On the ratification of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on the Extradition of Criminals

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on the Extradition of Criminals

Law of the Republic of Kazakhstan dated April 20, 2012 No. 12-V

To ratify The agreement between the Republic of Kazakhstan and the United Arab Emirates on the extradition of criminals, concluded in Abu Dhabi on March 16, 2009.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE UNITED ARAB EMIRATES ON EXTRADITION OF CRIMINALS

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on September 22, 2012)

The Republic of Kazakhstan and the United Arab Emirates, hereinafter referred to as the "Parties", taking into account the fraternal and friendly relations that have developed between the two countries, paying deep attention to the increasing trend of international terrorist acts, as well as organized crime, proceeding from the desire to strengthen cooperation between the two countries in the field of combating crime, agreed as follows:

Article 1 Obligations of extradition

The Parties undertake, in accordance with the provisions of this Agreement, to extradite to each other any person located in the territory of one Party who is wanted by the other Party for a crime committed in the Requesting Party or for the purpose of executing a sentence, the subject of which partially or completely falls under the jurisdiction of the Requesting Party in accordance with the provisions of Article 2 of this Agreement, which provides that an offence is an extraditable offence in accordance with the laws of both the Requesting and Requested Parties.

Article 2 Central authorities

1. The central authority of each Party sends and receives requests under this Agreement: The central authority of the Republic of Kazakhstan is the Prosecutor General's Office. The central authority of the United Arab Emirates is the Ministry of Justice. 2. To achieve the objectives of this Agreement, the Central Authorities of the Parties shall communicate with each other through diplomatic channels. 3 1. The central authority of each Party sends and receives requests under this Agreement: The central authority of the Republic of Kazakhstan is the Prosecutor General's Office. The central authority of the United Arab Emirates is the Ministry of Justice. 2. To achieve the objectives of this Agreement, the Central Authorities of the Parties shall communicate with each other through diplomatic channel. 3. All requestquests and the documents attached to them must be drawn up in two copies in the language of the Requested Party or in English, and be officially signed and sealed by the competent authorities and certified by the Central Authority of the Requesting Party. 4. The Parties shall notify each other through diplomatic channels of any modifications and amendments related to the central authorities.

Article 3 Extraditable offences

In accordance with this Agreement, extradition takes place in tIn accordance with this Agreement, extradition takes place in the following cases:: 1. If the actions of the accused, according to the legislation of the Requesting and Requested Parties, constitute a crime punishable by imprisonment for a period of at least one year. 2. If the competent court of the Requesting Party, in the presence of the defendant or in his absence, has sentenced the person to imprisonment for a term of at least six months.

Article 4 Grounds for refusal of extradition

1. In accordance with this Agreement, extradition is not permitted in any of the following cases:: (a) If the crime for which extradition is required is a political crime; (b) If there are substantial grounds to believe that the extradition request is related to the persecution of a person on the basis of race, religion, nationality or political beliefs, or that the position of such person may be harmed for any of these reasons.; (c) If the person whose extradition is required has been prosecuted and convicted or acquitted by the courts of the requested Party or a c) If the person whose extradition is required has been prosecutd and convicted or acquitted by the courts of the requested Party or a third State for the crime for which extradition is requested; (d) If, in accordance with the legislation of the Requested Party, the statute of limitations for bringing the person to criminal responsibility has expired; (e) if the person has already served his sentence for the crime, for which extradition is requested, in the territory of the Requested Party or a third State; f) if the person has been granted political asylum in the Requested Party; (g) If the crime for which extradition is required is a war crime. 2. If the person whose extradition is required is a national of the Requested Party, his extradition may be refused in accordance with its national legislation. If a decision is made to refuse extradition, the documents must be submitted to its competent authorities in order to initiate criminal proceedings and prosecute the person for all or individual crimes for which extradition is requested. The requested Party shall inform the Requesting Party of any actions taken and the results of the prosecution.

Article 5 Capital punishment

If the crime for which extradition is requested is punishable by death under the legislation of the Requesting Party and does not provide for the death penalty under the legislation of the Requested Party, the Requested Party may refuse extradition until the Requesting Party, in accordance with its national lehe crime for which extradition is requested is punishable by death under the legislation of the Requesting Party and does not provide for the death penalty under the legislation of the Requested Party, the Requested Party may refuse extradition until the Requesting Party, in accordance with its national legislation, provides guarantees that the death penalty The execution will not be carried out.

Article 6 Crimes that are not political in nature

For the purposes of this Agreement, crimes of a political nature are not: a) an attempt or attempted assassination of the President of the State, the Head of Government or any member of their families, a member of the Supreme Council of the United Arab Emirates or any member of his family; b) terrorist acts.

Article 7 Form and content of the request

1. Requests for extradition and all supporting documents shall be drawn up in writing and sent through diplomatic channels. 2. In all cases, the following documents are provided to confirm the extradition request: a) information describing the identity of the requested person, his location and nationality; b) a document of judicial authorities regarding the actions or omissions that constitute each crime for which extradition is requested, including the place and date of the crime, the type of crime, the text of the Law and any provisions describing the statute of limitations fordocument of judicial authorities regarding the actions or omissions that constitute eachfor which extradition is requested, including the place and date of the crime, the type of crime, the text of the Law and any provisions describing the statute of limitations for criminal prosecution or the imposition of a sentence. A copy of the text of such legal provisions must be attached. 3. If a person is accused of committing a crime, the original or a certified copy of the arrest warrant and the provisions of the criminal charges of the Requesting Party must be attached to the request. 4. In order to enforce a court verdict, the following documents must be attached to the request: (a) the original or a certified copy of the final court verdict or a document reflecting the charge and verdict of the court; and (b) if part of the court sentence has already been served, a written confirmation from the competent authority of the remaining sentence to be served must be attached. 5. All certified, signed and issued documents confirming the extradition request provided by the judicial or other competent authorities of the Requesting Party are accepted by the Requested Party during the extradition procedure without confirming the signature or official status of the person who signed these documents.

Article 8 Additional information

If the Requested Party considers the information contained in the extradition request insufficient to meet the requirements of this Agreement, that Party may request additional information within the prescribed time limit. If there are sufficient grounds, this period may be extended.

Article 9 Detention in urgent cases

1. Pending receipt of the extradition request and the documents referred to in Article 7 of this Agreement, if absolutely necessary, the person requested for extradition may be temporarily taken into custody at the request of the competent authorities of the Requestin 1. Penng receipt of the extradition request and the documents referred to in Article 7 of this Agreement, if absolutely necessary, the person requested for extradition may be temporarily taken into custody at the request of the competent authorities of the Requesting Party. Such a request may be sent through the National Central Bureau of the International Criminal Police Organization (Interpol), or through other channels agreed upon by the competent authorities of the Parties. 2. The said application must contain the information provided for in paragraph 2 of Article 7 of this Agreement.; a provision on the existence of an arrest warrant issued by the competent authority of the Requesting Party, or a copy of the court verdict that has entered into force, as well as confirmation of the additional transmission of an official extradition request. 3. The requested Party must inform the Requesting Party without delay of the results of the examination of the request. 4. A person temporarily taken into custody must be released if, within 30 days of his arrest, the competent authority of the Requested Party does not receive an extradition request. These time limits may be extended by 30 days if the Requesting Party provides objective reasons explaining the delay in sending the extradition request. 5. The expiration of the period specified in paragraph 4 of this Article will not prevent the extradition of a person upon subsequent receipt of a request for his extradition.

Article 10 Arrest of a person subject to extradition

Upon receipt of an extradition request, the Requested Party shall, pending a decision on the extra

The requesting Party on the decision taken on the extradition request. 2. If the request is rejected in whole or in part, the Requested Party shall justify the reasons for the refusal. 3. If the extradition request is granted, the Requesting Party is promptly informed of the place and date of the person's extradition and the period of the requested person's detention. 4. If the person concerned is not received from the territory of the Requested Party within 30 days of the date set for extradition, the Requested Party may refuse extradition for the offence. 5. If force majeure prevents the transfer of the extradited person, the interested Party informs the other Party about this. The Parties shall agree on a new date of extradition in accordance with the provisions of paragraph 4 of this Article. In any case, the period of detention of a person should not exceed 60 days.

Article 12 Postponement or temporary extradition

If the person whose extradition is requested is under investigation or is being tried for a crime other than the one for which extradition is requested, that Party may delay his extradition until the end of the investigation or sentencing proceedings, and if the person is convicted, he will be transferred after serving his sentence. The requested Party may temporarily extradite a person if the Requesting Party undertakes to return him as soon as possible after a decision has been made against the person or within a period specified by the Requested Party, but not exceeding six months from the date of transfer.

