On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Republic of India
Decree of the President of the Republic of Kazakhstan dated January 22, 2009 No. 730
I DECREE: 1. To approve the attached draft Extradition Treaty between the Republic of Kazakhstan and the Republic of India. 2. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
project
The Extradition Treaty between the Republic of Kazakhstan and the Republic of India
The Republic of Kazakhstan and the Republic of India, hereinafter referred to as the "Contracting States", desiring to enhance the effectiveness of cooperation between the two Contracting States in combating crime by adopting the following provisions on the mutual extradition of persons who have committed crimes; recognizing that it is necessary to take concrete measures to combat terrorism; have agreed as follows:
Article 1 Obligation of extradition
1. Each Contracting State undertakes to extradite to the other Contracting State, in the circumstances and under the conditions defined in this Treaty, any person accused or convicted of an extraditable offence provided for in article 2 committed within the territory of the Requesting State and residing within the territory of the Requested State, regardless of whether the offence took place before or after after the entry into force of this Agreement. 2. Extradition will also be possible in connection with an extraditable offence provided for in article 2 of this Treaty, which is committed outside the territory of the Requesting State, but in respect of which it has jurisdiction, if the Requested State, in similar circumstances, would have jurisdiction over such an offence. In such cases, the Requested State shall take into account all the circumstances of the case, taking into account the gravity of the crime. 3. Extradition is also possible for an extraditable offence provided for in article 2 of this Treaty if it was committed in a third State by a national of the Requesting State and it justifies its jurisdiction by the nationality of the offender.
Article 2 Extraditable offences
For the purposes of this Treaty, an extraditable offence is an act that, in accordance with the laws of each Contracting State, carries a penalty of at least one year's imprisonment.
Article 3 Composite crimes
In accordance with this Treaty, extradition is carried out for an extraditable offence, regardless of the fact that the act of the requested person was committed in whole or in part in the Requested State, if this act and its consequences, or its planned consequences, taken as a whole, would be considered as the commission of an extraditable offence under the laws of both Contracting States. States.
Article 4exterritorial jurisdiction
It will be considered a crime under the laws of both Contracting States for any citizen of a Contracting State to commit any crime in any place outside its territory.
Article 5 Grounds for refusal of extradition
1. Extradition of a person may be refused if: 1.1 he is a national of the Requested State; or 1.2 he can prove to the Requested State that, if extradited, he will be harmed in the course of judicial proceedings or will be punished on the basis of his race, religion, nationality or political beliefs.; either 1.3 he will be able to prove to the Requested State that, given all the circumstances, his extradition would be an unfair and cruel measure due to the expiration of the statute of limitations for initiating criminal proceedings under the law of the Requested State or for the execution of a sentence, or on other legitimate grounds; or 1.4 extradition is not permitted under the law of the Requested State; or 1.5 the crime of which he is accused or convicted is a military crime, which is also not a crime under ordinary criminal law. 2. A person will not be extradited if, in relation to the offence for which his extradition is requested, he has previously been prosecuted in the Requested State and has been convicted or acquitted. 3. An extradition request may be rejected by the requested State if the person whose extradition is requested may be tried for an extraditable offence in the courts of the requested State.
Article 6 Obligation to carry out criminal prosecution
1. If the Requested State refuses the extradition request for the reason specified in paragraph 3 of article 5, it shall refer the case to its competent authorities for criminal prosecution. 2. If the competent authorities decide not to pursue criminal proceedings in this case, the extradition request must be reviewed in accordance with this Treaty.
Article 7The consequences of non-extradition of own citizens
If extradition is refused in accordance with paragraph 1.1 of article 5, the requested State must institute criminal proceedings against that person for the offence in accordance with its legislation. For this purpose, the Requesting State shall transmit relevant documents and evidence to the Requested State.
Article 8 Delay of issue and temporary release
1. If the person to be extradited has been prosecuted or is serving a sentence for another crime in the territory of the Requested State, extradition may be postponed until the end of the proceedings, serving the sentence or release, which is notified to the Requesting State. 2. If the postponement of extradition may lead to the expiration of the statute of limitations or complicate the investigation, the person may be temporarily extradited at the special request of the Requesting State. 3. The temporarily extradited person must be returned to the Requested State immediately after the end of the proceedings.
Article 9 Procedure of extradition
1. An extradition request is sent through diplomatic channels. 2. The extradition request must contain: 2.1 the name and surname (patronymic) of the person whose extradition is requested, information about his nationality, place of residence or stay and other necessary data, as well as, if possible, a verbal portrait of this person, his photographs and fingerprints; 2.2 a description of the crime in connection with which extradition is requested; and 2.3 the text of the relevant law providing for: 2.3.1 the qualification of this crime; and 2.3.2 the sanction for the commission of this crime. 3. In addition to the above information, a copy of the arrest warrant issued by the competent authority of the Requesting State must be attached to the extradition request for criminal prosecution. 4. If the request relates to a person who has already been convicted, it must also be accompanied by a certified copy of the verdict and a statement stating that the person cannot challenge the verdict, as well as an indication of how much of the sentence the person has not served. 5. If the Requested State considers that the evidence and information provided for the purposes of this Treaty are insufficient to make a decision on the request, additional evidence or information must be provided within a reasonable time.
Article 10 Temporary arrest
1. In urgent cases, in accordance with the law, a person may be arrested by the Requested State at the request of the competent authorities of the Requesting State, made through diplomatic channels or through the National Central Office of the International Criminal Police Organization - INTERPOL, after receiving an extradition request. The request must contain an indication of the intention to request the extradition of this person and a reference to the existence of an arrest warrant or sentence against him.; and, if available, the information specified in paragraphs 2.1 and 2.3 of Article 9 of this Treaty, as well as other available information necessary in the territory of the Requested State to substantiate that an arrest warrant has been issued in connection with a committed crime or conviction of a person. 2. A person arrested on such request must be released after 30 days from the date of his arrest, if the request for his extradition is not received during this period. The period of detention is subject to extension up to 60 days upon request of the Requesting State and up to 90 days in exceptional cases.
