To ratify the Agreement between the Republic of Kazakhstan and the Republic of Cyprus on the transfer of Convicted persons, signed in Astana on March 25, 2024.

Home / RLA / To ratify the Agreement between the Republic of Kazakhstan and the Republic of Cyprus on the transfer of Convicted persons, signed in Astana on March 25, 2024.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Agreement between the Republic of Kazakhstan and the Republic of Cyprus on the transfer of convicted persons

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

Considering the bilateral interest in strengthening effective cooperation in the field of transfer of convicted persons based on the principles of national sovereignty and social rehabilitation of convicted persons,

We have agreed on the following:

Article 1

Definitions

For the purposes of this Agreement:

1. "Sentencing Party" means a State whose courts have sentenced to imprisonment or other judicial measure related to deprivation of liberty a person who may be or has already been transferred.

2. "Party to the execution of the sentence" means the State to which the convicted person may be or has already been transferred for further serving of the sentence or his remaining term.

3. "Convicted person" means a person who has been sentenced by a court of one of the Contracting Parties to imprisonment or other judicial measure related to deprivation of liberty for committing a crime.

4. "Sentence" means a punishment or measure imposed by a court of either Contracting Party, providing for imprisonment for a fixed or indefinite period for the commission of a crime.

5. "Competent authorities" are the authorities that execute decisions on the transfer of convicted persons in accordance with the legislation of the Contracting Party in which they are established.

Article 2

Scope of the Agreement

In accordance with the provisions of this Agreement, either Contracting Party shall transfer to the Executing Party persons who have been sentenced to imprisonment in the territory of the Sentencing Party to serve the sentence imposed on them or its remaining term of punishment.

Article 3

Central authorities

1. For the purposes of this Agreement, the central authorities designated by the Parties are:

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

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

2. The central authorities shall interact with each other directly or, if provided for in this Agreement, through diplomatic channels.

3. Each Contracting Party shall inform the other Party of any changes related to the central authorities or the transfer of their functions to other bodies through diplomatic channels. In urgent cases, each Contracting Party may also inform via electronic means of communication.

Article 4

Transfer conditions

1. A convicted person may be transferred if the following conditions are met:

a) the person is a national of the Executing Party;

b) in accordance with the law of the Sentencing Party, the decision is final;

(c) At the time of receipt of the transfer request, the remaining sentence to be served is at least six months or the sentence has been imposed indefinitely.;

(d) There is consent to transfer the convicted person himself or, if one of the Contracting Parties considers it necessary, the legal representative of the convicted person, taking into account his physical or mental condition.;

(e) The act or omission for which the sentence was imposed is an offence under the law of the Executing Party.;

(f) Both the Sentencing Party and the Executing Party agree to the transfer of the convicted person.

2. In exceptional cases, the Parties may agree to transfer, even if the remaining sentence is less than six (6) months.

Article 5

Transfer request and supporting documents

1. If a transfer is requested and none of the Contracting Parties has indicated that it does not agree to the transfer, the Sentencing Party shall send the following documents and information to the Executing Party:

a) the data of the convicted person, including his name, surname, patronymic, date and place of birth;

b) documents on the citizenship of the convicted person, if any;

(d) A transfer request sent by the convicted person or his legal representative in accordance with subparagraph (d) of paragraph 1 of article 4 of this Agreement;

e) a copy of the verdict and, where appropriate, the decision of the competent authorities on its legal force;

f) a document provided by the Sentencing Party on the term of punishment served, the period during which the convicted person was in custody pending trial, on pardon, amnesty, commutation of punishment and on the remaining term of serving the sentence;

g) if necessary, a medical certificate of the convicted person's physical and mental condition.

2. If the Sentencing Party considers that the documents and information provided by the Sentencing Party are insufficient, it may request additional information and set a time for delivery.

Article 6

Supporting documents provided by the Executing Party

At the request of the Sentencing Party, the Executing Party must provide the following documents:

a) a document or certificate confirming that the convicted person is a citizen of the Executing Party;

(b) An extract from the legislation of the Executing Party, which provides that the act or omission in connection with which the sentence was imposed is an offence in the Executing Party or would be an offence if committed on its territory;

Article 7

Confirmation of consent to transfer

The sentencing party must ensure that the consent referred to in subparagraph (d) of paragraph 1 of Article 4 of this Agreement was given voluntarily and with full awareness of its legal consequences.

