On the ratification of the Extradition Treaty between the Republic of Kazakhstan and the Republic of Serbia

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The Law of the Republic of Kazakhstan dated October 18, 2017 No. 99-VI SAM.

To ratify the Extradition Treaty between the Republic of Kazakhstan and the Republic of Serbia, signed in Belgrade on August 24, 2016.

President of the Republic of Kazakhstan

N. Nazarbayev

THE EXTRADITION TREATY between the Republic of Kazakhstan and the Republic of Serbia

The Republic of Kazakhstan and the Republic of Serbia, hereinafter referred to as the "Contracting States",

Desiring to promote and strengthen bilateral cooperation on extradition issues,

We have agreed on the following:

Article 1. Obligation of extradition

Each Contracting State undertakes, in accordance with the terms of this Treaty, to extradite any person located on its territory who is wanted for the purpose of criminal prosecution or the enforcement of an effective court sentence for extraditable offences.

Article 2. Extraditable offences

1. For the purposes of this Treaty, extraditable offences are those offences which, in accordance with the national criminal legislation of both Contracting States, are criminally punishable and for which a penalty of at least one (1) year's imprisonment or a more severe penalty is provided.

2. If the extradition request relates to a person who is wanted for the execution of a court sentence of imprisonment for any extraditable offence, extradition is possible only if the person has been sentenced to imprisonment for at least six (6) months or to a more severe punishment.

3. In determining an offence in accordance with paragraph 1 of this article, it does not matter whether the act constituting the offence belongs to a similar category of offences under the national legislation of the Contracting States or whether the offence is designated by the same or different terminology.

4. If the offence was committed outside the territory of the Requesting Contracting State, extradition shall be carried out on condition that the national legislation of the Requested Contracting State provides for criminal prosecution for offences committed outside its territory under the same circumstances. Extradition may be carried out even if such conditions are not provided for by the national legislation of the Requested Contracting State.

5. If the request for the extradition of a person relates to two or more offences, each of which is punishable under the national legislation of both Contracting States, but some of them do not contain the features provided for in paragraphs 1 and 2 of this Article, the requested Contracting State has the right to authorize the extradition of the person in respect of all offences.

Article 3. Mandatory grounds for refusal of extradition

The extradition must be refused if:

(a) The requested Contracting State considers that the offence for which the request is made is a political offence;

(b) The requested Contracting State has reason to believe that the extradition request has been sent for a common criminal offence for the purpose of prosecuting or punishing a person on the basis of race, religion, nationality, sex, social status, ethnicity, political beliefs, or that the situation of that person may be worsened by such facts.;

(c) Under the national law of the Requesting Contracting State, the offence for which extradition is requested is punishable by death, unless the Requesting Contracting State provides the requested Contracting State with sufficient guarantees that the death penalty will not be imposed on the person sought and, if imposed, will not be carried out.;

(d) The requested Contracting State has reason to believe that in the Requesting Contracting State a person wanted for a crime has been or will be subjected to punishment or any other act or omission that does not ensure respect for fundamental human rights, including the right to protection from cruel, inhuman or degrading treatment;

e) at the time of receipt of the request, criminal prosecution under the national law of the Requested Contracting State cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for any other reason in accordance with the national law of the Requested Contracting State. When calculating the limitation periods, the Requested Contracting State must take into account any circumstances or acts related to the interruption or suspension of these periods in the territory of the Requesting Contracting State.;

(f) In respect of the person whose extradition is requested, a court verdict has been rendered in force in the territory of the Requested Contracting State for the same act, or criminal proceedings against him have been suspended, terminated, or criminal proceedings against him have been refused.;

(g) The person in respect of whom extradition has been requested has been granted asylum by the requested Contracting State;

(h) The requested Contracting State considers that the extradition of the person may prejudice its sovereignty, national security, public order or other essential interests, or is contrary to its national legislation or international obligations;

i) the crime is related exclusively to the violation of military duties.

Article 4. Optional grounds for refusal of extradition

The extradition of a person may be refused on the basis of any of the following circumstances:

(a) If the offence for which extradition is requested has been committed in the territory of the Requested Contracting State and falls under its jurisdiction, and the person sought is under investigation or will be prosecuted by the competent authorities of the Requested Contracting State for the same offence for which extradition has been requested.;

(b) If the Requested Contracting State, taking into account the gravity of the offence and the interests of the Requesting Contracting State, considers that the extradition of the person would be incompatible with considerations of humanity due to the age, state of health or other personal circumstances of the person sought. In these cases, instead of refusing to extradite the person, the Requested Contracting State has the right to delay extradition until the reasons for believing that extradition will have grave consequences for the wanted person are eliminated. For this purpose, the Requested Contracting State must consult with the Requesting Contracting State before making a decision.;

(c) The offence in respect of which extradition has been requested is committed outside the territory of the Requested Contracting State but is directed against its interests.

