On the ratification of the Extradition Treaty between the Republic of Kazakhstan and the Republic of Cyprus

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The Law of the Republic of Kazakhstan dated November 7, 2023 No. 37-VIII SAM

To ratify the Extradition Treaty between the Republic of Kazakhstan and the Republic of Cyprus, concluded in Nicosia on October 20, 2022.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

THE AGREEMENT between the Republic of Kazakhstan and the Republic of Cyprus on extradition

The Republic of Kazakhstan and the Republic of Cyprus, hereinafter referred to as the "Contracting States",

Desiring to promote and strengthen bilateral cooperation in extradition matters,

have agreed on the following:

Article 1 Obligation of extradition

Each Contracting State, at the request of the other Contracting State, undertakes, in accordance with the terms of this Treaty and its legislation, to extradite any person located in its territory who is wanted by the competent authorities of the Requesting Contracting State for the purpose of criminal prosecution or enforcement of an effective court sentence for extraditable offences.

Article 2 Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, in accordance with the national criminal legislation of both Contracting States, are criminally punishable and for which a penalty of imprisonment of at least one (1) year or more is provided.

2. If the extradition request relates to a person who is wanted for the execution of a court sentence of imprisonment for any extraditable offence, extradition is possible only if he has been sentenced to imprisonment for a period of at least six (6) months or more.

3. In defining an offence in accordance with paragraph 1 of this article, it does not matter whether the national legislation of the Contracting States classifies the act constituting the offence into a similar category of offences or whether the offence is designated by the same or different terminology.

4. Extradition is carried out if the offence was committed outside the territory of the Requesting Contracting State, provided that the national legislation of the Requested Contracting State provides for criminal prosecution for offences committed outside its territory under the same circumstances.

5. If the request for the extradition of a person relates to two or more offences, each of which is punishable under the national legislation of both Contracting States and some of which do not contain the features provided for in paragraphs 1 and 2 of this Article, the requested Contracting State may authorize the extradition of the person in respect of all offences.

Article 3 Mandatory grounds for refusal of extradition

The issue should be refused if:

(a) The requested Contracting State considers that the offence for which extradition is sought is a political offence;

(b) The requested Contracting State has reasonable grounds to believe that the extradition request is for a common criminal offence for the purpose of prosecuting or punishing a person on the basis of race, religion, nationality, sex, social status, ethnicity, political beliefs, or that the situation of that person may be significantly worsened for these reasons.;

(c) The offence for which extradition is requested is punishable by death under the law of the Requesting Contracting State, but is not punishable by death under the law of the Requested Contracting State, unless the Requesting Contracting State provides the requested Contracting State with sufficient guarantees that the death penalty will not be imposed on the person whose extradition is requested; and in case of appointment, it will not be carried out.;

(d) The requested Contracting State has reason to believe that in the Requesting Contracting State a person wanted for a crime has been or will be subjected to punishment or any other act or omission that does not ensure respect for fundamental human rights, including protection from cruel, inhuman or degrading treatment;

e) at the time of receipt of the request, criminal prosecution under the national law of the Requested Contracting State cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other reasons in accordance with the national law of the Requested Contracting State. When calculating the limitation periods, the Requested Contracting State must take into account any actions or circumstances related to the interruption or suspension of these periods that have arisen in the territory of the Requesting Contracting State.;

(f) The person whose extradition is requested has already been convicted of the same acts by the competent authorities of the Requested Contracting State.;

(g) The person whose extradition is requested has been granted asylum by the requested Contracting State;

(h) The requested Contracting State considers that the extradition of the person is detrimental to sovereignty, national security, public order or other essential interests, or contrary to its national legislation or international obligations;

i) the crime is solely related to the violation of military duties.

Article 4 Optional grounds for refusal of extradition

Extradition may be refused on the basis of any of the following circumstances:

(a) If the offence for which extradition is requested has been committed in the territory of the Requested Contracting State and falls under its jurisdiction, and the wanted person is under investigation and will be prosecuted by the competent authorities of the Requested Contracting State for the same offence for which extradition has been requested;

(b) If the Requested Contracting State, taking into account the gravity of the offence and the interests of the Requesting Contracting State, considers that the extradition of the person would be incompatible with considerations of humanity due to the age, health or other personal circumstances of the person sought. In these cases, instead of refusing extradition, the Requested Contracting State has the right to delay extradition until the reasons for believing that extradition will have grave consequences for the wanted person are eliminated. For this purpose, the Requested Contracting State must consult with the Requesting Contracting State before making a decision.;

(c) The offence for which extradition has been requested was committed outside the territory of the Requested Contracting State, but was directed against its interests.