Article 8

Responses to transfer requests

1. A decision on a transfer request or refusal thereof shall be made in accordance with this Agreement and the national legislation of the relevant Contracting Party, which shall be notified in writing to the other Contracting Party within one (1) month after receipt of the documents referred to in Articles 5 and 6 of this Agreement.

2. The decision is also communicated to the convicted person or, depending on the circumstances, to his legal representative in writing.

3. In case of refusal, the decision must be motivated.

4. When deciding on the transfer, the Contracting Parties should take into account the following:

(a) The nature and gravity of the crime;

(b) The facts and circumstances of the crime committed;

(d) The age and health of the convicted person;

e) personal and/or marital status of the convicted person;

(f) If applicable, whether the convicted person has fulfilled his obligations under the decision to compensate the victim.

Article 9

Optional grounds for refusal of transfer

The transfer may be refused if:

a) The sentencing party will consider that the transfer may harm its sovereignty, security or public order, or violate its national legislation.;

b) the convicted person has not compensated for the damage caused by the commission of the crime or has not paid the costs imposed on him in accordance with the verdict;

Article 10

Time, place, and method of transmission

If the decision on transfer is made, the Contracting Parties shall agree on the date, place and methods of transfer of the convicted person as soon as possible.

Article 11

The consequences of the transfer for the Sentencing Party

1. The transfer of a convicted person to the authorities of the Executing Party leads to the suspension of the execution of the sentence at the Sentencing Party.

2. The sentencing Party may not continue the execution of the sentence if the Sentencing Party considers the execution of the sentence completed.

Article 12

Consequences of the transfer for the Execution Party

1. The execution party:

(a) Immediately continues the execution of the sentence based on a decision of its authorized body; or

b) in accordance with paragraph 6 of this article, converts the sentence to the decision of that Party by applying a judicial or administrative procedure, thereby imposing instead of the punishment determined by the Sentencing Party, the punishment provided for by the legislation of the Executing Party for the same crime.

2. The executing Party, if necessary, informs the Sentencing Party before handing over the convicted person about which of the procedures it will follow.

3. The execution of the sentence is regulated by the legislation of the Executing Party, and only this Party is competent to make all relevant decisions.

4. If the execution of the sentence continues, the content and duration of the punishment determined by the Sentencing Party must be binding on the Executing Party.

5. However, in cases where the imposed punishment is incompatible in its content or duration with the legislation of the Executing Party or if required by its legislation, the Executing Party may, through its authorized body, bring this sentence into line with the punishment or measure provided for in its national legislation for a similar crime. The sentence adjusted in its content or duration should not aggravate the punishment imposed by the Sentencing Party and should not exceed the maximum period provided for by the legislation of the Executing Party.

6. In case of conversion of the sentence, the procedures provided for by the legislation of the Executing Party are applied. Upon recognition of the verdict, the Execution Party:

a) is obliged to follow the conclusions regarding the facts to the extent that they directly or indirectly follow from the judicial decision rendered by the Sentencing Party;

b) is not entitled to replace the measure of punishment related to deprivation of liberty with a monetary penalty;

c) counts the full term of imprisonment served by the convicted person;

d) does not increase the punishment of the convicted person and should not apply the minimum punishment provided for by the legislation of the Executing Party for a similar crime.

7. If the transformation of the sentence is carried out after the transfer of the convicted person, the Executing Party shall keep him in custody or otherwise ensure his presence on its territory until the end of this procedure.

Article 13

Informing about the execution of the sentence

The executing Party must provide information to the Sentencing Party regarding the execution of the sentence in the following cases:

(a) When she considers the execution of the sentence completed;

(b) If the convicted person absconded from custody or died before the end of the term of his sentence; or

c) if the sentencing Party requests information or a special report on this.

Article 14

Information exchange

The Contracting Parties annually or upon request exchange information on convicted persons who are citizens of the Parties.

