On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Republic of Peru
Decree of the President of the Republic of Kazakhstan dated August 18, 2021 No. 640.
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 Extradition Treaty between the Republic of Kazakhstan and the Republic of Peru.
2. To authorize the Prosecutor General of the Republic of Kazakhstan, Asylov Berik Nogaiuly, to sign on behalf of the Republic of Kazakhstan an Extradition Treaty between the Republic of Kazakhstan and the Republic of Peru, 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 05/27/2024 No. 558.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on August 18, 2021 No. 640
Project
AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE REPUBLIC OF PERU ON EXTRADITION
The Republic of Kazakhstan and the Republic of Peru, hereinafter referred to as the "Parties",
Desiring to promote effective cooperation between the Parties in combating crime on the basis of mutual respect for sovereignty and equality,
We have agreed on the following:
ARTICLE 1 OBLIGATION OF EXTRADITION
The Parties, in accordance with the terms of this Agreement, undertake to mutually extradite any person located on their territory who is wanted for the purpose of criminal prosecution or the enforcement of a court verdict that has entered into legal force for extraditable crimes.
ARTICLE 2 EXTRADITABLE OFFENCES
1. For the purposes of this Treaty, extraditable offences are those acts which, in accordance with the national criminal legislation of both Parties, are criminally punishable and for which a penalty of imprisonment of at least one (1) year or more is provided.
2. If the extradition request relates to a person who is wanted for the execution of a court sentence of imprisonment for any extraditable offence, the person may be extradited only if the term of imprisonment to be served is at least six (6) months.
3. When defining a crime in accordance with paragraph 1 of this article, it does not matter whether, according to the national legislation of the Parties, the act constituting this crime belongs to a similar category of crimes or whether this crime is designated by the same or different terminology.
4. If the crime was committed outside the territory of the Requesting Party, extradition is carried out on condition that the national legislation of the Requested Party provides for criminal prosecution for crimes committed outside its territory under the same circumstances.
5. If the request for extradition relates to two or more offences, each of which is punishable under the national legislation of both Parties, but some of them do not contain the features provided for in paragraphs 1 and 2 of this Article, the Requested Party has the right to authorize extradition in respect of all offences.
ARTICLE 3 BINDING GROUNDS FOR REFUSAL OF EXTRADITION
Extradition must be refused in any of the following circumstances:
a) The requested Party will consider that the crime for which the request is sent is a political crime.;
b) The requested Party has substantial grounds to believe that the extradition request was sent for a common criminal offense for the purpose of criminal prosecution or punishment of a person on the basis of race, religion, nationality, citizenship, gender, social status, ethnicity, political beliefs, or the position of this person may be worsened due to such facts;
c) Under the national legislation of the Requesting Party, the crime for which extradition is requested is punishable by death, unless the Requesting Party provides the Requested Party with sufficient guarantees that the death penalty will not be imposed on the wanted person, and if so, will not be carried out.;
d) The requested Party has reason to believe that in the Requesting Party, a person wanted for a crime has been or will be subjected to punishment or any other act or omission that does not ensure respect for fundamental human rights, including protection from cruel, inhuman or degrading treatment;
e) At the time of receipt of the request, criminal prosecution or punishment under the national legislation of the Requested Party cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other legal reasons. When calculating the limitation period, the Requested Party must take into account any suspending circumstances that occurred in the territory of the Requesting Party.;
f) In respect of the person whose extradition is requested, a court verdict has been passed in the territory of the Requested Party for the same act, which has entered into legal force, or the criminal proceedings against him have been definitively terminated, suspended, or the charge against him has been definitively dropped.;
g) The Requested Party has granted asylum to the person in respect of whom an extradition request has been received.;
h) The requested Party considers that the extradition of a person may harm its sovereignty, national security, public order or other essential interests, or contradict its national legislation or international obligations.;
i) in the case of an act relating to military crimes that are not crimes under ordinary criminal law, in respect of which extradition is requested, in accordance with the national legislation of the Requested Party.
ARTICLE 4FACULTATIVE GROUNDS FOR REFUSAL OF EXTRADITION
The extradition of a person may be refused in any of the following circumstances:
a) if the crime for which extradition is requested was committed in the territory of the Requested Party and falls under its jurisdiction, and the wanted person is under investigation and will be prosecuted by the competent authorities of the Requested Party for the same crime for which extradition has been requested.;
b) if the Requested Party, taking into account the severity of the crime and the interests of the Requesting Party, considers that the extradition of the person would be incompatible with considerations of humanity due to the age, state of health or other personal circumstances of the wanted person. In this case, instead of refusing to extradite the person, the Requested Party has the right to delay extradition until the reasons for believing that extradition will have grave consequences for the wanted person are eliminated. To this end, the Requested Party shall consult with the Requesting Party before making a decision.
