring to conclude an Extradition Convention, the following Plenipotentiaries have been appointed:

Honduras: Miguel Hazaraona, Augusto el Coello, Luis Bogran;

United States of America: Brothel Hull, Alexander W. Uedell, I. Ruben Clark, I. Buller Reith, Spruella Braden, Miss Sophonisba R. Breckinridge;

El Salvador: Hector David Castro, Arturo Ramon Avila, I. Bipriano Castro;

Dominican Republic: Julio M. Bestero;

Haiti: Justin Barau, Francis Salgado, Antoine Pierre Paul, Edmond Mangones;

Argentina: Barlos Yavedra Llamas, Puan F. Bafferata, Ramon S. Bastillo, Carlos Brebbia, Isidoro Riose Moreno, Luis A. Rodesta Costa, Raul Prebisch, Daniel Antokolec;

Venezuela: Cesar Coumeta, Luis Burion, Jos Rafael Montilla;

Uruguay: Alberto Main Juan Yos Amezaga, Yos Lou Antun, Yian Barlos Blanco, Ienora Lofia A.V.de Pemicheli, Marlin R. Yechoyen, Luis Alberto de Herrera, Pedro Manini Rios, Mateo Marcus Castro, Rodolfo Mezzera, Octavio Morato, Luis Marcus, Zefilo Peneiro Bain, Dardo Regulez, Yos Serato, Yos Hip Varela;

Paraguay: Justo Rastor Benitez, Geronimo Riart, Horcio A. Fernandez, Senorita Maria F, Jonizales;

Mexico: Yos Manuel Rig Basaurank, Alfonso Reyes, Basilio Vadillo, Genaro V.Vasquez, Romco Ortega, Manuel J. Sierra, Eduardo Suarez;

Panama: I.D. Arosemena, Eduardo E. Holguin, Oscar R. Muller, Magin Tones;

Bolivia: Casto Rojas, David-Hvesteui, Arturo Tinto Escalier;

Guatemala: Alfredo Skinner Kleck, Yos Gonzalez Bumpo, Carlos Falazar, Manuel Arroyo;

Brazil: Afranio de mallo Franco, Lucillo A. da banja Bueno, Francisco Luis da Silva Bumpos Gilberto Amando, Carlos bagas, Sanuel Ribeiro;

Ecuador: Augusto Aguerr Aparicio, Gamberto Albornoz, Anthony Farra, Barbos Sig Vilassar, Arturo Savon;

Nicaragua: Leonardo Argello, Manuel Baulero Reyes, Carlos Cuadra Yazos;

Colombia: Alfonso Lopez, Raymundo Rivas, Yos Camacho Sarreno;

Chile: Miguel Crucaya Locornal, Octavio Sinozet Silva, Gustavo Rivera Ramon Gutierrez, Felix Nieto Delrio, Francisco Figuioro Sanchez, Benjamin Coyen;

Peru: Alfredo Solfi Muro, Felipe Barreda Laos, Louis Fernand Kisneros;

Cuba: Angel Alberto Jiraudi, Herminio Sartel Vila, Alfredo Nogueira;

who, after receiving their powers in an appropriate and lawful form, have agreed as follows:

Article 1

In accordance with the provisions of this Convention, each of the signatory States undertakes to transfer to any of the States having the right to claim accused or convicted persons who may be present on their territory. This right may be used only in the following circumstances:

(a) The requesting State has jurisdiction to convict and punish the person whose extradition is being sought.;

(b) The act for which extradition is requested is an offence and punishable under the laws of the requesting and issuing States with a minimum penalty of one year's imprisonment.

Article 2

If the person whose extradition is requested is a national of the State to which the request is addressed, the decision to extradite or not to extradite him is taken by the issuing State on the basis of its legislation or the circumstances of the case. If the accused is not extradited, the latter State is obliged to take measures against him for the crime for which he is charged, if such crime meets the conditions provided for in subparagraph (b) of the previous article. The sentence imposed must be brought to the attention of the requesting State.