Article 5. Extradition of own citizens

1. Extradition of own citizens is not allowed.

2. In the event of a refusal to extradite its national, the Requested Contracting State, at the request of the Requesting Contracting State, must subject that person to criminal prosecution or enforce an effective sentence imposed by the Requesting Contracting State in accordance with its national legislation. For this purpose, the requesting Contracting State, through the central authorities referred to in article 6 of this Treaty, shall provide the criminal case, court decisions, evidence and any other documents and information at its disposal.

3. The requested Contracting State shall promptly inform the Requesting Contracting State of the actions taken on such request, of the outcome of the proceedings in the case or of the final procedural decision taken.

4. If, prior to the transfer of the extradited person, he acquired the nationality of the Requested Contracting State, the provisions of paragraph 2 of this article shall apply.

Article 6. Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly.

2. The central authorities are:

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

for the Republic of Serbia - the Ministry of Justice of the Republic of Serbia.

3. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Contracting States shall notify each other through diplomatic channels.

Article 7. Request for extradition and necessary documents

1. An extradition request must be made in writing and contain the following:

a) first and last name, date of birth, gender, nationality, 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 crime in connection with which the extradition request has been sent 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 specified in the request;

(e) The text of the relevant law providing for the jurisdiction of the Requesting Contracting State for the offence for which extradition is requested, which was committed outside the territory of the Requesting Contracting State.

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

a) copies of the indictment and the court's decision/arrest warrant certified by the competent authority of the Requesting Contracting State, if the request is related to criminal prosecution;

b) a copy of the final judgment of the court, certified by the competent authority of the Requesting Contracting State, and a certificate of the parts of the sentence served and to be served, if the request is related to the execution of the sentence.

3. If a person has been convicted in absentia, extradition may be carried out if the Requesting Contracting State provides the Requested Contracting State with guarantees that the person has the right to review the sentence in absentia in order to ensure his rights to protection.

Article 8. Additional information

1. If the information accompanying the extradition request is insufficient for the Requested Contracting State to make a decision in accordance with this Treaty, the Requested Contracting State may request additional information. The requested additional information must be provided within thirty (30) days from the date of receipt of such request.

2. If the wanted person is in custody and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person if additional information becomes available in the future.

3. If a person is released from custody in accordance with paragraph 2 of this Article, the requested Contracting State must inform the Requesting Contracting State within three (3) days.

Article 9. The admissibility of documents

1. Documents certified by central or authorized bodies must be acceptable in the procedure for the extradition of a wanted person without further certification, authentication and legalization.

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

Article 10. Decision on the extradition request

1. The requested Contracting State shall take a decision on the extradition request in accordance with the provisions of this Treaty and its national legislation, immediately informing the Requesting Contracting State of its decision.

2. If the Requested Contracting State refuses extradition in whole or in part, it shall inform the Requesting Contracting State accordingly, indicating the reasons.

3. In case of refusal of extradition on formal grounds, the Requesting Contracting State has the right to send a second request for extradition. When sending such an extradition request, these formalities must be taken into account.

4. The requested Contracting State may, upon request for the arrest of the Requesting Contracting State, grant extradition in accordance with its national legislation if the wanted person voluntarily consents to extradition to the competent authorities of the Requested Contracting State. However, such consent cannot be subsequently revoked.

Article 11. Special rule

1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, conviction, or punishment or any other measure of restriction of liberty for any other crime committed prior to his extradition, except in the following cases:

(a) If the extradited person has waived the guarantees provided for in paragraph 1 of this article;

b) if the crime is committed after extradition;

(c) If the extradited person has left the territory of the Requesting Contracting State after extradition and returned voluntarily;

d) if the extradited person has not left the territory of the Requesting Contracting State within forty-five (45) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person has not left the territory of the Requesting Contracting State for reasons beyond his control.;

e) if the Requested Contracting State has given its consent, for which a request is sent with the attachment of the documents specified in Article 7 of this Treaty and an official document with any declaration made by the said person. The requested Contracting State agrees if, in each specific case, the conditions for extradition established by this Treaty are met. While awaiting a decision on the request, the extradited person may be detained in the Requesting Contracting State in accordance with its national legislation.

2. Without the consent of the Requested Contracting State, the Requesting Contracting State may not extradite or transfer a person extradited in accordance with this Treaty to a third State for any crime committed prior to his extradition.

Article 12. Arrest for the purpose of extradition

1. At the request of the Requesting Contracting State, the wanted person may be arrested pending the receipt of an extradition request.

2. An arrest request may be sent directly between the central authorities or with the assistance of the International Criminal Police Organization (Interpol). An arrest request can be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

The arrest request must contain:

a) a description of the wanted person, including identification data, as well as information about nationality;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

(e) A statement of the existence of a court decision/warrant of arrest or a court verdict against the wanted person; and

(f) Guarantees that the extradition request for the wanted person will be submitted as soon as possible.

3. The requested Contracting State shall immediately inform the Requesting Contracting State of the results of the examination of the request for arrest.

4. If, after thirty (30) days from the date of the person's arrest, the central authority of the Requested Contracting State has not received an extradition request, the arrested person shall be released. At the reasoned request of the Requesting Contracting State, this period may be extended up to forty-five (45) days. However, such release of a person should not prevent re-arrest for the purpose of extradition if the requested Contracting State subsequently receives an extradition request.

Article 13. Extradition requests sent by several States

1. If the Requested Contracting State receives requests for extradition against the same person from two or more States, including the Requesting Contracting State, for the same or for different offences, the Requested Contracting State shall determine to which State the person will be extradited.

2. In making a decision in accordance with paragraph 1 of this Article, the requested Contracting State must take into account all the circumstances and, in particular,:

a) whether requests have been sent on the basis of this agreement;

(b) The place and time of the commission of the offences;

(d) The severity of the offences;

e) the nationality of the wanted person;

(f) The possibility of subsequent extradition between requesting States; and

(g) The chronological order in which requests are received from requesting States.

Article 14. Transfer of the issued person

1. If the extradition request is granted, the Contracting States shall immediately agree on the date, place and other conditions of transfer related to the extradition of the person. The requesting Contracting State shall be informed of the length of the period during which the wanted person was detained for the purpose of extradition, and this time shall be counted towards the total sentence.

2. The time period for the transfer of an extradited person is thirty (30) days from the date on which the Requesting Contracting State received the decision on the extradition request.

3. If, during the period specified in paragraph 2 of this Article, the Requesting Contracting State does not accept the extradited person, the requested Contracting State shall immediately release that person from custody and shall have the right to reject a new extradition request against that person for the same offence, except in the case provided for in paragraph 4 of this Article.

4. In circumstances beyond the control of the Contracting States that prevent the transfer or receipt of the extradited person, the central authorities of the Contracting States must agree on a new date and other necessary conditions for the transfer.

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

a) copies of the indictment and the court's decision/arrest warrant certified by the competent authority of the Requesting Contracting State, if the request is related to criminal prosecution;

Article 8. Additional information

3. If a person is released from custody in accordance with paragraph 2 of this Article, the requested Contracting State must inform the Requesting Contracting State within three (3) days.

Article 9. The admissibility of documents

1. Documents certified by central or authorized bodies must be acceptable in the procedure for the extradition of a wanted person without further certification, authentication and legalization.

Article 10. Decision on the extradition request

2. If the Requested Contracting State refuses extradition in whole or in part, it shall inform the Requesting Contracting State accordingly, indicating the reasons.

Article 11. Special rule

(a) If the extradited person has waived the guarantees provided for in paragraph 1 of this article;

b) if the crime is committed after extradition;

(c) If the extradited person has left the territory of the Requesting Contracting State after extradition and returned voluntarily;

e) if the Requested Contracting State has given its consent, for which a request is sent with the attachment of the documents specified in Article 7 of this Treaty and an official document

Article 12. Arrest for the purpose of extradition

1. At the request of the Requesting Contracting State, the wanted person may be arrested pending the receipt of an extradition request.

The arrest request must contain:

a) a description of the wanted person, including identification data, as well as information about nationality;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

(e) A statement of the existence of a court decision/warrant of arrest or a court verdict against the wanted person; and

(f) Guarantees that a request for the extradition of a wanted person will be submitted as soon as possible.

3. The requested Contracting State shall immediately inform the Requesting Contracting State of the results of the examination of the request for arrest.

Article 13. Extradition requests sent by several States

2. In making a decision in accordance with paragraph 1 of this Article, the requested Contracting State must take into account all the circumstances and, in particular,:

a) whether requests have been sent on the basis of this agreement;

(b) The place and time of the commission of the offences;

(d) The severity of the offences;

e) the nationality of the wanted person;

(f) The possibility of subsequent extradition between requesting States; and

(g) The chronological order in which requests are received from requesting States.

Article 14. Transfer of the issued person

2. The time period for the transfer of an extradited person is thirty (30) days from the date on which the Requesting Contracting State received the decision on the extradition request.

5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court sentence and returned to the territory of the Requested Contracting State, that person may be re-extradited on the basis of a new extradition request. In this case, it is not necessary to provide the documents listed in Article 7 of this Treaty to the request for extradition.