Article 5 Extradition of own citizens

1. The extradition of own nationals of the Contracting States is not allowed.

2. The requested Contracting State may, at the request of the Requesting Contracting State, prosecute a person or undertake the enforcement of an effective sentence imposed by the Requesting Contracting State in accordance with its national legislation. For this purpose, the requesting Contracting State, through the central authorities referred to in article 6 of this Treaty, shall provide the criminal case, court decisions, evidence and any other relevant documents and information at its disposal.

3. The requested Contracting State shall promptly inform the Requesting Contracting State of the actions taken upon request, of the further judicial proceedings in the case and of the final procedural decision taken.

4. If the person to be extradited acquired the nationality of the Requested Contracting State prior to the transfer, the provisions of paragraph 2 of this article shall apply.

Article 6 Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly.

2. The central authorities are:

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

For the Republic of Cyprus, the Ministry of Justice and Public Order.

3. Each Contracting State shall inform the other through diplomatic channels of any changes and additions regarding the central authorities.

Article 7 Request for extradition and attached documents

1. An extradition request shall be drawn up in writing and contain the following:

a) first and last name, date of birth, gender, nationality, information about the identity document and any other information that may contribute to the identification of the wanted person and his location, as well as, if available, identification data, photographs and fingerprints;

(b) Information on the circumstances of the crime for which extradition is requested, indicating the date and place of its commission;

(c) The text of the relevant law defining the crime and the penalty prescribed for such crime, in connection with which extradition is requested;

(d) The text of the relevant law relating to the limitation of the time of criminal prosecution or execution of punishment, and information on its application to the crime for which extradition is requested;

(e) The text of the relevant law providing for the jurisdiction of the Requesting Contracting State for the offence for which extradition is requested, which was committed outside the territory of the Requesting Contracting State.

2. In addition to the provisions of paragraph 1 of this article, an extradition request shall be accompanied by:

(a) An original or a copy of an arrest warrant or other order having the same force, issued in accordance with the laws of the Requesting Contracting State and certified by its competent authority, if the request is related to criminal prosecution;

(b) A copy of the final judgment of the court certified by the competent authority of the Requesting Contracting State and a document indicating the period of the sentence that has already been served and is yet to be served, if the request is related to the execution of the sentence.

3. If a person has been convicted in absentia, extradition may be granted if the Requesting Contracting State provides the requested Contracting State with guarantees that the person in question has the right to a retrial in order to ensure his right to protection.

Article 8 Additional information

1. If the information accompanying the extradition request is insufficient for the Requested Contracting State to make a decision in accordance with this Treaty, the Requested Contracting State may request additional information. The requested additional information must be provided in each case within the time limits agreed by the parties.

2. If the wanted person is in custody and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person upon receipt of the requested additional information in the future.

3. If the wanted person is released from custody in accordance with paragraph 2 of this Article, the requested Contracting State must inform the Requesting Contracting State thereof within three (3) days from the date of release.

Article 9 The validity of documents

1. Documents certified by the central or authorized authorities of the Contracting States must be acceptable in the procedure for the extradition of a wanted person without further certification, authentication or legalization.

2. The request for extradition of the wanted person and the necessary documents must be drawn up in the language of the Requesting Contracting State and accompanied by a certified translation into the language of the Requested Contracting State or into English.

Article 10 Decision on extradition request

1. The requested Contracting State shall decide on the extradition request in accordance with the provisions of this Treaty and its domestic law, and shall promptly inform the Requesting Contracting State of its decision.

2. If the requested Contracting State refuses the extradition request in whole or in part, it must justify its decision.

3. In case of refusal of extradition on formal grounds, the requesting Contracting State has the right to send a new extradition request. When submitting a new extradition request, these formalities must be taken into account. This provision does not apply to refusals of extradition based on a court decision on applications.

4. The requested Contracting State, in accordance with its national legislation, shall grant the extradition of a wanted person after receiving a request for preliminary arrest from the Requesting Contracting State, provided that the wanted person voluntarily consents to his extradition to the competent authority of the Requested Contracting State. Such consent cannot be revoked.

Article 11 Special rule

1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, conviction, or punishment or any other measure of restriction of liberty for any other crime committed prior to his extradition, other than the one for which he was extradited, except in the following cases:

(a) If the person has waived the guarantees provided for in paragraph 1 of this article;

b) if the crime is committed after extradition;

(c) If the extradited person has left the territory of the Requesting Contracting State after his extradition and returned voluntarily;

d) if the extradited person has not left the territory of the Requesting Contracting State within forty-five (45) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person could not leave the territory of the Requesting Contracting State for reasons beyond his control.;

e) if the requested Contracting State has given its consent to this, for which a request is sent with the attachment of the documents specified in Article 7 of this Treaty and a statement made by the said person on this issue. The requested Contracting State agrees if, in each specific case, the conditions for extradition established by this Treaty are met. Pending a decision on the request, the extradited person may be detained in the Requesting Contracting State in accordance with its national legislation.

