On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Uzbekistan on the transfer of persons sentenced to imprisonment for further serving their sentences

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Uzbekistan on the transfer of persons sentenced to imprisonment for further serving their sentences

The Law of the Republic of Kazakhstan dated February 15, 2023 No. 201-VII SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Republic of Uzbekistan on the transfer of persons sentenced to imprisonment for further serving their sentences, concluded in Nur-Sultan on December 6, 2021.

President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT between the Republic of Kazakhstan and the Republic of Uzbekistan on the transfer of persons sentenced to imprisonment for further serving their sentences

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

based on the principles of State sovereignty, equality and mutual respect,

Desiring to contribute to the further development of international cooperation in the criminal law field,

Considering that the serving of sentences by convicts in the State of which they are citizens contributes to a more effective achievement of the goals of punishment, the return of offenders to a normal life in society,

Guided by the principles of humanism and respect for human rights,

We have agreed on the following:

Article 1 Definitions

To achieve the objectives of this Agreement, the following terms mean:

a) "Sentencing party" means the Party in which a court verdict has been passed against a person who may be or has already been transferred to serve his sentence.;

b) "Party to the execution of the sentence" - The Party to whom the convicted person may be or has already been transferred for further serving of the sentence;

c) "convicted" - a person convicted by a court of one of the Parties for committing a crime to a custodial sentence.;

d) "legal representative" means a person recognized as such in accordance with the procedure established by the legislation of each of the Parties.;

e) "competent authorities" - the authorities of the Parties executing decisions on the transfer of a convicted person.

Article 2 General principles of cooperation

1. In accordance with the provisions of this Agreement, the Parties undertake to cooperate as much as possible in the transfer of convicted persons.

2. The Parties, upon request of each other, may, in accordance with the requirements of this Agreement, transfer convicted persons serving sentences in places of deprivation of liberty for committing crimes in the territory of the Sentencing Party and having the nationality of the other Party to serve their sentences in the Execution Party.

Article 3 Central authorities

1. For the purposes of this Agreement, the central authorities designated by the Parties interact directly, including through electronic means of communication or fax.

2. The central authorities are:

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

for the Republic of Uzbekistan - the Prosecutor General's Office of the Republic of Uzbekistan.

3. Each Party shall inform the other Party through diplomatic channels of any changes related to the central authorities or the transfer of their functions to other bodies.

Article 4 Grounds for transfer of a convicted person

The basis for initiating the procedure for transferring a convicted person to the Party of which he is a citizen is an application from that person or his legal representative sent to the central authority of either Party.

Article 5 Requests and responses for the transfer of a convicted person and necessary documents

1. Requests for the transfer of a convicted person and their responses shall be drawn up in writing and sent by the central authorities of the Parties.

The request contains information about the convicted person's identity (surname, first name, patronymic (if any), date and place of birth), the name of the article of the criminal law under which the person was convicted, and a copy of the document confirming the convicted person's citizenship.

2. Requests for the transfer of a convicted person and the responses to them, as well as the documents attached to them, must be signed and stamped.

3. A request for the transfer of a convicted person may be made by either Party. The requested Party must promptly notify the Requesting Party of its decision.

4. If a request is received for the transfer of a convicted person by one Party and if it is not refused by the other Party, the Sentencing Party provides the following documents and information to the Executing Party:

a) a copy of the court decision that has entered into force, including the relevant provisions of the law on which it is based;

b) information indicating the type and duration of the punishment, as well as the date of its calculation;

(c) Information on the terms of the parts of the sentence served and to be served, including the terms of pre-trial detention, information on the amendment of the court verdict and other information relevant to the enforcement of the court verdict;

(d) The written consent of the convicted person or his legal representative to the transfer, as provided for in subparagraph (c) of paragraph 1 of article 7 of this Treaty.;

(e) A medical report on the convict's state of health, including information on his treatment and recommendations for further treatment during the execution of the sentence;

f) information about the peculiarities of the convicted person's behavior;

g) information about the damage and its compensation based on the court verdict and other enforcement documents;

h) a document on the execution of the additional punishment, if it has been imposed.

5. The executing Party provides the Sentencing Party with the following documents:

a) information about the convicted person's identity (surname, first name, patronymic (if any), date and place of birth);

b) a document confirming the convicted person's nationality;

(c) An extract from the relevant legislation of the Executing Party, which provides that the act for which the court's verdict was passed on the Sentencing Party is a crime in accordance with the legislation of the Executing Party;

(d) Information on the procedure for the execution of a court sentence imposed by the Sentencing Party, according to the national legislation of the Executing Party.

6. If necessary, the central authorities of the Parties may request additional documents or information.

7. The Parties use the Russian language in the execution of this Agreement. The documents executed in the official languages of the Parties shall be accompanied by their certified translations into Russian.

Article 6 Consent of the convicted person and his confirmation

1. The sentencing party must 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.

3. The convicted person may submit an application for his transfer in the language he speaks.

Article 7 Conditions of transfer of a convicted person

1. A convicted person may be transferred in accordance with this Agreement if:

a) the convicted person is a citizen of the Executing Party;

(b) The court's sentence of imprisonment has entered into legal force;

c) there is a written consent of the convicted person or, if the convicted person is unable to freely express his will due to his age, physical and (or) mental condition, the consent of his legal representative.;

d) the person has been convicted of such acts, which, according to the legislation of the Parties, are crimes punishable by imprisonment;

e) at the time of receipt of the application or request for the transfer of the convicted person, the term of imprisonment to be served is at least one (1) year;

f) the material damage caused by the crime has been compensated;

g) if the investigation, judicial proceedings or other procedural actions against the convicted person are not ongoing at the sentencing Stage.;

h) The parties agree to transfer the convicted person.

2. In exceptional cases, the Parties may agree to transfer, even if the term to be served by the convicted person is less than that specified in subparagraph (e) of paragraph 1 of this article.

Article 8 Grounds for refusal to transfer a convicted person

The transfer of a convicted person is not carried out if:

a) the requirements listed in paragraph 1 of Article 7 of this Treaty have not been complied with;

b) one of the Parties decides that the transfer of the convicted person may harm its sovereignty, security, public order or other essential national interests or contradict its national legislation;

c) the convicted person has not fulfilled any financial obligations;

d) the requesting Party has not properly fulfilled the requirements of Article 5 of this Treaty.

Article 9 Decision on the request for transfer of a convicted person

1. The Parties shall decide on the transfer of the convicted person in accordance with this Treaty and their national legislation.

2. The decision is notified in writing to the central authority of the requesting Party or to the person who applied for the transfer of the convicted person.

3. In case of refusal to transfer a convicted person, such a decision must be motivated.

Article 10 Protection of personal data

Each Party guarantees the protection of personal data obtained during the implementation of this Agreement and may not transfer them to a third State without the prior written consent of the other Party.

Article 11 Procedure for transfer of a convicted person

1. In case of satisfaction of the request for transfer of the convicted person, the competent authorities of the Parties agree among themselves on the time and conditions of transfer of the convicted person.

2. The transfer procedure includes the preparation in two copies of a document on the transfer of a convicted person, signed by representatives of the competent authorities of the Parties.

3. The procedure for the transfer of a convicted person is carried out at the Kazakh-Uzbek state border through the checkpoint "Zhibek Zholy" - "Gisht-Kuprik".

4. In the event of a change in the checkpoint, the Parties notify each other through diplomatic channels.

Article 12 Continuation of the execution of the court verdict

1. The party executing the sentence is obliged to ensure the continuation of the execution of the sentence of the court of the Party submitting the sentence in full, guided by its national legislation, without worsening the situation of the convicted person.

2. The court of the Executing Party makes a decision, determining, according to the national legislation of its Party, the same term of imprisonment as that imposed by the verdict of the court of the Sentencing Party.

3. If, according to the legislation of the Executing Party for a committed crime, the maximum term of imprisonment is less than that imposed by the verdict of the Sentencing Party, the court of the Executing Party shall determine the maximum term of imprisonment provided for by its legislation for the commission of the same crime.

4. The part of the sentence served by the convicted person in the territory of the Sentencing Party shall be counted towards the total term of serving the sentence in the Execution Party.

5. If the verdict of the court of the Sentencing Party relates to two or more acts, one or more of which are not recognized as crimes by the Execution Party, the court of that Party determines which part of the punishment is applied to the act that is a crime.

6. The decision on the execution of an additional punishment is taken by the court of the Executing Party in accordance with its national legislation, if such punishment for the committed act is provided for by the legislation of that Party.

Article 13 Pardon, amnesty, commutation of punishment and release from further serving of punishment

Each of the Parties has the right, in accordance with its national legislation, to apply an act of pardon, amnesty, or commutation of the sentence imposed on the transferred convict, or to decide on his release from further serving the sentence, immediately notifying the other Party.

