On the signing of the Agreement between the Republic of Kazakhstan and the Republic of Mauritius on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated March 12, 2025 No. 812.
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 Republic of Mauritius 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 Republic of Mauritius on the transfer of convicted persons,
by allowing changes 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 March 12, 2025 No. 812
Project
Agreement between the Republic of Kazakhstan and the Republic of Mauritius on the transfer of convicted persons
The Republic of Kazakhstan and the Republic of Mauritius, hereinafter referred to separately as the "Party" and collectively as the "Parties", reaffirming mutual respect for sovereignty and equality, wishing to strengthen legal cooperation between themselves, convinced that convicted persons should, as far as possible, serve their sentences in the countries of which they are citizens, in order to to facilitate their reintegration into society, we agreed on the following:
Article 1 Definitions
In order to implement this Agreement, the following definitions are used:
a) "Sentencing Party" means a Party that transfers or has transferred a convicted person from its territory to the territory of the Sentencing Party;
(b) "Party to the execution of the sentence" means a Party that accepts or has accepted into its territory a convicted person transferred by the Sentencing Party;
(c) "Convicted person" means a person sentenced to imprisonment for a fixed term or for life in accordance with a sentence passed by the court of the Sentencing Party;
(d) "Punishment" means any punishment or measure involving imprisonment by court order for a fixed or indefinite period for the commission of a criminal offence;
(e) "Sentence" means a court decision or ruling providing for punishment.
Article 2 General provisions
1. The Parties undertake to cooperate to the maximum extent possible in the transfer of convicted persons in accordance with the provisions of this Treaty.
2. The Parties may, in accordance with the provisions of this Treaty, transfer convicted persons to each other for the execution of sentences imposed by the Sentencing Party against persons in the territory of the Sentencing Party.
3. The transfer of convicted persons in accordance with paragraph 2 of this Article may be requested either by the Sentencing Party or by the Executing Party.
Article 3 Central authorities
1. In order to implement this Agreement, the Parties shall interact with each other directly through the central authorities designated for this purpose.
2. The central authorities referred to in paragraph 1 of this Article are:
for the Republic of Kazakhstan - the Prosecutor General's Office;
For the Republic of Mauritius, the Office of the Prime Minister (Rodrigues Island, Department of the Outer Islands and Territorial Integrity).
3. Each Party shall inform the other Party of any changes related to their central authorities through diplomatic channels.
Article 4conditions for transfer
1. A convicted person may be transferred in accordance with this Agreement only if:
a) convicted person:
(i) is a national of the Executing Party;
(ii) convicted of an act that is also a crime under the law of the Executing Party;
(iii) has served the minimum sentence, if required by the law of the Sentencing Party;
(b) At the time of receipt of the transfer request, the judgment rendered against the convicted person is final and the period of time to be served by the convicted person is at least six months.;
(c) There is written consent from the convicted person or his legal representative when, due to age, physical or mental condition, the person is unable to express his consent on his own; and
d) both Parties agree to the transfer.
2. In exceptional cases, the Parties may agree to transfer even if the remaining term to be served by the convicted person is less than that specified in subparagraph (b) of paragraph 1 of this article.
Article 5 Refusal of transfer
1. The transfer of a convicted person may be refused if:
a) one of the Parties decides that the transfer will harm its sovereignty, security, public order or contradict its national legislation;
(b) The convicted person has been sentenced for a crime infringing on State security.;
c) the convicted person is involved in pending legal proceedings in the territory of the Sentencing Party.
2. Each Party may decide at its discretion whether or not it agrees to the transfer requested by the other Party, regardless of the circumstances provided for in paragraph 1 of this article.
Article 6 Notification of the convicted person
1. Each Party in its territory must notify the convicted persons to whom this Treaty applies that they may be transferred in accordance with the provisions of this Treaty.
2. If the convicted person or his legal representative has informed the Sentencing Party of his desire to be transferred in accordance with this Agreement, this Party shall inform the Sentencing Party as soon as practicable after the court decision has become final.
3. If the convicted person or his legal representative has informed the Sentencing Party of his desire to be transferred, that Party shall request the Sentencing Party for the following information:
a) surname, first name, patronymic, date and place of birth of the convicted person;
b) the nationality of the convicted person;
c) his address in the territory of the Executing Party, if any;
(d) A statement of the facts on which the verdict was based; and
(e) The nature, duration and date of commencement of the sentence.
4. Each Party must notify persons convicted in its territory in writing of the decisions taken by the Sentencing Party or the Executing Party upon the request for the transfer of the convicted person, in accordance with Article 7 of this Treaty.
Article 7questions and answers
1. A request for the transfer of convicted persons may be made by either Party.
2. The requested Party must promptly notify the Requesting Party of its decision whether or not it agrees to transfer the convicted person.