2. Without the consent of the Requested Contracting State, the Requesting Contracting State may not extradite or transfer a person, in accordance with this Treaty, to a third State for any crime committed prior to his extradition.

3. The requested Contracting State has the right to request the provision of the documents specified in Article 7 of this Treaty.

Article 12 Arrest for the purpose of extradition

1. In case of urgency, upon request for preliminary arrest of the Requesting Contracting State, the wanted person may be arrested by the competent authorities of the Requested Contracting State before receiving the extradition request.

2. A request for pre-trial arrest may be sent directly between central authorities or with the assistance of the International Criminal Police Organization (INTERPOL) and may be transmitted using electronic means of communication. The original request must be sent simultaneously by mail.

3. The request for preliminary arrest must contain:

a) a description of the wanted person, including identification data and information about his nationality;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

(e) An assurance of the existence of a court order or warrant for the arrest of the wanted person or an existing sentence; and

(f) Guarantees that the request for extradition of the wanted person will be submitted as soon as possible.

4. The requested Contracting State shall immediately inform the Requesting Contracting State of the results of the examination of its request.

5. If, after thirty (30) days from the date of arrest, the central authority of the Requested Contracting State has not received the extradition request and the documents specified in Article 7 of this Treaty, the arrested person shall be released. At the request of the Requesting Contracting State, this period may be extended up to forty-five (45) days.

Such release of a person does not preclude re-arrest for the purpose of extradition if the requested Contracting State subsequently receives an extradition request.

Article 13 Requests for extradition from several States

1. If the Requested Contracting State receives requests for extradition against the same person from two or more States, including the Requesting Contracting State, for the same or for different offences, the Requested Contracting State shall decide which State to extradite that person to.

2. When making a decision in accordance with paragraph 1 of this Article, the requested Contracting State must take into account all relevant circumstances, in particular:

(a) The place and time of the commission of the crime;

(b) Interests of the requesting States;

d) the nationality of the wanted person;

(e) The possibility of subsequent extradition between the requesting States or any other State; and

f) the dates of receipt of requests.

Article 14 Transfer of the extradited person

1. If the extradition request is granted, the Contracting States shall immediately agree on the date, place and any other relevant conditions related to the transfer. The requesting Contracting State shall be informed of the length of the period during which the wanted person was held in custody for the purpose of extradition. This period is deducted from the term of possible imprisonment.

2. The time period for the transfer of the extradited person is thirty (30) days from the date of the final decision on granting the extradition request.

3. If, during the period specified in paragraph 2 of this Article, the Requesting Contracting State does not accept the extradited person, the requested Contracting State shall immediately release that person and shall have the right to reject a new extradition request against that person for the same offence, except in cases where paragraph 4 of this article applies.

4. In circumstances beyond the control of the Contracting States that prevent the transfer or receipt of the extradited person, the central authorities must agree on a new date and other necessary conditions for the transfer. In this case, the provisions of paragraph 3 of this article shall apply.

5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court sentence and returned to the territory of the Requested Contracting State, that person may be re-extradited on the basis of a new extradition request. In this case, the documents listed in Article 7 of this Agreement are not required to be submitted to the request for extradition.

Article 15 Postponement or temporary extradition

1. If a wanted person is being prosecuted in the Requested Contracting State or is serving a sentence for committing a crime other than the one for which extradition is requested, the Requested Contracting State has the right, after deciding on the extradition of the person, to delay his transfer until the end of the trial or until the full execution of the court verdict. In the event of such a delay, the Requested Contracting State shall immediately notify the Requesting Contracting State.

2. If the postponement of extradition may significantly complicate the investigation of the case or lead to the expiration of the statute of limitations, upon request of the Requesting Contracting State, the Requested Contracting State may temporarily extradite the wanted person on mutually agreed terms. A person who has been temporarily extradited must be held in custody during the period of his stay in the territory of the Requesting Contracting State and be transferred back to the Requested Contracting State within the time period agreed by the parties. The time spent in custody of a person shall be counted towards the total period of execution of the sentence of the court of the Requested Contracting State.

3. The transfer of the extradited person may also be postponed if, due to the health condition of the person, his life may be endangered or his health condition worsens. In this case, the Requested Contracting State must provide the Requesting Contracting State with a detailed medical report issued by its competent medical institution.