Article 14 Retention of jurisdiction

1. Only the sentencing Party has the right to change or reverse the decision rendered by its court.

2. The Party executing the sentence must change or cancel the execution of the sentence in the event of receiving an amended or cancelled decision from the Sentencing Party.

Article 15 Legal consequences of transferring a convicted person

1. The transfer of a convicted person presupposes the termination of the execution of the sentence in the Direction of sentencing.

2. In respect of a convicted person transferred to serve his sentence, the same legal consequences of conviction occur on the execution Side as in respect of persons convicted in the territory of this Party for committing the same crime.

3. A convicted person who has been transferred for execution of a sentence may not be brought to criminal responsibility again in the territory of the Executing Party for the same act.

Article 16 Informing about the execution of the sentence

The executing Party must inform the Sentencing Party of the execution of the court's sentence if:

a) the execution of the court's verdict has been completed;

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

c) The sentencing party requests information about this.

Article 17 Obligation to provide information

1. Each Party shall inform the convicted persons to whom this Agreement may be applied of its existence and content.

2. The convicted person or his legal representative shall be informed in writing of the final decision taken by each of the Parties in connection with the consideration of the transfer request.

Article 18 Transit transportation

1. Each of the Parties, if there is a corresponding request for transit transportation, has the right to allow transit transportation through its territory of a convicted person transferred to the other Party by a third State.

At the same time, the transit Party on its territory ensures the acceptance, detention of the convicted person and transfer to the point of reception and transfer.:

for the Republic of Kazakhstan - Shymkent city;

For the Republic of Uzbekistan, it is the city of Tashkent.

2. The transit Party has the right to refuse transit transportation if:

a) the convicted person is its citizen;

(b) The offence for which a penalty has been imposed is not such in accordance with its legislation.

3. The request for transit transportation contains the information provided for in subparagraphs (a), (b), (e) and (f) of paragraph 4 of Article 5 of this Treaty, accompanied by the documents provided for in subparagraphs (a), (b), (c) of paragraph 5 of Article 5 of this Treaty.

4. A transit permit is not required if an air transportation method is used and landing on the territory of the Transit Party is not provided.

5. In the event of an unplanned landing of an aircraft, the transit Party may, at the request of representatives of the other Party accompanying the convicted person, detain this person for 72 hours until receiving a request for transit transportation.

6. If the request for transit transportation is not received within the time limits specified in paragraph 5 of this Article, the person is subject to release, unless otherwise agreed by the Parties.

Article 19 Expenses

1. The costs related to the execution of this Agreement shall be borne by the Parties in accordance with their national legislation and this Agreement.

2. The execution party shall bear the costs:

a) related to the transportation of the convicted person, except for expenses incurred exclusively in the territory of the Sentencing Party;

b) related to the continuation of the execution of the sentence after the transfer.

3. The costs associated with the transit transportation of the convicted person shall be borne by the transit Party.

Article 20 Validity of documents

For the purposes of this Agreement, any documents sent by the central authority of one Party, signed and stamped, must be used on the territory of the other Party without any special identification.

Article 21 Liability for unlawful conviction

1. The responsibility for the unlawful conviction of a person is borne by the Sentencing Party.

2. Compensation for damage caused by an unlawful conviction is provided by the Sentencing Party.

Article 22 Action in time

This Treaty applies to the enforcement of sentences imposed both before and after its entry into force.

Article 23 Dispute resolution

Disputes arising in connection with the interpretation or application of this Agreement shall be resolved through consultations and negotiations between the central authorities of the Parties.

Article 24 Making changes and additions

Amendments and additions may be made to this Agreement by mutual agreement of the Parties. Such amendments and additions are an integral part of this Agreement and are formalized in a separate protocol.

Article 25 Relationship of this Treaty with other international treaties

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 26 Final provisions

1. This Treaty is subject to ratification and shall enter into force six (6) months after the date of receipt by one of the Parties of the last written notification through diplomatic channels of its ratification.

2. The contract is concluded for an indefinite period. Each Party has the right to terminate this Agreement at any time by notifying the other Party in writing through diplomatic channels. This Agreement shall terminate upon the expiration of six (6) months from the date of receipt by one of the Parties of a written notification by the other Party of its intention to terminate it.

3. The termination of this Agreement does not prevent the completion of the execution of requests for the transfer of convicts received before the date of termination.

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

Done in the city of Nur-Sultan on December 6, 2021, in two copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic.

In case of discrepancies between the texts of this Agreement, the Parties shall refer to the text in Russian.

For the Republic of Kazakhstan

For the Republic of Uzbekistan

President

Republic of Kazakhstan

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