Article 3

The issue is not carried out:

a) if the statute of limitations has expired prior to the arrest of the accused person for punishment or sentence in accordance with the laws of the requesting or extraditing State;

b) if the accused has served his sentence in the country where the crime was committed or if he has been pardoned or amnestied for this crime;

c) if the accused has already been convicted or is being tried by the State to which the claim was sent, for the alleged act on which the extradition request is based.;

(d) If the accused is to be brought before any extraordinary tribunal or court of the requesting State. Military courts are not considered such courts.;

e) if the crime is political or related to it. An attempt on the life and personality of the Head of State or members of his family is not considered a political crime.;

f) if the crime is only military or directed against religion.

Article 4

The decision on the application or non-application of the exceptions provided for in the previous article belongs to the exclusive prerogative of the State to which the extradition request is addressed.

Article 5

The extradition request must be formulated by the appropriate diplomatic representative. In the absence of such a representative, this function may be performed by consular agents or Governments may interact with each other directly. Each extradition request must be accompanied by the following documents in the language of the country to which the request is being sent:

a) an authentic copy of the verdict, if the accused has been convicted and sentenced by the courts of the requesting State;

b) if the person is only being charged, an authentic copy of the detention order issued by a competent judge, with an accurate description of the alleged crime, a copy of the laws applicable to it, and a copy of the laws relating to the act and punishment.;

(c) In respect of both the accused and the convicted person, all possible personal information should be provided that may help identify the person whose extradition is being requested.

Article 6

If the person whose extradition is requested is already on trial or has already been convicted in the State from which his extradition is requested for a crime committed before the extradition request, extradition must be carried out immediately, but the actual transfer of the accused to the requesting State is postponed until the end of the trial or serving of the sentence.

Article 7

If the extradition of a person is requested by several States for the same crime, preference should be given to the State in whose territory the crime was committed. If it is requested for several crimes, preference should be given to the State within whose borders the crime with the highest penalty was committed in accordance with the legislation of the issuing State.

If the various acts are considered by the State from which extradition is requested to be of equal severity, preference will be determined by the priority of the request.

Article 8

An extradition request is considered in accordance with the domestic law of the issuing State and the person whose extradition is requested has the right to use all legal remedies and remedies provided for by such legislation before judicial or administrative authorities, as provided for by the above legislation.

Article 9

Once an extradition request has been received in accordance with the procedure provided for in article 5, the State from which extradition is requested must use all necessary measures to detain the person whose extradition is requested.

Article 10

The requesting State has the right to request, by any means of communication, the preliminary or preventive detention of a person if, at least, there is a court order for his detention and if the State at the same time subsequently requests extradition. The State from which extradition is requested must immediately order the arrest of the accused. If, within a maximum of two months after notifying the requesting State of the person's arrest, that State has not sent an extradition request, the detained person shall be released and his extradition may not be requested again, except in accordance with the procedure provided for in article 5.

The requesting State is solely responsible for any damage that may result from the preliminary or preventive detention of a person.

Article 11

If, after the extradition request has been granted and the requested person has been placed at the disposal of the diplomatic agent of the requesting State, the person has not been transferred to his destination within two months of the agent's notification, he is subject to release and cannot be re-detained for the same reason.

This two-month period is reduced to forty days if the countries concerned have a common border.

Article 12

After the extradition of a person has been refused, a request for the same act cannot be made again.

Article 13

The State requesting extradition may designate one or more escorts to accompany the extradited person, but these escorts must comply with orders from the police or other authorities of the extraditing State or the Transit State.

Article 14

The transfer of the extradited person to the requesting State must be carried out at the most appropriate location at the border or at the most appropriate port if the transfer is made by sea.

Article 15

The property of the extradited person obtained by committing an unlawful act in connection with which extradition was requested or which can be used as evidence is subject to confiscation and transfer to the requesting country, even though it is impossible to transfer the accused due to any extraordinary circumstances, such as his escape or death.

