On the ratification of the Treaty on Extradition between the Republic of Kazakhstan and the Republic of North Macedonia

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The Law of the Republic of Kazakhstan dated May 11, 2021 No. 37-VII SAM.

To ratify the Treaty between the Republic of Kazakhstan and the Republic of North Macedonia on the Extradition of Persons, signed in Skopje on August 22, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

The Agreement between the Republic of Kazakhstan and the Republic of North Macedonia on the extradition of persons

The Republic of Kazakhstan and the Republic of North Macedonia, hereinafter referred to as the "Contracting Parties",

Desiring to ensure more effective cooperation in combating crime and to regulate relations between the two States in the field of extradition,

Emphasizing that nothing in this Treaty should prejudice the rights and obligations of the Republic of Kazakhstan and the Republic of North Macedonia arising from international law,

We have agreed on the following:

ARTICLE 1 OBLIGATION TO EXTRADITE A PERSON

Each Contracting Party undertakes, in accordance with the provisions of this Treaty, to extradite persons located on its territory who are wanted by the Requesting Contracting Party for criminal prosecution or for the enforcement of a court sentence for extraditable offences.

ARTICLE 2 EXTRADITION OFFENCES

1. For the purposes of this Treaty, extraditable offences are those offences which, at the time of sending the request, are criminally punishable in accordance with the laws of the Contracting Parties and for which a penalty of at least 1 year's imprisonment or a more severe penalty is provided.

2. If the extradition request relates to a person sentenced to imprisonment by a court of the Requesting Contracting Party for any crimes leading to his extradition, extradition is possible only if the person's unserved sentence is at least 6 months.

3. For the purposes of this article, to determine whether the committed act is a crime in accordance with the laws of both Contracting Parties.:

(a) It does not matter whether, according to the legislation of the Contracting Parties, the acts committed fall under the same category of crimes or whether the crime committed is called by the same or different terminology; and

(b) The acts of the person whose extradition is requested are taken into account as a whole and it does not matter if the constituent elements of the offence differ according to the legislation of the Contracting Parties.

4. If the extradition of a person is requested for crimes related to violations of legislation in the field of taxation, financial obligations, customs duties or currency regulation, the extradition of a person may not be refused on the grounds that the legislation of the Requested Contracting Party does not contain similar provisions on taxation, financial obligations, customs duties or currency regulation, which and the legislation of the Requesting Contracting Party.

5. If the crime was committed outside the territory of the Requesting Contracting Party, the extradition of the person must be granted if the legislation of the Requested Contracting Party provides for punishment for crimes committed outside its territory under the same circumstances.

6. If the request for the extradition of a person relates to several crimes, each of which is punishable by the laws of both Contracting Parties, but some of them do not contain the features specified in paragraphs 1 and 2 of this Article, the Requested Contracting Party has the right to authorize the extradition of the person in respect of all crimes.

ARTICLE 3 REFUSAL OF EXTRADITION

1. Within the framework of this Agreement, the extradition of a person is not carried out in the following circumstances:

(a) In the case where, according to the legislation of the Requesting Contracting Party, an extraditable offence is punishable by death, unless the Requesting Contracting Party provides the Requested Contracting Party with sufficient guarantees that the death penalty will not be imposed on the wanted person, and if imposed, will not be carried out.;

(b) In the event that the wanted person is charged, convicted, acquitted or the criminal prosecution against him is terminated in the territory of the Requested Contracting Party for the offence for which his extradition is required.;

(c) If the statute of limitations has expired under the law of the Requested Contracting Party, if the same offence would have been committed in its territory;

(d) If the person whose extradition is required is a national of the Requested Contracting Party;

e) in the case when the crime for which extradition of a person is requested is being investigated under the legislation of the Requested Contracting Party due to the fact that it was completely partially or in whole on its territory.;

(f) The requested Contracting Party, taking into account the gravity of the crime and the interests of the Requesting Contracting Party, considers that, due to the personal circumstances of the person sought, his extradition would be incompatible with the principles of humanity.;

(g) If the act in connection with which the extradition of a person is requested is classified under the legislation of the Requested Contracting Party as a military offence, which is not an offence under ordinary criminal law.;

(h) Where the Requested Contracting Party has reasonable grounds to believe that the extradition request is being submitted for the purpose of charging or punishing the wanted person for reasons of race, religion, gender, nationality or political reasons, or that the person may be convicted for any of these reasons.;

i) if the crime for which the person is being requested is considered by the Requested Contracting Party as a political crime or as an offence related to a political crime;

(j) If the extradition of a person is requested in order to present him before an extraordinary court, or for the purpose of executing a sentence or corrective measure ordered by such court.;

(k) If the Requested Contracting Party considers that the extradition of a person may prejudice sovereignty, national security, public order, or contradict its constitution or legislation.;

(l) If the person whose extradition is requested has been granted asylum by the requested Contracting Party.

