On the signing of the Agreement between the Republic of Kazakhstan and the State of Israel on the transfer of convicted persons

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Decree of the President of the Republic of Kazakhstan dated June 12, 2017 No. 497.

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 State of Israel on the transfer of convicted persons.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Kairat Kozhamzharov, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the State of Israel on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.

The footnote. Paragraph 2 as amended by Decree of the President of the Republic of Kazakhstan dated 03/01/2018 No. 646.

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

President

Republic of Kazakhstan

N.Nazarbayev

Approved by Decree of the President of the Republic of Kazakhstan on June 12, 2017 No. 497

Project

Agreement between the Republic of Kazakhstan and the State of Israel on the transfer of convicted persons

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

based on mutual respect for sovereignty and equality,

Wishing to strengthen legal cooperation between the two countries,

in order to facilitate the reintegration of convicted persons into society in order to serve their sentences in the State of which they are citizens,

We have agreed on the following:

Article 1 Definitions

In order to implement this Agreement, the following definitions are used:

(a) "Sentencing State" means a Party that transfers or has transferred a convicted person from its territory;

(b) "State of enforcement" means a Party that accepts or has accepted a convicted person into its territory;

(c) "Convicted person" means a person sentenced to a fixed term of imprisonment or life imprisonment in accordance with a verdict passed by a court of one of the Parties.

Article 2 General provisions

The Parties may, in accordance with the provisions of this Treaty, transfer to each other convicted persons who have expressed a desire to do so, for the execution of sentences imposed by the Sentencing State on the territory of the State of Enforcement.

Article 3 Central authorities

1. For the purposes of this Agreement, the Parties shall interact with each other directly through the central authorities designated for this purpose.

2. The central bodies specified in paragraph 1 of this article are the Prosecutor General's Office for the Republic of Kazakhstan and the Department of International Affairs of the Prosecutor General's Office for the State of Israel.

3. In the event of a change in the name or functions of the central authorities, the Parties shall notify each other in writing through diplomatic channels.

Article 4conditions for transfer

1. The transfer of a convicted person is carried out in cases where:

(a) The convicted person is a national of the State of Enforcement of the sentence;

(b) The person has been convicted of an act which, according to the laws of the State of Enforcement, is also a crime. For this purpose, the difference in terminology or the discrepancy between the characteristics of the crime does not matter.;

(c) At the time when the transfer request is received, the sentence imposed on the convicted person is enforceable and the period of time to be served by the convicted person is at least one year.;

d) there is a written consent of the convicted person or his legal representative if it is impossible for the convicted person himself to consent to the transfer due to age, physical or mental condition;

e) both Parties agree to the transfer.

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

Article 5 Refusal of transfer

1. The transfer of a convicted person may be refused if:

a) one Party decides that the transfer will harm its sovereignty, security, public order or contradict the fundamental principles of national legislation;

(b) The convicted person has been sentenced for a crime infringing on State security.;

c) the convicted person is involved in legal proceedings in the territory of the Sentencing State.

2. Each Party may decide at its discretion whether or not it agrees to the transfer requested by the other Party for other reasons, regardless of the circumstances provided for in paragraph 1 of this article.

3. The reasons for the refusal must be motivated and communicated to the other Party.

Article 6question and response

1. The convicted person or his legal representative shall send a request to any Party regarding the transfer in accordance with this Agreement. The Party receiving such a request from the convicted person must notify the other Party in writing.

2. A request for the transfer of a convicted person may be sent by either Party. The requested Party shall promptly notify the Requesting Party of its decision regarding the requested transfer of the convicted person.

3. Requests and responses for the transfer of a convicted person shall be made in writing.

Article 7 Submission of documents

1. Upon receipt of a transfer request from one Party and if it is not refused by the other Party, the Sentencing State provides the following documents and information to the State of Enforcement:

a) a certified copy of the verdict, 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 sentence and other information relevant to the execution of the sentence;

(d) Written consent to the transfer, as provided for in subparagraph (d) of paragraph 1 of Article 4 of this Treaty.;

e) information about the convicted person's health status;

f) if necessary, information describing the behavior of the person during the execution of the sentence.

2. The State of execution of the sentence shall provide the sentencing State with the following documents:

a) documents confirming that the convicted person is a citizen of the State of execution of the sentence;

(b) Articles of the law of the State of Enforcement of the sentence indicating that the crime for which the convicted person was sentenced is criminally punishable;

(c) Information on the ability of the Executing State to enforce a sentence imposed by the Sentencing State in accordance with the national legislation of the Executing State.

Article 8 Notification of the convicted person

1. Each Party in its territory shall notify convicted persons to whom this Treaty applies that they may be transferred in accordance with the provisions of this Treaty.

2. Each Party shall notify persons convicted in its territory in writing of the decisions taken by the Sentencing State or the State of Enforcement of the sentence upon the transfer request provided for in article 6 of this Treaty.

