On the signing of the Agreement between the Republic of Kazakhstan and the Dominican Republic on the transfer of Convicted persons

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Decree of the President of the Republic of Kazakhstan dated June 3, 2020 No. 344.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "on international treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Dominican Republic on the transfer of convicted persons.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Nurdauletov Gizat Daurenbekovich, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Dominican Republic on the transfer of convicted persons, authorizing amendments and additions that are not fundamental.

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan

K.Tokaev

Nur-Sultan, Akorda, June 3, 2020 No. 344

Approved by Decree of the President of the Republic of Kazakhstan on June 3, 2020 No. 344

Project plan

Agreement between the Republic of Kazakhstan and the Dominican Republic on the transfer of Convicted persons

The Republic of Kazakhstan and the Dominican Republic, hereinafter referred to as the "Parties", wishing to promote effective cooperation in the field of transfer of convicted persons in order to facilitate their social reintegration, believing that this goal can be achieved through the conclusion of a bilateral Agreement establishing opportunities for convicted persons to serve their Sentences in their public environment, Agreed as follows:

Article 1

General provisions

1. The Parties, under the conditions set forth in this Agreement, undertake to maximize cooperation in the field of transfer of convicted persons.

2. A person convicted in the territory of one party may be transferred in accordance with the provisions of this Treaty to the territory of the other party to serve the prescribed sentence. For this purpose, in accordance with this Agreement, the convicted person may express a desire to transfer both to the Transferring Party and to the Receiving Party.

Article 2

Definition

For the purposes of this Agreement:

(a) "Convicted person" means a person against whom a final sentence has been passed;

(b) "Sentence" means a final judicial decision imposing a custodial sentence for the commission of a crime;

(d) "Receiving Party" means a Party to whose territory a convicted person may be or has already been transferred for the execution of a custodial sentence;

(e) "Minors under special treatment" means persons under the age of 18 who are serving a custodial sentence or are being held in custody by a final court decision.

Article 3

Central authorities

1. For the purposes of this Agreement, the central authorities designated by the Parties shall interact with each other continuously.

2. The central authorities are:

For the Republic of Kazakhstan – the Prosecutor General's Office;

for the Dominican Republic – the Office of the Attorney General of the Republic, the Prosecutor's Office (Department of International Legal Assistance and Extradition).

3. In case of changes related to the central authorities, one party notifies the other party through diplomatic channels.

Article 4

Conditions for transfer

A convicted person may be transferred in accordance with this Agreement if the following conditions are met:

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

b) the verdict is final;

c) at the time of receipt of the transfer request, the remaining sentence is at least 6 (six) months;

d) the convicted person applies for transfer or, due to his age or physical condition, applies through his legal representative.;

(e) The acts or omissions for which the person has been convicted constitute a crime under the national legislation of both Parties;

f) both Parties agree to transfer the convicted person to the person;

g) the convicted person has paid a fine and/or compensated for the damage, except in cases where the convicted person confirms his/her insolvency.

Article 5

Conditions for refusal of transfer

The transfer may be refused if:

(a) Any of the conditions specified in article 4 has not been fulfilled;

(b) Any Party considers that the transfer may be detrimental to sovereignty, security, public order or contrary to its national legislation;

(c) The punishment according to the national legislation of the Receiving Party differs significantly from the punishment determined by the Transmitting Party;

(d) Criminal proceedings are being conducted against the person in the territory of the Transferring Party.

Article 6

Transfer decision

1. The Parties shall decide on the transfer in accordance with this Agreement and their national legislation.

2. In case of refusal of transfer, such a decision must be justified.

Article 7

Obligation to inform

1. In accordance with this Agreement, the convicted person to whom this Agreement may be applied must be informed by the Transferring Party of the possibility of transfer and of the legal consequences of transfer.

2. If the Transferring Party agrees to transfer the convicted person, it shall inform the Receiving Party about this and provide the following documents and information:

a) surname, first name, patronymic, date and place of birth of the convicted person;

(b) Information on the nature, duration, date of commencement and termination of the execution of the sentence;

c) information about the time served and the time to be served, as well as other information necessary for the execution of the sentence;

d) a certified copy of the judgment of the court, the decision on its entry into force or execution;

f) if the Receiving Party considers that the documents and information provided by the Transmitting Party are insufficient, it may request additional information.;

(f) A declaration provided for in accordance with subparagraph (d) of article 4 of this Treaty, containing the consent of the convicted person to his transfer.

Article 8

Transfer request

1. Requests for transmission and responses must be submitted in writing through the central authorities.

The receiving Party shall attach the following documents to the transfer request and response:

a) a document confirming the citizenship of the convicted person;

(b) Copies of legal provisions confirming that the acts or omissions for which the sentence was passed against the Transmitting Party constitute a crime against the Receiving Party.