2. The reasons for refusal must be motivated.

ARTICLE 4 CRIMINAL PROSECUTION IN CASE OF REFUSAL OF EXTRADITION

1. If the extradition of a person is refused solely on the basis of the nationality of the wanted person, the Requested Contracting Party must, at the request of the Requesting Contracting Party, subject that person to criminal prosecution. For this purpose, the Requested Contracting Party has the right to request the Requesting Contracting Party to send the relevant documents.

2. The requested Contracting Party shall promptly inform the Requesting Contracting Party of the actions taken on such request and of the outcome of the proceedings.

ARTICLE 5 POSTPONEMENT OF EXTRADITION OR TEMPORARY EXTRADITION

1. If the person whose extradition is requested has been brought to criminal responsibility or is serving a sentence for another crime in the territory of the Requested Contracting Party, the extradition of the person may be postponed until the end of the proceedings, serving the sentence or release from punishment. In this case, the Requested Contracting Party must notify the Requesting Contracting Party.

2. If the delay in the extradition of a person may lead to the expiration of the statute of limitations or seriously complicate the investigation of a crime, the Requested Contracting Party may, at the request of the Requesting Contracting Party and in accordance with its legislation, temporarily extradite the person whose extradition is requested.

3. A person who has been temporarily extradited must be immediately returned to the Requested Contracting Party upon completion of the criminal proceedings, but no later than 90 days after the date of his transfer. Upon request, the requested Contracting Party may extend the period of temporary extradition of a person, if there are sufficient grounds for such an extension.

ARTICLE 6 CENTRAL AUTHORITIES

1. For the purposes of this Treaty, the central authorities designated by the Contracting Parties shall interact with each other directly, through diplomatic channels, or through the International Criminal Police Organization (Interpol).

2. The central authorities are:

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

for the Republic of North Macedonia - the Ministry of Justice of the Republic of North Macedonia.

3. Each Contracting Party shall inform the other Contracting Party through diplomatic channels of any changes related to the central authorities or the transfer of their functions to other bodies.

ARTICLE 7 REQUEST FOR EXTRADITION AND NECESSARY DOCUMENTS

1. An extradition request must be made in writing, stamped by the central authority of the Requesting Contracting Party and contain the following:

a) first and last name, date of birth, gender, nationality information, if known, 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 in connection with which the extradition request was sent, indicating the date and place of its commission;

(c) The text of the relevant law defining the offence for which extradition has been requested and imposing penalties for it;

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

(e) When the offence for which extradition is requested has been committed outside the territory of the Requesting Contracting Party, the text of the relevant law providing for the jurisdiction of the Requesting Contracting Party over such offence.

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

(a) If the request is related to criminal prosecution, it shall be accompanied by copies certified by the court or the competent authority of the Requesting Contracting Party of the decision on the qualification of the suspect's act or indictment, as well as the court's decision or arrest warrant.;

(b) If the request is related to the execution of the sentence, it shall be accompanied by a copy of the final judgment of the court, certified by the court or the competent authority of the Requesting Contracting Party, and, if necessary, a certificate of the parts of the sentence served and to be served.

3. If a person has been convicted in absentia, an extradition request may be granted if the Requesting Contracting Party provides the Requested Contracting Party with guarantees that the person has the right to a retrial, guaranteeing the right to defense.

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

5. Such a request can be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

ARTICLE 8 ADDITIONAL INFORMATION

1. If the Requested Contracting Party considers that the information provided in the extradition request is insufficient to consider the extradition request in accordance with this Treaty, it may request additional information within a specified time period.

2. If the person whose extradition is requested is under arrest and the additional information provided is insufficient or has not been received within the agreed time period, the person may be released from custody. Such an exemption should not prevent the Requesting Contracting Party from submitting a new extradition request.

3. If a person is released from custody in accordance with paragraph 2 of this Article, the requested Contracting Party must promptly notify the Requesting Contracting Party.

ARTICLE 9 EXTRADITION (PRELIMINARY) ARREST

1. In urgent cases, one of the Contracting Parties may request the extradition (preliminary) arrest of a wanted person before submitting an extradition request. Such a request may be submitted in accordance with the procedure provided for in paragraph 5 of Article 7 of this Agreement.

2. A request for an extradition (preliminary) arrest must be made in writing and must contain:

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

b) the location of the wanted person, if known;

d) copies of the relevant legislative acts on the basis of which the act is recognized as a crime, indicating the statutory penalty for the crime, as well as articles of the law on the statute of limitations;

(e) Confirmation of the existence of orders of arrest or detention, or of a court verdict that has entered into force; and

(f) A guarantee that a request for the extradition of a wanted person will be submitted.

3. Upon receipt of such a request, the Requested Contracting Party must take the necessary measures to arrest the wanted person and immediately notify the Requesting Contracting Party of the results.

4. The arrested person may be released if the Requesting Contracting Party has not provided the necessary documents specified in Article 7 of this Treaty within 40 days from the date of arrest. Such an exemption will not prevent the consideration of a request for the extradition of a wanted person, if the request is subsequently received.

ARTICLE 10 SIMPLIFIED EXTRADITION PROCEDURE

If the wanted person notifies the court or other competent authorities of the Requested Contracting Party that he agrees to extradition, the Requested Contracting Party must take all necessary measures to speed up the extradition procedure, if provided for by its legislation.

ARTICLE 11 RE-EXTRADITION OF A PERSON

If the extradited person returns to the territory of the other Contracting Party before finally serving his sentence in the territory of the Requesting Contracting Party for the crime for which he was extradited, he may be extradited again on the basis of a request from the Requesting Contracting Party. In such cases, the provision of the documents provided for in Article 7 of this Treaty is no longer required.

ARTICLE 12 COMPETING REQUESTS

1. If the extradition of one person is requested by two or more States, the Requested Contracting Party must determine which State the person will be extradited to, notifying that State as well as the other Requesting Contracting Party of its decision.

2. When determining the State to which a person is to be extradited, the Requested Contracting Party must take into account all factors, including but not limited to the following:

a) the nationality of the wanted person;

b) whether the requests were made in accordance with an international agreement;

(d) The gravity of the crimes committed;

(e) The possibility of further extradition between requesting States;

f) dates of submission of requests.

ARTICLE 13 TRANSFER OF A PERSON

1. The requested Contracting Party is obliged, as soon as a decision on the extradition request is made, to inform the Requesting Contracting Party immediately.

2. The requested Contracting Party must transfer the wanted person to the Requesting Contracting Party in the territory of the Requested Contracting Party in a place acceptable to both Contracting Parties.

3. The requesting Contracting Party must remove the person from the territory of the Requested Contracting Party within a time period to be determined by the Requested Contracting Party, and if the person is not removed within that time period, the Requested Contracting Party has the right to release the person from custody and refuse to extradite him for the same offence.

4. If exceptional circumstances prevent the Requesting Contracting Party from removing the extradited person, the other Contracting Party shall be notified, and in this case the conditions specified in paragraph 3 of this Article shall not apply. In such a case, the Contracting Parties must mutually agree on a new date for the transfer of the person in accordance with this article.

ARTICLE 14 TRANSFER OF PROPERTY AND OBJECTS

1. If the extradition request is granted, all property found in the territory of the Requested Contracting Party that was acquired by the extradited person as a result of a crime or may be required as material evidence must be transferred upon request to the Requesting Contracting Party.

2. At the request of the Requesting Contracting Party, the above-mentioned property and items must be transferred to it, even if the extradition of the person cannot be granted due to the death or escape of the wanted person.

3. If the property and objects referred to in paragraph 1 of this Article are required for the investigation of a criminal case by the Requested Contracting Party, it may temporarily postpone their transfer until the end of the criminal proceedings.

4. If the legislation of the Requested Contracting Party or the protection of the rights of third Parties require it, any transferred property and items must be returned free of charge to the Requested Contracting Party upon its request.