Article 16 Seizure and transfer of objects and documents

1. At the request of the Requesting Contracting State, the requested Contracting State must, in accordance with its national legislation, seize, confiscate and transfer any items and documents found on its territory that were obtained as a result of a crime or may serve as evidence. In this case, the items and documents are transferred to the Requesting Contracting State, if possible, during the transfer of the extradited person.

2. With the consent of the Requested Contracting State, the items and documents referred to in paragraph 1 of this Article may be transferred at the request of the Requesting Contracting State, even if extradition is impossible due to the death or escape of the extradited person.

3. For the purpose of conducting other criminal proceedings, the requested Contracting State may temporarily delay the transfer of the items and documents referred to in paragraph 1 of this Article or transfer them on the terms of return.

4. The transfer of seized or confiscated items and documents to the Requesting Contracting State shall be carried out without prejudice to the rights of the Requested Contracting State or third parties. At the request of the Requested Contracting State or a third Party, the Requesting Contracting State shall immediately return the received property and documents free of charge, respecting the rights of the parties to such property, within one (1) month after the completion or termination of the judicial proceedings, unless the Contracting States agree otherwise.

Article 17 Transit

1. The Contracting States, in accordance with their national legislation and without prejudice to their interests, have the right to allow transit through their territory of persons extradited to another Contracting State by a third State.

2. To this end, the Requesting Contracting State shall send to the Requested Contracting State, through a central authority or, in urgent cases, through the International Criminal Police Organization (INTERPOL), a transit request containing the identification data of the person being transported, information on his nationality and a summary of the circumstances of the case. The transit request is accompanied by a copy of the document confirming the person's extradition.

3. The requested Contracting State must detain the person being transported within its territory.

4. A transit permit is not required if it is carried out by air and landing on the territory of the transit State is not provided. In the event of an unplanned landing on the territory of the transit State, the transit State shall immediately notify the transit State, and the transit State shall detain the person being transported for up to fifteen (15) days pending a transit request.

5. If no transit request is received within the time limits specified in paragraph 4 of this Article, the person shall be released, unless otherwise agreed by the Contracting States.

Article 18 Expenses

1. The costs associated with the implementation of this Treaty shall be covered in accordance with its national legislation by the Contracting State in whose territory they originated. The costs associated with the transfer of the extradited person shall be borne by the Requesting Contracting State.

2. The costs of transit shall be borne by the Requesting Contracting State.

3. The costs of detaining a person during his transit shall be borne by the Requested Contracting State.

Article 19 Informing about the results

The requesting Contracting State shall provide the Requested Contracting State with information on the criminal prosecution, judicial proceedings or the enforcement of a court sentence against the extradited person, or information on the extradition of the extradited person to a third State.

Article 20 Relationship of this treaty with other international agreements

This Treaty does not affect the rights and obligations of the Contracting States arising from any relevant or similar international agreements to which they are parties.

Article 21 Settlement of disputes

Any disagreement arising in the course of the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States.

Article 22 Final provisions

1. This Treaty is subject to ratification in accordance with the internal procedures of each of the parties.

2. This Treaty shall be concluded for an indefinite period and shall enter into force on the date of receipt of the last notification through diplomatic channels that the Contracting States have completed the procedures necessary for its entry into force.

3. This Treaty may be amended and supplemented by mutual agreement of the Contracting States, which are its integral parts, which are formalized in separate protocols and enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

4. This Treaty shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Contracting States of a written notification from the other Contracting State of its intention to terminate this Treaty.

5. In the event of termination of this Agreement, any extradition procedures that were initiated during its validity period will remain in force until they are fully implemented.

This Treaty, consisting of one preamble and twenty-two (22) articles, was signed in Nicosia on October 20, 2022, in two copies, each in Kazakh, Greek and English, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the English text shall prevail.

IN this REGARD, the undersigned, being duly authorized to do so, have signed this Agreement.

For the Republic of Kazakhstan

For the Republic of Cyprus

2022 zhylgy 20 kazanda Nikosiyada kazak, Greek zhane agylshyn tilderinde kol koylgan Kazakhstan Republikasi men Cyprus Republikasi arasindagi ustap beru turaly shart matinin orys tilindegi matinge dalme-daldigin rastaymyn.

I confirm the authenticity of the text of the Extradition Treaty between the Republic of Kazakhstan and the Republic of Cyprus, signed in Nicosia on October 20, 2022 in Kazakh, Greek and English, with the text in Russian.

Head of the Service

international legal cooperation

The General Prosecutor's Office

Republic of Kazakhstan

N. Suindikov

President

Republic of Kazakhstan

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