Article 15

Termination of the execution of the sentence

The executing Party shall terminate the execution of the sentence after the Sentencing Party reports any decision or measure by virtue of which the execution of the sentence is terminated.

Article 16

Expenses

Any costs related to the implementation of this Agreement shall be borne by the Executing Party, with the exception of those incurred in the territory of the Sentencing Party, in accordance with their national legislation.

Article 17

Languages

1. Any transfer request, documents and information submitted in accordance with this Agreement must be written in the language of the requesting Party and accompanied by a translation into the language of the requested Party or into English.

2. Responses to requests must be written in the language of the requested Party and accompanied by a translation into the language of the requesting Party or into English.

3. If the request is submitted by a convicted person, it may be written in the language he or she speaks and accompanied by an English translation.

Article 18

Validity of documents

For the purposes of this Agreement, any documents sent by the central authority of one Contracting Party, signed and stamped, must be used on the territory of the other Party without further legalization, authentication and certification.

Article 19

Pardon, amnesty and commutation of punishment

Each of the Contracting Parties, in accordance with its national legislation, may apply a pardon, amnesty or commute the sentence against the transferred convicted person, notifying the other Contracting Party accordingly.

Article 20

Judicial review

1. Only the sentencing Party has the right to decide on any application for judicial review.

2. The sentencing Party must inform the Executing Party of any decisions taken in accordance with this article. The party executing the sentence must take measures to enforce them.

Article 21

Transit from a third country

1. Each Contracting Party, in accordance with its national legislation, shall satisfy a request for transit transportation of a convicted person through its territory if such a request is made by another Contracting Party that has reached an agreement with a third State on the transfer of this person to or from its territory.

2. In the case of using air transport and when landing on the territory of a Contracting Party is not planned, such a permit is not required.

3. The requested Party must, if this is not contrary to its national legislation, grant the transit request of the requesting Party.

4. The requested Party has the right not to allow transit transportation:

(a) If the convicted person is a national of the requested Party; or

(b) If the offence for which the penalty is imposed is not an offence under its national legislation.

5. Transit requests and responses to them shall be sent through the channels specified in paragraphs 2 and 3 of Article 3 of this Agreement.

6. A Contracting Party that has granted a transit request may keep a convicted person in custody only for such time as is required for transit through its territory.

Article 22

Action in time

This Agreement applies to judgments rendered by the courts of either Contracting Party both before and after its entry into force.

Article 23

Communication channels

Any communication between the Contracting Parties regarding the transfer of convicted persons is carried out directly between the central authorities of the Contracting Parties. In urgent cases, the Contracting Parties may also use the communication channels provided for in paragraph 3 of Article 3 of this Agreement.

Article 24

Dispute resolution

Any disputes regarding the interpretation and implementation of this Agreement shall be resolved by the central authorities of the Contracting Parties directly through negotiations and consultations or through diplomatic channels.

Article 25

Changes and additions

Amendments and additions may be made to this Agreement by mutual written agreement of the Contracting Parties. Such amendments and additions are an integral part of the Agreement and are formalized in separate protocols that enter into force in accordance with the procedure provided for by the legislation of both Contracting Parties.

Article 26

Relationship with other conventions and agreements

This Agreement does not affect the rights and obligations of the Parties arising from other relevant international conventions and agreements to which they are parties.

Article 27

Final provisions

1. This Agreement shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification by the Contracting Parties on the completion of the internal procedures necessary for its entry into force.

2. This Agreement is concluded for an indefinite period. This Agreement shall terminate upon the expiration of six (6) months from the date of receipt by one of the Contracting Parties of a corresponding written notification through diplomatic channels of its intention to terminate it.

3. Any procedures initiated by the Contracting Parties prior to the termination of this Agreement shall be carried out until their full completion.

DONE in Astana on March 25, 2024, in two original copies, each in the Kazakh, Greek and English languages, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

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

For the Republic of Kazakhstan For the Republic of Cyprus

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Republic of Cyprus on the transfer of Convicted Persons, signed in Astana on March 25, 2024 in Kazakh, Greek and English, translated from English with the text in Russian.

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

President

Republic of Kazakhstan

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