The transmitting Party shall attach the following documents to the transfer request or response:

a) a certified copy of the verdict;

(b) Information on the nature and duration of the sentence, the date of commencement of its execution, and the time served.;

2. The decision to accept or reject the transfer request should be communicated as soon as possible.

Article 9

Consent and verification

The transferring party must take the necessary measures to ensure that the convicted person who consents to the transfer provided for in subparagraph (d) of article 4 of this Treaty does so voluntarily and with full awareness of the legal consequences of such transfer.

Article 10

Consequences of transmission

1. The transfer of a convicted person to a person presupposes the termination of the execution of the sentence to the Transferring Party.

2. The transferring party is not entitled to execute the sentence if the Receiving Party notifies it of the completion of the execution of the sentence.

Article 11

Execution of the sentence

1. The receiving party continues to enforce the sentence or decision related to deprivation of liberty in accordance with its national legislation.

2. If the punishment, by its nature and duration, does not correspond to the punishment provided for by the national legislation of the Receiving Party, then it is replaced by the maximum appropriate punishment provided for by its national legislation for a similar crime. In such a case, the punishment by its nature or duration should not be more severe than in the sentence imposed by the Transferring Party and exceed the maximum term of punishment provided for by the national legislation of the Receiving Party for a similar crime. Also, the punishment should not be limited to the minimum term of punishment applicable to a similar crime under the national legislation of the Receiving Party. In this case, the Receiving Party must send its court decision to the Transferring Party.

3. The execution of the sentence against the transferred person is carried out in accordance with the national legislation of the Receiving Party.

Article 12

Amnesty, pardon, commutation of punishment

The parties have the right, in accordance with their national legislation, to apply amnesty, pardon or other mitigation measures. In this case, the Parties inform each other.

Article 13

Review of the verdict

Only the Transferring party has the right to decide on applications for a review of the verdict.

Article 14

Termination and change of sentence

The receiving Party must terminate or modify the execution of the sentence immediately after the Transferring Party informs of any decision to terminate or modify the sentence.

Article 15

Informing about the execution of the sentence

The Receiving Party shall inform the Transmitting Party of the execution of the sentence in the following cases::

a) if she considers the execution of the sentence completed;

b) if the convicted person has escaped or died before the end of the execution of the sentence;

c) if the Transmitting Party requests such information.

Article 16

Violations under special treatment

This Agreement also applies to minors under special treatment in accordance with the laws of the Parties. The execution of the punishment in the form of imprisonment, which is applied to such minors, is carried out in accordance with the legislation of the Receiving Party. For the transfer of minors, the consent of their legal representative must be obtained.

Article 17

Transit

1. If one of the parties transports a convicted person from a third country, the other party shall assist in facilitating the transit of the convicted person through its territory, unless this is contrary to its national legislation.

2. To this end, the requesting party shall send to the requested party, through the central authorities or, in 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 transfer of the person.

3. The requested Party must detain the person being transported in its territory.

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

5. If the transit request is not received within the time limits specified in paragraph 4 of this Article, the person is subject to release, unless otherwise agreed by the Parties.

Article 18

Languages and expenses

1. The request for the transfer of a convicted person and the necessary documents must be drawn up in the language of the requesting party and accompanied by a translation into the language of the requested party or into English. 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. If the petition is filed by a convicted person, it may be written in the language he or she speaks.

2. The costs incurred during the transfer of the convicted person and the execution of the sentence after the transfer shall be borne by the Receiving Party in accordance with its national legislation. If the national legislation of the Receiving Party does not prohibit it, it has the right to collect transfer costs from the convicted person.

3. The costs associated with transit are borne by the Receiving Party.

Article 19

Exemption from document legalization

Documents drawn up for the purposes of this Agreement must be signed by an official and stamped with the stamp of the competent authority, in which case no other legalization, certification or authentication is required.

Article 20

The relationship of this Treaty with other international agreements

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

Article 21

Regulation of discrepancies

Any differences arising during the application or interpretation of this Treaty shall be resolved through consultations and negotiations through diplomatic channels.

Article 22

Final provisions

1. This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

2. The Parties may make changes and additions to this Agreement by mutual agreement. 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 in paragraph 1 of this article.

3. Each Party has the right to terminate this Agreement. Termination shall take effect upon the expiration of 180 (one hundred and eighty) days from the date of receipt through diplomatic channels of one of the parties of a written notification by the other party of the intention to terminate this Agreement.

4. In the event of termination of this Agreement, the procedures for the transfer of persons initiated during its validity period shall remain in force until their full implementation.

5. This Treaty also applies to the enforcement of sentences imposed before its entry into force.

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

To clarify the situation _____________ ___ ______________ 20__ in two copies, each in Kazakh, Spanish and English, all texts being authentic.

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

For the Republic of Kazakhstan

For the Dominican Republic

President

Republic of Kazakhstan

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