On the signing of the Agreement between the Republic of Kazakhstan and the Kingdom of Morocco on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated November 2, 2024 No. 690.
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Kingdom of Morocco on the transfer of convicted persons.
2. To authorize the Prosecutor General of the Republic of Kazakhstan, Asylov Berik Nogaiuly, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Kingdom of Morocco on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on November 2, 2024 No. 690
Project
Agreement between the Republic of Kazakhstan and the Kingdom of Morocco on the transfer of convicted persons
The Republic of Kazakhstan and the Kingdom of Morocco, hereinafter referred to as the "Contracting Parties",
Taking into account the existing friendly relations and cooperation between the Contracting Parties,
Desiring to promote mutual trust and cooperation in the transfer of convicted persons in order to facilitate their rehabilitation and social reintegration, as such cooperation should serve the interests of the administration of justice, as well as the principles of humanity and respect for human rights,
Considering that these goals can best be achieved by providing convicted persons with the opportunity to serve their sentences in their own society,
have agreed on the following:
Article 1
General principles
1. The Contracting Parties, under the conditions set out in this Agreement, shall cooperate to the maximum extent possible in the field of transfer of convicted persons.
2. A person convicted in the territory of one Contracting Party may be transferred in accordance with the provisions of this Agreement to the territory of the other Contracting Party for the purpose of further serving his sentence in the State of his nationality.
Article 2
Definitions
For the purposes of this Agreement:
(1) "Sentencing State" means the Contracting Party in which the person was sentenced and from where he was or may be transferred to continue serving his sentence.;
(2) "State of enforcement" means the Contracting Party to whose territory the convicted person has been or may be transferred to continue serving his sentence.;
(3) "Sentence" means a final court decision providing for imprisonment for a fixed term or life imprisonment for the commission of a crime.;
(4) "Convicted person" means any person convicted of a crime.
Article 3
The order of intercourse
1. The request for transfer and the response shall be sent by the central authority of one Contracting Party to the central authority of the other Contracting Party through diplomatic channels.
2. The central authorities are:
1) for the Republic of Kazakhstan - the Prosecutor General's Office of the Republic of Kazakhstan;
2) For the Kingdom of Morocco - the Ministry of Justice of the Kingdom of Morocco.
3. Each Contracting Party must inform the other Party through diplomatic channels about any changes and additions regarding the central authorities.
4. Requests and responses sent in accordance with the provisions of this Agreement may be sent by technical means of communication (e-mail, fax or any other electronic device that leaves a record), provided that they are also sent by mail at the same time.
Article 4
Language
The request for the transfer of a convicted person and the necessary documents must be drawn up in the language of the Requesting Contracting Party and translated into the language of the Requested Contracting Party or into English. Responses to requests must be written in the language of the Requested Contracting Party and translated into the language of the Requesting Contracting Party or into English.
Article 5
Legalization, certification, or authentication of documents
Documents certified by central or competent authorities must be acceptable in the procedure of transferring a convicted person without further legalization, certification or authentication.
Article 6
Conditions for the transfer of convicted persons
A convicted person may be transferred in accordance with this Agreement, subject to the following conditions:
1) this person is a citizen of the State of execution of the sentence;
2) the verdict is final and enforceable.;
3) the convicted person has been sentenced to imprisonment or another measure related to deprivation of liberty;
4) the act for which the person has been convicted is a crime in accordance with the national legislation of both Contracting Parties.;
5) at the time of receipt of the transfer request, the remaining term of serving the sentence is at least one (1) year. In exceptional cases, the transfer may be carried out even if the term of punishment to be served by the convicted person is less than that specified in this paragraph.;
6) there is a written consent for the transfer of the convicted person or his legal representative due to the age, physical or mental condition of the convicted person;
7) both Contracting Parties agree to the transfer.
Article 7
Conditions for refusal of transfer
1. The transfer of a convicted person is refused if:
1) the convicted person has the nationality of the sentencing State;
2) the sentence has become invalid in accordance with the legislation of one of the Contracting Parties.
2. The transfer may be refused if:
1) any of the Contracting Parties considers that the transfer may damage its sovereignty, security, public order, other essential interests or contradict its national legislation;
(2) In the Sentencing State, the person is being tried for any other crime.;
3) the convicted person has not repaid fines, court costs, compensations or other property penalties imposed in the Sentencing State.
Article 8
Transfer procedure
1. The competent authority of the Sentencing State must inform the convicted person as soon as possible about the possibilities of transfer in accordance with this Agreement and its legal consequences.
2. A transfer request may be submitted:
1) by a convicted person directly or through his legal representative;
2) The sentencing State;
3) The State of execution of the sentence.
3. If the Sentencing State submits a request for the transfer of a convicted person, it must provide the following documents and information to the State of Enforcement:
1) personal data about the convicted person, his nationality and place of residence;
2) the type of punishment, the date of the beginning and end of the term of the imposed punishment, including data on detention and the time served of the imposed punishment, which must be taken into account, as well as all other information necessary for the execution of the punishment;
3) the original or a certified copy of the final and enforceable sentence;
4) an extract from the provisions of the criminal law on which the verdict is based;
5) written consent to the transfer, which is provided for in subparagraph 6) of Article 6 of this Agreement.;
6) all any other documents and information that may be relevant to making a decision on the request;
7) if necessary, medical and social reports on the convicted person, information on his treatment in the Sentencing State and recommendations for subsequent treatment.
4. If the State of Enforcement submits a transfer request, it must contain the following:
1) personal data about the convicted person, his nationality and place of residence;
2) an extract from the relevant legislation of the Executing State, which provides that the actions or omissions in connection with which the sentence was pronounced in the Sentencing State constitute a crime in accordance with the legislation of the Executing State;
3) other documents and information that may be relevant for making a decision on the request.
5. If the executing State considers that the information and documents provided are insufficient, it requests additional information and sets an appropriate time limit for their submission.
6. If the request for additional documents is not fulfilled within the prescribed period, the decision on the transfer request must be made based on the available information and documents.
Article 9
Decision on the transfer request
1. The Contracting Parties shall decide on the transfer in accordance with this Agreement and their national legislation.
2. The requested Party undertakes to inform the Requesting Party immediately of the satisfaction or refusal to satisfy the transfer request.
3. In case of refusal to transfer, such a decision must be motivated.
4. When deciding on the transfer, the nature and severity of the crime, the events and circumstances in which it was committed, the possibility of rehabilitation and social reintegration, the age and state of health of the convicted person, his marital status, and the fulfillment of obligations to compensate victims are taken into account.
5. In no case should the execution of a sentence in another Contracting Party place the convicted person in a worse position than he would have in the Sentencing State.
6. If the sentence, by its nature or duration, is incompatible with the punishment prescribed by the law of the State of enforcement, that State, on the basis of its national legislation, must replace it with a punishment that, as far as possible, corresponds to the punishment prescribed by its national legislation for the same crime. The punishment, by its nature or duration, should not aggravate the punishment imposed in the Sentencing State and exceed the maximum period provided for by the legislation of the State of enforcement of the sentence for the same crime. The punishment should not be limited to any minimum term of punishment applicable to a similar crime under the national legislation of the Executing State.
Article 10
Consent of the convicted person
The sentencing State must take the necessary measures to ensure that the convicted person consents to the transfer in accordance with subparagraph 6 of Article 6 of this Agreement, voluntarily and fully aware of the legal consequences of such transfer.
Article 11
Transfer of a convicted person
The place, time and method of transfer and acceptance of a convicted person shall be determined by agreement of the competent authorities of the Contracting Parties.
Article 12
Implications of the transfer for the Sentencing State
1. The transfer of a convicted person to the State of Execution of the sentence involves the suspension of execution of the sentence by the Sentencing State.
2. The sentencing State shall not have the right to execute its sentence when the State of execution considers its execution completed.
Article 13
Execution of sentences in the State of Execution
The executing State continues to execute the sentence in accordance with its national legislation.
Article 14
Amnesty, pardon, or other mitigation measures
1. Each Contracting Party may, in accordance with its national legislation, apply an act of amnesty or pardon or other mitigation measures against the transferred person.
2. The sentencing State alone shall decide on any application for a review of the sentence.
3. The Contracting Parties shall inform each other of the decisions provided for in paragraphs 1 and 2 of this Article.
Article 15
Cancellation and amendment of the verdict
1. If the sentence on which the transfer was based is subsequently overturned or amended in the Sentencing State, that State must immediately notify the State of Enforcement.
2. Based on the above-mentioned decision, the competent authority of the State of Enforcement of the sentence must decide to cancel or change its decision to continue serving the sentence of imprisonment.
Article 16
Information about the execution of the sentence
The executing State should provide the sentencing State with information on the execution of the sentence in cases where:
1) considers the execution of the sentence completed;
2) the convicted person disappeared or died before the expiration of the sentence;
(3) The sentencing State requests such information.
Article 17
Transit
1. The Contracting Parties may, in accordance with their national legislation and without prejudice to their interests, allow the transit through their territory of a convicted person transferred by a third Party to another Contracting Party.
2. To this end, the Requesting Contracting Party shall send to the Requested Contracting Party a transit request containing information on the identity of the person being transported, information on his nationality and a summary of the circumstances of the case through the central authority or, in particularly urgent cases, through the International Criminal Police Organization (INTERPOL). A copy of the document confirming the transfer of the person is attached to the transit request.
3. During transit, the requested Contracting Party must keep the transported person in custody on its territory.
4. A transit permit is not required if the transit is carried out by air and no landing is planned in the transit State. In the event of an unplanned landing on the territory of the transit State, the transit State must immediately notify the transit State, and the transit State must detain the person being transported for up to fifteen (15) days pending a transit request.
5. If the transit request is not received within the time limits specified in paragraph 4 of this Article, the person may be released unless otherwise agreed by the Contracting Parties.
Article 18
Expenses
1. The Contracting Parties shall bear the costs related to the implementation of this Agreement in accordance with their national legislation and this Agreement.
2. The State of execution of the sentence shall bear the costs of:
a) transfer of the convicted person, except for expenses incurred exclusively in the territory of the Sentencing State;
b) further execution of the sentence after the transfer.
3. The costs of transit shall be borne by the Contracting Party requesting transit.
Article 19
Action in time
This Agreement applies to all transfer requests received after its entry into force, regardless of when the person was convicted.
Article 20
The relationship of this Agreement with other international treaties
This Agreement does not affect the rights and obligations of the Contracting Parties arising from any other international treaties to which they are parties.
Article 21
Dispute resolution
Any disputes arising in connection with the interpretation or implementation of this Agreement shall be resolved through negotiations between the central authorities of the Contracting Parties.
Article 22
Final provisions
1. This Agreement is subject to ratification.
2. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification on the completion by the Contracting Parties of the internal procedures necessary for its entry into force.
3. This Agreement may be amended and supplemented by mutual agreement of the Contracting Parties, formalized by separate protocols, which are integral parts of this Agreement and 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 a written notification by one of the Contracting Parties to the other Contracting Party of its intention to terminate this Agreement.
5. In the event of termination of this Agreement, the transfer procedures initiated during its validity period shall remain in force until they are fully implemented.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.
Committed in ____________ 20 ___ in two original copies each in Kazakh, Arabic and English, all texts being equally authentic.
In case of discrepancies between the texts, the Parties refer to the English text.
For the Republic of Kazakhstan For the Kingdom of Morocco
President
Republic of Kazakhstan
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