Article 15. Postponement of extradition or temporary extradition

1. If the wanted person is being prosecuted or is serving a sentence for committing a crime other than the one for which extradition is sought, the requested Contracting State may, after deciding on the extradition of the person, delay his transfer until the end of the trial or until the full execution of the verdict of its court. In the event of such a delay, the Requested Contracting State shall immediately notify the Requesting Contracting State.

2. If the postponement of extradition may significantly complicate the investigation of the case or lead to the expiration of the statute of limitations, upon request of the Requesting Contracting State, the Requested Contracting State may temporarily extradite the wanted person on mutually agreed terms. A person who has been temporarily extradited must be detained during the period of his stay in the territory of the Requesting Contracting State and be transferred back to the Requested Contracting State within the agreed time limit. The time spent in custody of a person shall be counted towards the total period of execution of the sentence of the court of the Requested Contracting State.

3. The transfer of an extradited person may also be postponed when, due to the state of health of the person, it may endanger his life or worsen his state of health. In this case, the Requested Contracting State must provide the Requesting Contracting State with a detailed medical report issued by its competent medical institution.

Article 16. Seizure and transfer of objects and documents

1. At the request of the Requesting Contracting State, the requested Contracting State must, in accordance with its national legislation, seize, confiscate and transfer any items and documents found on its territory that were obtained as a result of a crime or may serve as evidence. In this case, the items and documents are transferred to the Requesting Contracting State, if possible, during the transfer of the extradited person.

2. With the consent of the Requested Contracting State, the items and documents referred to in paragraph 1 of this Article may be transferred at the request of the Requesting Contracting State, even if it is impossible to extradite the person.

3. In order to conduct other criminal proceedings, the requested Contracting State may temporarily delay the transfer of the items and documents referred to in paragraph 1 of this Article or transfer them on the terms of return.

4. The transfer of seized or confiscated items and documents to the Requesting Contracting State shall be carried out without prejudice to the rights of the Requested Contracting State or third parties. At the request of the Requested Contracting State or a third Party, the Requesting Contracting State shall immediately and gratuitously return the received property, in proportion to the rights of these Parties to such property, within one (1) month after the conclusion of the judicial proceedings, unless the Contracting States agree otherwise.

Article 17. Transit

1. The Contracting States, in accordance with their national legislation and without prejudice to their interests, have the right to allow transit through their territory of a person extradited to another Contracting State by a third State.

2. For this purpose, the Requesting Contracting State shall send to the Requested Contracting State, through the central authorities or, in particularly urgent cases, through the International Criminal Police Organization (Interpol), a transit request containing the identification data of the person being transported, information about his nationality and a summary of the circumstances of the case. The transit request is accompanied by a copy of the document confirming the person's extradition.

3. The requested Contracting State must detain the person being transported within its territory.

4. A transit permit is not required if it is carried out by air and landing on the territory of the transit State is not planned. In the event of an unplanned landing on the territory of the transit State, the transit State shall immediately notify the transit State, and the transit State shall detain the person being transported for up to fifteen (15) days pending a request for transit authorization.

5. If no transit request is received within the time limits specified in paragraph 4 of this Article, the person shall be released, unless otherwise agreed by the Contracting States.

Article 18. Expenses

1. The costs associated with the implementation of this Treaty shall be borne by the Contracting State in whose territory they originated.

2. The costs of transit shall be borne by the Requesting Contracting State.

3. The costs associated with the detention of a person during his transit shall be borne by the Requested Contracting State.

Article 19. Informing about the results

The requesting Contracting State shall provide the Requested Contracting State with information on the criminal prosecution, judicial proceedings or the enforcement of a court sentence against the extradited person, or information on the extradition of the extradited person to a third State.

Article 20. The relationship of this Treaty with other international agreements

This Treaty does not affect the rights and obligations of the Contracting States arising from any international agreements to which they are parties.

Article 21. Dispute resolution

Any differences arising in the course of the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States.

Article 22. 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 States have completed the procedures necessary for its entry into force.

3. Amendments and additions may be made to this Treaty by mutual agreement of the Contracting States, which are formalized by separate protocols that are its integral parts 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 by one of the Contracting States of a written notification from the other Contracting State 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 they are fully implemented.

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

DONE in Belgrade on August 24, 2016, in two originals, each in the Kazakh, Serbian and English languages, all texts being authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For the Republic of Serbia

I confirm the authenticity of the text of the Extradition Treaty between the Republic of Kazakhstan and the Republic of Serbia, signed in Belgrade on August 24, 2016 in Kazakh, Serbian and English with the text in Russian.

Acting 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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