Article 9The consent of the convicted person and his confirmation

1. The sentencing State guarantees that the convicted person or his legal representative voluntarily agrees to the transfer with full awareness of its legal consequences and confirms this by giving written consent to the transfer.

2. The sentencing State, at the request of the Executing State, shall provide the Executing State, through an authorized person, with the opportunity to verify that the convicted person has expressed his consent to transfer in accordance with the requirements of paragraph 1 of this article.

Article 10 Transfer of a convicted person

If agreement is reached on the transfer, the Parties shall determine the time, place and procedure for the transfer of the convicted person through consultations.

Article 11 Execution of sentence

1. After receiving the convicted person, the Executing State, in accordance with its national legislation, continues to execute the sentence imposed by the Sentencing State, in accordance with the regime and time limits determined by the Sentencing State.

2. If the regimes and terms of serving a sentence determined by the Sentencing State are incompatible with the national legislation of the State of enforcement, the State of enforcement may amend the sentence with the imposition of a penalty provided for in its national legislation for a similar crime. In case of such a change:

a) The State of enforcement is obliged to recognize the facts contained in the verdict of the Sentencing State.;

(b) The State of enforcement does not have the right to replace a custodial sentence with a monetary penalty.;

(c) The modification of the sentence by the executing State should be in essence and, as far as possible, consistent with the sentence of the Sentencing State;

(d) The modification of the sentence by the Executing State should not aggravate the sentence of the Sentencing State and exceed the maximum sentence provided for by the law of the Executing State for a similar offence.;

(e) The modification of the sentence should not be limited to the minimum sentence applicable to a similar offence under the law of the Executing State;

(f) The term of imprisonment served by the convicted person in the territory of the Sentencing State shall be counted.

3. In the event of a change of sentence in accordance with paragraph 2 of this article, the State of enforcement of the sentence must, within a reasonable time, provide copies of the official documents on the change of sentence to the Sentencing State.

Article 12 Preservation of jurisdiction

1. The sentencing State has the right to retain jurisdiction to amend or overturn a sentence imposed by its court.

2. The State of enforcement of the sentence shall modify or cancel the execution of the sentence if it receives from the Sentencing State a sentence that has been modified or canceled in accordance with this article, issued by a court of the Sentencing State.

Article 13The inadmissibility of double punishment

After the transfer, the convicted person should not be prosecuted or tried in the State of Enforcement for the same criminal acts for which the sentence was imposed in the Sentencing State.

Article 14 Pardon, amnesty and other mitigation measures

1. Each Party has the right, in accordance with its national legislation, to apply an act of pardon or amnesty to the transferred convicted person, immediately notifying the other Party.

2. The State of execution of the sentence has the right, in accordance with its national legislation, to commute the sentence or release the convicted person on parole.

Article 15 Informing about the execution of the sentence

The State of enforcement shall inform the Sentencing State of the execution of the sentence in the following cases::

a) when the sentence is executed;

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

Article 16Transit

1. If one Party, cooperating with a third country, transits convicted persons through the territory of the other Party, the first Party sends the latter a request for permission for such transits.

2. In the case of using air transport and when landing on the territory of the other Party is not planned, such a permit is not required.

3. The Requested Party, if it does not contradict its national legislation, satisfies the request for transit of the Requesting Party.

Article 17 Language

To achieve the objectives of this Agreement, the Parties shall use their official languages with the provision of an English translation.

Article 18 Validity of documents

To achieve the objectives of this Agreement, any documents sent by the central authority of one Party, signed and stamped, are used on the territory of the other Party without confirmation or legalization.

Article 19 Expenses

1. The State of execution of the sentence shall bear the costs:

(a) Related to the transportation of the convicted person, other than expenses incurred exclusively in the territory of the Sentencing State; and

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

2. In the case when the State of Israel is the State of Execution of the sentence, it has the right to impose the costs of transfer or transit on the convicted person.

3. The costs associated with transit transportation shall be borne by the Party requesting permission for transit transportation.

Article 20 Resolution of disagreements

Any differences related to the interpretation and application of this Agreement shall be resolved through consultations between the Parties.

Article 21 Entry into force and termination of the Agreement

1. This Treaty is subject to ratification and shall enter into force thirty days after the date of receipt through diplomatic channels of the last written notification of its ratification by the Parties.

2. This Agreement is concluded for an indefinite period. This Agreement shall terminate upon the expiration of one hundred and eighty days from the date of receipt by one of the Parties of a written notification by the other Party through diplomatic channels of the latter's intention to terminate it.

3. By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in the form of separate protocols, which are its integral parts and enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

4. This Agreement also applies to the transfer of convicted persons who were sentenced before its entry into force.

IN PROOF OF WHICH, the undersigned, being duly authorized thereto, have signed this Agreement.

DONE in _____________________ _____ _________ 20__ G., in two copies, each in Kazakh, Hebrew and English, and all texts have the same power.

In case of disagreement in interpretation, the English text will prevail.

For the Republic of Kazakhstan

For the State of Israel

President

Republic of Kazakhstan

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