Article 11 Special rule
1. Without the consent of the Requested State, the extradited person may not be prosecuted or punished for a crime other than the one for which extradition was granted, or any lesser crime uncovered on the basis of evidence provided in support of his extradition, nor may that person be extradited to a third State without the consent of the Requested State.. 2. The consent of the Requested State is not required if: 2.1 The extradited person does not leave the territory of the Requesting State within 30 days after the end of criminal prosecution, serving a sentence or being released on any lawful basis. This period should not include the time during which the extradited person could not leave the territory of the Requesting State for reasons beyond his control; 2.2. The extradited person, having once left this territory, voluntarily returned there. 3. The provisions of paragraph 1 of this article shall not apply to crimes committed after the return of a person or in cases arising in connection with such crimes.
Article 12recognition of documents and evidence
1. Documents issued or certified, as well as testimony obtained by competent courts or other authorities in a prescribed form in the territory of one Contracting State in accordance with its legislation, do not require any legalization in the territory of the other Contracting State. 2. Documents considered official in the territory of one of the Contracting States have the evidentiary value of official documents also in the territory of the other Contracting State.
Article 13computing requests
If the extradition of the same person is requested for the same or other offences by a Contracting State and a third State with which the Requested State has an extradition agreement, the Requested State shall decide which State the person will be extradited to, without being obliged to give preference to the Contracting State.
Article 14 Death penalty
If, in accordance with the law of the Requesting State, the requested person may be subject to the death penalty for the crime for which his extradition is requested, and the law of the Requested State does not provide for the death penalty in such a case, extradition may be refused unless the Requested State provides sufficient guarantees, in the opinion of the Requested State, that the death penalty The sentence will not be executed.
Article 15transmission
1. The procedure for the transfer of the person to be extradited must be agreed upon between the competent authorities of both Contracting States on mutually acceptable terms. 2. The requesting State shall remove the requested person from the territory of the Requested State within one month from the date of the consent of the Requested State to extradite or for a longer period of time permitted by the legislation of the Requested State. If the person has not been removed during this time, the Requested State may refuse to extradite him for this crime.
Article 16 Transfer of items related to a crime
1. The requested State, within the limits established by its legislation, shall transfer, upon request of the Requesting State, objects that are instruments of a crime committed by the extradited person, have traces of a crime or obtained by criminal means. 2. The above items are also transferred in cases where extradition cannot be carried out due to the death of a person, escape or other reasons. 3. The requesting State may temporarily postpone the transfer of the items referred to in paragraph 1 of this article if they are necessary for the proceedings in another criminal case until the end of such proceedings. 4. The rights of third parties to the items transferred to the Requesting State remain in force. After the completion of the proceedings, the Requesting State returns these items to their owners, who are located on its territory. If the owners are located in the territory of the Requested State, these items are returned to him for transfer to them. If the owners are located in the territory of a third State, the items will be returned to them by the Requesting State at its expense. 5. The transfer of items and funds is carried out within the limits provided for by the legislation of the Requested State.
Article 17 Reciprocal legal assistance in extradition
Each Contracting State, in accordance with its legislation, shall provide the other with the maximum possible legal assistance in criminal matters in connection with the crimes for which extradition is requested.
Article 18 Expenditure on extradition
All costs related to extradition shall be borne by the Contracting State in whose territory they originated. The costs incurred by the transit of the extradited person to one of the Contracting States from a third State through the territory of the other Contracting State shall be borne by the Contracting State that carries out the transit.
Article 19 Languages
When implementing this Agreement, the Contracting States shall use their official language, accompanied by a translation into the official language of the other Contracting State or into English.
Article 20International conventions/treaties
This Treaty does not affect the rights and obligations of the Contracting States arising from other international conventions/treaties to which the Contracting States are signatories.
Article 21Transit
1. Transit of an extradited person from a third State through the territory of a Contracting State to the territory of another Contracting State must be permitted on the basis of a request providing that the offence in question is an extraditable offence under article 2. 2. Transit of a citizen of the Requested State may be refused if, in the opinion of that State, this is unacceptable under its legislation. 3. The transit request must be accompanied by the documents referred to in Article 9.
Article 22 Amendments and additions
The Contracting States may amend this Treaty by separate protocols, which shall enter into force in the manner prescribed for the entry into force of this Treaty.
Article 23consultations
Any disputes that may arise during the application or interpretation of this Treaty will be settled by the Contracting States through mutual consultations.
Article 24 Competent authorities
The competent authorities of the Contracting States for the purposes of implementing this Treaty are: for the Republic of Kazakhstan - the Prosecutor General's Office of the Republic of Kazakhstan; for the Republic of India - the Ministry of Foreign Affairs.
Article 25ratification and termination
1. This Treaty is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification. 2. Any Contracting State may terminate this Treaty at any time by notifying the other Contracting State through diplomatic channels; and if such notification has been sent, the Treaty shall terminate within six months of its receipt. 3. In witness whereof, the undersigned, duly authorized by NATO, have signed this Treaty.
Done in New Delhi on January 24, 2009, in two copies, each in Kazakh, Hindi, Russian and English, all texts being equally authentic. In case of disagreement in interpretation, the English text is used.
For the Republic of Kazakhstan For the Republic of India
President
Republic of Kazakhstan
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