On the ratification of the Convention on the Transfer of Persons Suffering from Mental Disorders for Compulsory Treatment

Home / RLA / On the ratification of the Convention on the Transfer of Persons Suffering from Mental Disorders for Compulsory Treatment

The Law of the Republic of Kazakhstan dated November 19, 2013 No. 141-V SAM

To ratify The Convention on the Transfer of Persons Suffering from Mental Disorders for Compulsory Treatment, done in Moscow on March 28, 1997.

President of the Republic of Kazakhstan N. NAZARBAYEV

CONVENTION on the Transfer of Persons Suffering from Mental Disorders for Compulsory Medical Treatment

Officially certified text

CONVENTION on the Transfer of Persons Suffering from Mental Disorders for Compulsory Medical Treatment

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Contracting Parties, proceeding from the principle of State sovereignty and on the basis of mutual respect and cooperation, guided by the fact that the legal cooperation of States should facilitate the return of persons undergoing compulsory medical treatment to a normal life in society, recognizing that compulsory medical treatment in their State of permanent residence has contributed to to achieve this goal more effectively in accordance with the principles and standards of the United Nations,

We have agreed on the following:

Article 1

Citizens of each of the Contracting Parties who have committed socially dangerous acts in a state of insanity, in respect of whom there is a court decision on the application of compulsory medical measures to them in the territory of the other Contracting Party, by mutual agreement of these Contracting Parties, are transferred for compulsory treatment to the State of which they are citizens or in whose territory they permanently reside (if they are stateless persons).

Article 2

The transfer of a person for compulsory treatment is carried out if: a) the court's decision on the application of compulsory medical measures has entered into force; b) the person sent for compulsory treatment has committed an act that is criminalized under the legislation of both Contracting Parties; c) the legislation of both Contracting Parties provides for similar medical measures; d) the receiving Contracting Party has the opportunity to provide the necessary treatment and appropriate security measures; e) the consent of the patient has been obtained, and in the case of his inability to freely express his will, the consent of his legal representative.

Article 3

The transfer of persons for compulsory medical treatment is carried out at the request of both the Contracting Party whose court issued the decision and the Contracting Party of which the person is a citizen or in whose territory he permanently resides. The authorized person making the appeal on behalf of the Contracting Parties is the head of the competent authority or his deputy. A person subject to compulsory medical treatment, his legal representative, as well as close relatives have the right to send a statement of their interest in transfer to the competent authorities of either Contracting Party.

Article 4

The request must be made in writing. It is accompanied by: a) a copy of the identity document being transferred; b) certified copies of the court decision on the application of compulsory medical measures to the person and the document on its entry into force; c) certified copy of the act of forensic psychiatric examination; d) certified copy of the act of psychiatric examination for changing the type of treatment; e) VTEK certificate; f) the text of the articles of the criminal law on the basis of which the person was charged; g) the written consent of the patient or his legal representative to transfer for compulsory treatment to the state of which he is a citizen or in whose territory he has a permanent place of residence; h) an application from close relatives, if any; i) documents certifying the patient's nationality, permanent and temporary place of residence; k) information about the relatives of the patient; k) other documents and information, if deemed necessary by the Contracting Parties; m) a certified translation of the application and the documents attached to it.

Article 5

The decision on consent (refusal) and transfer or acceptance of a person is made by the head of the competent authority no later than 40 days from the date of receipt of the request and is sent to the head of the competent authority of the other Contracting Party. The decision is notified in writing to the person in respect of whom the appeal has been sent, or to his legal representative.

Article 6

The competent authorities of the Contracting Parties shall communicate directly with each other on the issues of this Convention. Each Contracting Party shall inform the depositary of the name of its competent authority.

Article 7

The place, time and procedure for the transfer of a person are determined by agreement between the competent authorities of both Contracting Parties. The transfer is carried out taking into account that the transportation does not adversely affect the patient's condition, does not lead to escape or commit any dangerous act.

Article 8

Each Contracting Party shall permit transit transportation through its territory of persons transferred in accordance with this Convention to a third Contracting Party. Such transportation is permitted at the request of the State of which the person is a national.

Article 9

The costs associated with the transfer of a person that arose prior to his transfer are borne by the Contracting Parties from which they arose. The subsequent costs associated with the transfer of a person, including his transit, are borne by the Contracting Party that accepted the person for compulsory treatment.

Article 10

Only the Contracting Party to the decision may review the court's decision in respect of the transferred person. A person sent for compulsory medical treatment may not be brought to criminal responsibility again in the Contracting Party that accepted him for treatment for the same act for which he was declared insane, except in the cases provided for in paragraph 3 of this Article. If, after the transfer of a person for compulsory treatment, the court decision in the Contracting Party where it was issued 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 necessary documents are sent to the Contracting Party that accepted the person in order to resolve the issue of bringing him to justice under the legislation of that Contracting Party.. In the event of a change in the court's decision, the Contracting Party in which it was rendered shall immediately inform the Contracting Party that accepted the person for compulsory medical treatment. According to the conclusion of the medical commission, if it is necessary to cancel or change compulsory medical measures, taking into account changes in the mental state of the person undergoing compulsory treatment, the relevant decision on the cancellation or change of compulsory medical measures may be taken by the court of the Contracting Party that transferred the person for compulsory treatment, or the court of the Contracting Party at the place of compulsory treatment. The other Contracting Party shall be notified in writing of the decision taken.

Article 11

The provisions of this Convention shall also apply to persons sent for compulsory medical treatment prior to the entry into force of the Convention.

Article 12

This Convention is open for accession by other States with the consent of the Contracting Parties. For the acceding Parties, the Convention enters into force on the thirtieth day after the receipt by the depositary of the last notification of consent to such accession.

Article 13

This Convention shall enter into force on the date of its signature. For Contracting Parties whose legislation requires the implementation of internal procedures necessary for its entry into force, from the date of delivery of the relevant notification to the depositary. The Contracting Parties shall notify the depositary of the need to carry out such procedures within three months from the date of signing this Convention. The Convention is concluded for a period of five years. After this period, the Convention is automatically extended for the next five-year period.

Article 14

Each Contracting Party may withdraw from this Convention by giving written notification to the depositary. The Convention for that Contracting Party shall cease to be in force three months after the notification of withdrawal is received by the depositary.

Done in Moscow on March 28, 1997, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Convention.

For the Republic of Azerbaijan For the Republic of Moldova

For the Republic of Armenia For the Russian Federation

For the Republic of Belarus For the Republic of Tajikistan

For Georgia For Turkmenistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic For Ukraine

RESERVATION OF UKRAINE

to the Convention on the Transfer of Persons Suffering from Mental Disorders for Compulsory Treatment.

"In Part 3 of Article 10, after the words "and other necessary documents", add: "after performing all investigative and other procedural actions possible in the absence of a person suffering from a mental disorder."

President of Ukraine Leonid Kuchma

I hereby certify that the attached text is an authentic copy of the Convention on the Transfer of Persons Suffering from Mental Disorders for Compulsory Treatment, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which was held on March 28, 1997 in Moscow. The original copy of the aforementioned Convention is kept at the Executive Secretariat of the Commonwealth of Independent States.

Deputy Executive Secretary The Commonwealth of Independent States A. Kadyrov

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases