On the ratification of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of Convicted Persons

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of Convicted Persons

The Law of the Republic of Kazakhstan dated January 11, 2017 No. 43-VI SAM.

 To ratify the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of Convicted persons, signed in Tehran on April 11, 2016.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of convicted persons

The preamble

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

Guided by our bilateral interests in strengthening effective cooperation in the field of criminal law,

based on the principles of national sovereignty, territorial integrity and non-interference in each other's internal affairs,

have agreed on the following,

Article 1

Concepts

The meaning of the terms used in this Agreement is as follows:

a. "Sentencing State" means a State whose courts have imposed a sentence of imprisonment or other form of deprivation of liberty on a person who may be or has already been transferred.;

 b. "The State of execution of the sentence" is a State that executes in its territory a sentence of imprisonment or other form of imprisonment against a person who is its citizen.;

 c. "Convicted person" means a person who has been sentenced by the courts of one of the Contracting Parties to imprisonment or imprisonment for committing a crime.;

 d. "Close relatives" is a circle of persons defined by the national legislation of the State of which the convicted person is a citizen.;

e. "Competent authorities of one of the Contracting Parties" are bodies that, in accordance with the national legislation of the Contracting Parties, are involved in the process of transferring convicted persons in various ways.

Article 2

Scope of the Agreement

According to this Agreement, either Contracting Party may transfer to the State of Enforcement persons sentenced to imprisonment in the territory of the Sentencing State to serve the remainder of their sentences.

Article 3

Conditions of transfer of convicted persons

1. A convicted person may be transferred only under the following conditions:

 a. If this convicted person is a citizen of the State of Execution of the sentence;

 b. If, according to the national legislation of the Sentencing State, the sentence is final and has entered into legal force;

 c. If the remaining term of serving the sentence is more than six months at the time of receipt of the request;

 d. If the convicted person agrees to his transfer, or the transfer is requested by his close relatives or legal representative or by one of the Contracting Parties due to his physical or mental condition;

 e. If the act for which the sentence is imposed is a crime in accordance with the national legislation of the State of enforcement of the sentence;

f. If the Sentencing State and the State of Enforcement agree to the transfer of the convicted person;

 g. If there is no ongoing investigation, judicial proceedings or other procedural actions against the convicted person in the Sentencing State;

 h. If the convicted person has not been convicted of a military crime;

 i. If the material damage caused by the crime has been compensated.

2. In exceptional cases, the Contracting Parties may agree to transfer convicted persons who have less than six months remaining in prison, or if the material damage caused by the crime has not been fully compensated.

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

 a. The punishment may not be executed on the territory of the Executing State due to the expiration of the statute of limitations in accordance with its national legislation.;

 b. The sentencing State has not properly fulfilled the requirements of article 6 of this Agreement;

c. This may damage the sovereignty, public order, or contradict the fundamental principles of legislation and/or other essential interests of one of the Contracting Parties.

Article 4

Required documents

1. The executing State must provide the sentencing State with the following information regarding the execution of the sentence:

 a. If the convicted person has escaped from custody before the completion of the execution of the sentence in the territory of the Executing State;

 b. If the Sentencing State requests special information about the status of the convicted person.

2. The sentencing State shall inform the convicted person in writing of any actions taken by either Contracting Party in accordance with this Agreement upon request for transfer.

Article 5

Information exchange

The Contracting Parties shall exchange information on convicted persons who are citizens of the other Contracting Party.

Article 6

Transfer Request

If the transfer of a convicted person is requested, the Sentencing State shall forward the following documents to the State of Enforcement, unless otherwise agreed by the Contracting Parties:

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

 b. Documents on the citizenship of the convicted person;

c. The text of the articles of the Criminal Code on the basis of which the person was convicted;

 d. The petition of the convicted person for the transfer of either his legal representative or close relatives in accordance with subparagraph d of paragraph 1 of Article 3 of this Agreement;

 e. Copies of the verdict and documents confirming its entry into force;

 f. Documents certified by the Sentencing State on the sentence served, the period of detention during the pre-trial proceedings and pardon, amnesty, mitigation of the conditions of the sentence and the remaining period of punishment;

 g. A medical report on the physical and mental health of the convicted person.

Article 7

Consent to transfer

 1. The sentencing State must ensure that the consent referred to in subparagraph d of paragraph 1 of article 3 of this Agreement was given voluntarily and with full awareness of its consequences.

2. The executing State has the right to verify through its consul or, by agreement through other authorized persons, that such consent has been given to the Sentencing State.

Article 8

Response to the transfer request

 The requested Contracting Party, within one month of receiving the documents referred to in Article 6 of this Agreement, shall decide on the consent or refusal of transfer and notify the convicted person, his legal representative or close relatives and the Sentencing State of its decision in writing.

Article 9

Time, place and conditions of transfer

The Contracting Parties shall agree on the place, date and conditions of transfer of the convicted person.

Article 10

Transfer costs

All expenses related to the transfer of a convicted person from the moment of his transfer to the State of Execution of the sentence are borne by the State of Execution of the sentence.

Article 11

Execution of the sentence after the transfer

 1. The State of execution of the sentence undertakes:

 a. To proceed immediately with the execution of the sentence based on the instructions of its competent authority; or

 b. Through a judicial procedure, it should be replaced by a punishment provided for by the national legislation of the State of execution of the sentence for such a crime, similar to the punishment imposed in the Sentencing State.

 2. Upon request, the State of enforcement undertakes to inform the Sentencing State before transferring the convicted person which of the procedures specified in paragraph 1 of this article it will follow.

 3. The execution of the sentence is carried out in accordance with the national legislation of the State of execution of the sentence and only this State is competent to make all necessary decisions regarding the convicted person.

 4. If the execution of the sentence continues, the State of Execution of the sentence is limited by the legal norms and the term of punishment determined by the Sentencing State.

 5. In cases where the sentence is incompatible in its form or timing with the national legislation of the State of enforcement, or if required by its national legislation, that State may, through its competent authority, adapt the sentence to the punishment or measures provided for in its national legislation for a similar offence.

 6. In the event of a change of sentence, the State of Enforcement applies its own procedures. When changing the sentence, the State of Enforcement of the sentence is obliged to:

 a. Not to replace the punishment in the form of imprisonment with a monetary fine;

 b. Deduct the entire term of imprisonment served by the convicted person;

 c. Not to worsen the punishment imposed on the convicted person and not to limit him to the minimum term of punishment that may be provided for by the national legislation of the State of enforcement of the sentence for the committed crime or crimes.

 7. If the procedure for changing the sentence is carried out after the transfer of the convicted person, the State of Enforcement of the sentence shall keep the person in custody or in any other way ensuring his stay in the State of Enforcement of the sentence until the completion of this procedure.

Article 12

Pardon, amnesty and commutation of punishment

Either Contracting Party may, in accordance with its national legislation, pardon, grant amnesty or commute the sentence imposed on a convicted person.

Article 13

Review of the verdict

Only the sentencing State has the right to review the sentence imposed on the convicted person.

 Certified copies of the judicial decisions of the Sentencing State that annul or amend the sentence and other necessary documents shall be immediately sent to the competent authority of the State of enforcement of the sentence, which shall decide on the enforcement of such a decision in accordance with the procedure provided for in article 11 of this Agreement.

Article 14

Transit from a third country

Either Contracting Party, at the request of the other Contracting Party, shall assist in the transit of a convicted person from its territory to a third State or from a third State to the territory of the other Contracting Party on the basis of an Agreement between the other Contracting Party and the third State.

The costs associated with transit transportation are borne by the Contracting Party requesting such transportation.

Article 15

Reverse action

The provisions of this Agreement are also applicable to sentences handed down by courts of any of the Contracting Parties prior to its entry into force.

Article 16

The order of intercourse

Relations between the Prosecutor General's Office of the Republic of Kazakhstan on the one hand and the Ministry of Justice of the Islamic Republic of Iran on the other hand, which are central authorities in accordance with this Agreement, are carried out through diplomatic channels.

Article 17

Language

 Transfer requests and accompanying documents must be translated into the language of the requested Contracting Party or into English.

Article 18

Dispute resolution

Any disputes concerning the interpretation and application of this Agreement shall be resolved through diplomatic channels through consultations or negotiations between the competent authorities of the Contracting Parties.

Article 19

Making changes to the Agreement

 This Agreement may be amended in writing by mutual agreement of the Contracting Parties. Any amendment shall enter into force in accordance with the procedure provided for in Article 20 of this Agreement.

Article 20

Validity of the Agreement

This Agreement shall enter into force 30 days after the date of receipt, through diplomatic channels, of the last written notification from the Contracting Parties on the completion of domestic procedures in accordance with their legislation and regulations necessary for its entry into force.

This Agreement is concluded for an indefinite period and remains in force after six months from the date of receipt through diplomatic channels of one of the Contracting Parties of a written notification from the other Contracting Party of its intention to terminate this Agreement.

Termination of this Agreement does not affect transfer requests sent during its validity period.

This Agreement, consisting of a Preamble and 20 Articles, was signed in the city of Tehran on April 11, 2016, which corresponds to the 25th Farward of the Iranian calendar, in two copies, each in Kazakh, Persian and English, all texts being authentic and in case of disagreement in its interpretation, the English text shall prevail.

For the Republic of Kazakhstan

For the Islamic Republic of Iran

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of Convicted Persons, signed in Tehran on April 11, 2016 in Kazakh, Persian and English with the text in Russian.

Deputy Head of the Department

international cooperation

The General Prosecutor's Office

Republic of Kazakhstan

G.Koigeldiev

RCPI's note!  The text of the Agreement is attached in Persian and English.

President

Republic of Kazakhstan

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