Article 8 Submission of documents
If the Parties agree to transfer the convicted person:
a) The sentencing Party provides the Sentencing Party with:
(i) a certified copy of the final judgment of the convicted person, together with the relevant provisions of the law on which it is based;
(ii) information about the type of punishment and the time frame for the beginning and end of the execution of the sentence;
(iii) information about the terms of the sentence served and to be served, including the terms of pre-trial detention, as well as other information necessary for the execution of the sentence;
(iv) written consent to the transfer of a convicted person, as provided for in subparagraph (c) of paragraph 1 of Article 4 of this Treaty;
(v) information about the convicted person's health status;
(vi) information about the behavior of the convicted person while serving his sentence at the sentencing Party;
b) The executing Party provides the Sentencing Party:
(i) documents confirming that the convicted person is a citizen of the Executing Party;
(ii) an extract from the relevant legislation of the Executing Party, which provides that the acts or omissions for which the sentence was passed on the Sentencing Party constitute an offence under the legislation of the Executing Party or would constitute a criminal offence if committed on its territory;
(iii) information on the procedure for the execution of the sentence imposed by the Sentencing Party, according to the national legislation of the Executing Party.
Article 9The consent of the convicted person and his confirmation
1. The sentencing party must, in accordance with its legislation, ensure that the convicted person or his legal representative voluntarily agrees to the transfer with full awareness of its legal consequences and confirms this in a statement of consent to the transfer.
2. At the request of the Executing Party, the Sentencing Party must provide the Executing Party with an opportunity through an authorized person to verify that the convicted person has expressed his consent to transfer in accordance with the requirements of paragraph 1 of this article.
Article 10 Transfer of a convicted person
If an agreement is reached on the transfer of a convicted person, the Parties must determine the time, place and procedure for transfer through consultations.
Article 11The consequences of the transfer for the Sentencing Parties
The transfer of the convicted person to the authorities of the Executing Party leads to the termination of the execution of the sentence in the territory of the Sentencing Party.
Article 12 Continuation of the execution of the sentence
1. The party executing the sentence shall continue to execute the sentence directly or by adopting a judicial or administrative decision in accordance with the conditions set out in this article.
2. In the case of continued execution of the sentence, the execution Party is bound by the content and duration of the punishment determined by the Sentencing Party.
3. However, if this sentence is incompatible in its content or duration with the legislation of the Executing Party or if required by its legislation, that Party may, through judicial or administrative procedure, bring this sentence into line with the punishment provided for in its legislation for a similar crime. In such circumstances, the judgment should, as far as possible, be consistent with the verdict of the Sentencing Party. In terms of its content or duration, it should not aggravate the punishment imposed by the Sentencing Party or exceed the maximum punishment provided for by the legislation of the Executing Party.
Article 13 Preservation of jurisdiction
1. The sentencing party retains jurisdiction to amend or overturn the verdict rendered by its courts.
2. The executing Party must amend or cancel the execution of the sentence if it receives from the Sentencing Party an amended or cancelled sentence issued by the court of the Sentencing Party.
Article 14 Pardon, amnesty, commutation of punishment
Each Party has the right, in accordance with its legislation, to apply an act of pardon, amnesty or commute punishment against a convicted person, immediately notifying the other Party of these decisions.
Article 15 Informing about the execution of the sentence
The executing Party must inform the Sentencing Party of the execution of the sentence if:
a) the execution of the sentence has been completed;
b) the convicted person escaped or died before the end of his sentence;
c) The sentencing party requests a special report.
Article 16Transit
1. In the case when one Party, cooperating with a third country, transits a convicted person through the territory of the other Party, the first Party must send a request to the other Party for permission of such transits.
2. In the case of the use of air transport and when landing on the territory of the other Party is not planned, a permit in accordance with paragraph 1 of this Article is not required.
3. The Requested Party must, if it does not contradict its legislation, satisfy the request for transit of the Requesting Party.
4. A Party may not allow transit transportation:
(a) If the convicted person is a national of the Requested Party; or
b) if the crime for which the punishment is imposed is not a crime in accordance with its legislation.
Article 17 Language
The request for the transfer of a convicted person and the necessary documents must be drawn up in the language of the Requesting Party and translated into the language of the Requested Party or into English. Responses to requests must be written in the language of the Requested Party and translated into the language of the Requesting Party or into English.
Article 18 Validity of documents
For the purposes of this Agreement, any document sent by the central authority of one Party, signed and stamped, must be used on the territory of the other Party without any legalization.
Article 19 Expenses
In accordance with the legislation of the Parties:
a) The execution party shall bear the costs:
(i) related to the transportation of the convicted person, other than expenses incurred solely in the territory of the Sentencing Party; and
(ii) related to the continuation of the execution of the sentence after the transfer of the convicted person;
(b) The costs associated with the transit transport shall be borne by the Party requesting the transit transport permit.
Article 20 Dispute resolution
1. Any dispute that may arise during the implementation of this Agreement shall be resolved by the central authorities of the Parties through joint consultations.
2. If such disputes are not resolved between the central authorities of the Parties, they must be resolved through diplomatic channels.
Article 21
Entry into force, amendment and termination of the agreement
1. This Treaty is subject to ratification and shall enter into force upon the expiration of thirty (30) calendar days from the date of receipt through diplomatic channels of the last written notification by the Parties on the completion of the internal procedures necessary for its entry into force.
2. Each Party may terminate this Agreement at any time by notifying the other Party in writing. In this case, this Agreement shall terminate upon the expiration of one hundred and eighty (180) calendar days from the date of receipt of the notification of the intention to terminate it.
3. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized in the form of separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article.
4. This Treaty applies to convicted persons who have been sentenced both before and after its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Treaty.
COMMITTED in a year
in two copies, each in Kazakh and English, all texts being authentic.
In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the English text.
For the Republic of Kazakhstan
For the Republic of Mauritius
President
Republic of Kazakhstan
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