Article 16

The costs of arrest, imprisonment, detention and transportation of the person and property referred to in the previous article shall be borne by the extraditing State until the time of his transfer, and after that they shall be borne by the requesting State.

Article 17

From the moment of granting the extradition, the requesting State undertakes:

(a) Not to convict or punish a person for a common criminal offence committed prior to the date of the extradition request and which was not included in the said request, except in cases where the party concerned has given its consent;

(b) Not to convict or punish a person for a political crime, or for a crime related to a political crime committed prior to the time of the extradition request;

(c) To apply to the accused a punishment preceding the death penalty in severity if, in accordance with the legislation of the country where he was hiding, the death penalty is not applied.;

(d) Provide the extraditing State with an authentic copy of the verdict.

Article 18

The Signatory States undertake to allow transit through their territory of any person whose extradition has been carried out by another State in favor of a third, requesting only the original or a certified copy of the consent by which the country in which the person was hiding carried out the extradition.

Article 19

No extradition request may be based on the provisions of this Convention if the offence was committed prior to the deposit of the instrument of ratification of this Convention.

Article 20

This Convention shall be ratified in accordance with the legal procedures normally used in each of the Signatory States and shall enter into force for each of them thirty days after the deposit of the relevant instrument of ratification. The Minister of Foreign Affairs of the Republic of Uruguay shall transmit authentic certified copies to the Governments for the aforementioned purpose of ratification. The instrument of ratification shall be deposited in the archives of the Organization of the Pan-American Union in Washington, which shall notify the signatory Governments of such deposit. Such notifications should be considered as an exchange of instruments of ratification.

Article 21

This Convention does not cancel or modify the bilateral or collective agreements that are currently in force between the signatory States. Nevertheless, if any of the above-mentioned treaties ceases to be in force, this Convention shall enter into force and apply immediately between the States concerned if each of them has fulfilled the conditions described in the previous article.

Article 22

This Convention remains in force indefinitely, but may be denounced by sending one year's notice to the Pan-American Union, which must forward it to the other signatory Governments. After the expiration of this period, the Convention shall cease to be in force for the party that denounced it, but shall remain in force for the remaining High Contracting Parties.

Article 23

This Convention is open for accession and accession by non-signatory States. The relevant instruments shall be deposited in the archives of the Pan-American Union, which shall notify the other High Contracting Parties accordingly.

IN WITNESS WHEREOF, the following Plenipotentiaries have signed this Convention in the Spanish, English, Portuguese and French languages and affixed them with their seals in the city of Montevideo, Republic of Uruguay, on December 26, 1933.

Reservations

The delegation of the United States of America, when signing this Convention on Extradition, makes reservations to the following articles:

Article 2 (second sentence, English text);

Article 3, paragraph d;

Articles 12, 15, 16 and 18.

The reservation is valid in the fact that El Salvador, despite accepting the basic principles of article 18 of the Inter-American Extradition Treaty, specifically stipulates the exception that it cannot cooperate in the transfer of its own citizens, which is prohibited under the Political Constitution by allowing the transit of these citizens through its territory if one foreign State transfers them to another.

Mexico signs the Extradition Convention, declaring in relation to paragraph 2 of article 3 that Mexico's domestic legislation does not recognize crimes against religion. She does not sign the optional clause of the Convention.

A statement from Ecuador that, with respect to the Countries with which Ecuador has signed the Extradition Conventions, it accepts the provisions specified in this treaty, established in all respects that do not contradict the aforementioned Conventions.

I confirm the authenticity of the text of the Extradition Convention signed in Montevideo on December 26, 1933 in Spanish, English, Portuguese and French with the text in Russian.

Head of the International Cooperation Department Prosecutor General's Office of the Republic of Kazakhstan

G.Koigeldiev

RCPI's note! The text of the Agreement is attached in Spanish, English, Portuguese and French.

President

Republic of Kazakhstan

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