Article 13 Competing requests

If the extradition of the same person is requested for the same or other crimes by more than one State, the Requested Party shall decide which of these States it will extradite the person to, taking into account all the circumstances, especially the gravity and place of the crime, the date of receipt of the relevant request, the nationality of the requested person and the possibility of subsequent extradition. extradition to another State.

Article 14 Special rule

The requesting Party may not detain, prosecute, convict or punish a person extradited in accordance with this Agreement for a crime other than the one for which he was extradited, except in the following cases: (a) If the extradited person commits an offence during the investigation, trial or serving of a sentence; (b) If he does not leave the territory of the Requesting Party within forty-five days from the date on which he could have done so.; (c) If he leaves the territory of the Requesting Party after his extradition and returns voluntarily.

Article 15 Extradition to a third State

The extradition of a person by the Requesting Party to a third State is not allowed without the consent of the Requested Party. If the person has not left the territory of the Requesting Party within forty-five days from the date on which he could have done so, or voluntarily returned back, the person, in accordance with the provisions of paragraphs "b" and "c" of Article 14 of this Agreement, may be extradited to a third State.

Article 16 Seizure and transfer of items

1. The requested Party, in accordance with its domestic law, without prejudice to the rights of others, shall seize the following items and transfer them to the Requesting Party during or immediately after the extradition of the person: (a) instruments of crime or items that are evidence of the commission of the crime; (b) items that were acquired as a result of the commission of the crime, if they are in the property of the wanted person or were discovered during his arrest.; (c) Items that the offender has received in return for items acquired as a result of the commission of the crime. 2. All costs associated with the transfer of seized items are borne by the Requesting Party. 3. If the items referred to in paragraph one of this Article are necessary for the investigation of a crime to the Requested Party, their transfer may be postponed or the above-mentioned items may be transferred, provided that they are returned after a decision on the criminal case has been made in the Requesting Party. 4. If the Requested Party or any other State has any legal rights to the seized items, these rights remain in force. The requesting Party must return these items at its own expense after the objectives of such transfer have been achieved.

Article 17 Transit

1. If either Party extradites a person from a third Country through the territory of the other Party, the first Party requests a transit permit. A permit is not required if air transport is used and no landing is planned. 2. The Requested Party shall authorize the request of the Requesting Party for transit transportation in accordance with national legislation. 3. In the event of an unintended landing, the Requested Party in whose territory the landing was made must assist in transit. If the person being extradited is a national of the Party in whose territory the landing took place, that person must be transferred to that Party, which in turn must act in accordance with the provisions of Article 4, paragraph 2 of this Agreement. 4. The application must contain sufficient information for consideration of the request by the Party through whose territory transit is requested.

Article 18 Expenses

The requested Party shall bear all costs for the implementation of extradition requests in its territory, and the Requesting Party shall bear the costs associated with the transportation of the extradited person and unforeseen expenses arising from the extradition request.

Article 19 Information on the results

1. Upon request, the Requesting Party shall notify the Requested Party of the results of the judicial proceedings against the extradited person. 2. In the event of a conviction, the Requesting Party shall send to the Requested Party a certified copy of the final judgment.

Final provisions

Article 20 International obligations

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 21 Settlement of disputes

Any dispute arising during the application or interpretation of this Agreement shall be resolved through consultations through diplomatic channels.

Article 22 Ratification, entry into force and termination of the Agreement

1. This Agreement is subject to ratification, and instruments of ratification are subject to exchange. This Agreement shall enter into force on the thirtieth day after the exchange of instruments of ratification. 2. By written agreement of the Parties and in accordance with the ratification procedures provided for in this Agreement, amendments and additions may be made to this Agreement. 3. This Agreement is concluded for an indefinite period, each Party may withdraw from this Agreement at any time by notifying the other Party, termination shall take effect six months after the date of such notification, at the same time, actions initiated by either Party shall be carried out in accordance with this Agreement until their completion.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective States, have signed this Agreement.

Done in Abu Dhabi on March 16, 2009, in two copies in Arabic, Kazakh 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 UNITED ARAB EMIRATES

President

Republic of Kazakhstan

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