ARTICLE 15 SPECIAL RULE

1. An extradited person may not be detained, charged or convicted in the Requesting Contracting Party, except for:

a) a crime for which the extradition of a person has been granted or for a crime with a different name based on the same facts for which the extradition of a person has been granted;

(b) An offence committed after the extradition of the person; or

c) if the requested Contracting Party has given its consent, for which a request is sent with the attachment of the documents specified in Article 7 of this Treaty and the testimony made by the said person in connection with the relevant crime. The requested Contracting Party agrees if, in each specific case, the conditions of extradition established by this Agreement are met.

2. Without the consent of the Requested Contracting Party, the extradited person may not be extradited to a third State for a crime committed prior to his extradition.

3. Paragraphs 1 and 2 of this article shall not prevent the detention, accusation and conviction of an extradited person or the extradition of that person to a third State if:

(a) The person leaves the territory of the Requesting Contracting Party after his extradition and returns voluntarily; or

(b) The person does not leave the territory of the Requesting Contracting Party within 30 days from the date on which the person had the opportunity to leave it freely.

ARTICLE 16 NOTIFICATIONS OF RESULTS

Upon request, the Requesting Contracting Party is obliged to immediately inform the Requested Contracting Party of the results of the investigation of the criminal case or the enforcement of the court verdict against the extradited person, or of the transfer of the person to a third State.

ARTICLE 17 TRANSIT

1. Within the framework of the legislation of the Requested Contracting Party, transportation of a person issued by a third State of one of the Contracting Parties through the territory of the other Contracting Party must be permitted upon written request. Such a request must contain the data of the person to be transported in transit, including information about nationality, if known, a brief description of the circumstances of the case, and also be accompanied by a copy of the document confirming the extradition of the person to a third State.

2. The central authorities of the Contracting Parties shall coordinate the conditions of transit transportation.

3. A transit permit is not required if it is carried out by air without temporary landing on the territory of the transit State. If an unplanned landing has occurred on the territory of one of the Contracting Parties, it may require sending a transit request provided for in paragraph 1 of this Article. The transit State shall ensure that the person being transported is detained for 15 days pending a request for a transit permit.

ARTICLE 18 EXPENSES

1. The Parties shall bear the costs related to the execution of this Agreement in accordance with their legislation and this Agreement.

2. The requested Contracting Party shall bear the costs of

any procedures in its jurisdiction related to the extradition request.

3. The requested Contracting Party shall bear the costs incurred in its territory in connection with the detention and arrest of the person whose extradition is required, or the confiscation and transfer of property.

4. The requesting Contracting Party shall bear the costs of transporting a person from the territory of the Requested Contracting Party, including transit costs.

ARTICLE 19 SETTLEMENT OF DISPUTES AND DISAGREEMENTS

1. Disputes and disagreements that may arise during the application of the provisions of this Treaty shall be resolved by the central authorities of the Contracting Parties through consultations.

2. If such disputes and disagreements are not resolved between the central authorities of the Contracting Parties, they are subject to resolution through diplomatic channels.

ARTICLE 20 FINAL PROVISIONS

1. This Treaty is subject to ratification.

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

3. This Agreement may be amended and supplemented by mutual agreement of the Contracting Parties, which are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 2 of this Article.

4. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt through diplomatic channels of one of the Contracting Parties of a written notification by the other Contracting Party of its intention to terminate it.

5. In the event of termination of this Agreement, the extradition procedures initiated during its validity period shall remain in force until their full completion.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

DONE in Skopje on August 22, 2019, in two copies, each in the Kazakh, Macedonian and English languages, all texts being authentic.

In case of disagreement in the interpretation of the provisions of this Treaty, the Contracting Parties shall refer to the English text.

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE REPUBLIC OF NORTH MACEDONIA

2019 zhylgy 22 tamizda Skopje kalasynda kazakhstan, macedon zhane agylshyn tilderinde kol koylgan Kazakhstan Republikasi men Soltustik Macedonia Republikasi arasyndagi adamdardi ustap beru turaly shart matinin orys tilindegi matinge dalme- daldigin rastaymyn.

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Republic of North Macedonia on Extradition of Persons, signed in Skopje on August 22, 2019 in Kazakh, Macedonian and English with the text in Russian.

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

G. Koigeldiev

President

Republic of Kazakhstan

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