ARTICLE 5THE EXTRADITION OF OWN CITIZENS
1. The Requested Party is not obliged to extradite a person who is a national of the Requested Party. However, the competent authority of the Requested Party, subject to compliance with the relevant national legislation of that Party, has the right, at its discretion, to extradite a citizen of its Party, if deemed appropriate.
2. In case of refusal to extradite its national, the Requested Party, at the request of the Requesting Party, must subject that person to criminal prosecution or enforce an effective sentence imposed by the Requesting Party in accordance with its national legislation. For this purpose, the Requesting Party, through the central authorities specified in Article 6 of this Treaty, shall provide the criminal case, evidence, any other documents and information at its disposal.
3. The requested Party shall promptly inform the Requesting Party of the actions taken on such request, of the outcome of the proceedings in the case or of the final procedural decision taken.
ARTICLE 6 CENTRAL AUTHORITIES
1. For the purposes of this Agreement, the central authorities designated by the Parties shall interact with each other directly or through diplomatic channels.
2. The central authorities are:
for the Republic of Kazakhstan – the Prosecutor General's Office;
For the Republic of Peru, it is the Office of the Attorney General.
3. In case of any changes related to the central authorities, the Parties notify each other through diplomatic channels.
ARTICLE 7 REQUEST FOR EXTRADITION
1. An extradition request shall be made in writing, submitted through diplomatic channels, and must contain the following:
a) first and last name, date of birth, gender, nationality, information about the identity document, and any other information that may contribute to identifying the identity of the wanted person and his location, as well as, if available, identification data, photographs, and fingerprints.;
b) information about the circumstances of the crime in connection with which the extradition request was sent, indicating the date and place of its commission;
c) the text of the relevant law qualifying the crime in connection with which the extradition request was sent and establishing the punishment for it;
d) the text of the relevant law relating to the limitation of the time of criminal prosecution or execution of punishment;
e) if necessary, the text of the relevant law providing for the jurisdiction of the Requesting Party for a crime that was committed outside its territory.
2. In addition to the provisions of paragraph 1 of this article, an extradition request must be accompanied by:
a) copies of the decision on the qualification of the suspect's act, the indictment and the court's decision/arrest warrant certified by the competent authority of the Requesting Party, if the request is related to criminal prosecution;
b) a copy of the court verdict that has entered into legal force, certified by the competent authority of the Requesting Party, and a certificate of the parts of the sentence that have been served and are to be served, if the request is related to the enforcement of the court verdict.
3. If a person has been convicted in absentia, extradition may be carried out if the Requesting Party provides the Requested Party with guarantees that the person has the right to review the court's verdict in absentia in order to ensure his rights to defense.
ARTICLE 8 ADDITIONAL INFORMATION
1. If the information accompanying the extradition request provided by the Requesting Party is insufficient for the Requested Party to make a decision in accordance with this Treaty, the Requested Party has the right to request additional information. The requested additional information must be provided within forty-five (45) days from the date of receipt of such request.
2. If the wanted person is under arrest and the requested additional information is not received within the period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person if additional information becomes available in the future.
3. If a person is released from custody in accordance with paragraph 2 of this Article, the Requested Party must notify the Requesting Party as soon as possible.
ARTICLE 9THE PERMISSIBILITY OF DOCUMENTS
1. Documents certified by central or competent authorities must be acceptable in the procedure of extradition of a wanted person without further certification, authentication and legalization.
2. Requests and necessary documents must be drawn up in the language of the Requesting Party and accompanied by a certified translation into the language of the Requested Party or into English.
ARTICLE 10 RESOLUTION ON EXTRADITION REQUEST
1. The requested Party shall take a decision on the extradition request in accordance with the provisions of this Treaty and its national legislation, immediately informing the Requesting Party of its decision through diplomatic channels.
2. If the Requested Party rejects the extradition request in whole or in part, such a decision must be justified.
3. In case of refusal of extradition on formal grounds, the Requesting Party has the right to send a second request for extradition. When sending such an extradition request, these formalities must be taken into account.
4. The requested Party has the right to grant extradition in accordance with its national legislation if the wanted person voluntarily consents to extradition to the competent authorities of the Requested Party. However, such consent cannot be subsequently revoked.
ARTICLE 11 SPECIAL RULE
1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, conviction, or punishment or any other measure of restriction of liberty for any other crime committed prior to his extradition, except in the following cases::
a) if the extradited person has refused the guarantees provided for in paragraph 1 of this article;
b) if the crime was committed after the extradition;
c) if the extradited person has left the territory of the Requesting Party after extradition and voluntarily returned back;
d) if the extradited person has not left the territory of the Requesting Party within thirty (30) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person did not leave the territory of the Requesting Party for reasons beyond his control.;
f) if the Requested Party has consented to this, a request is sent for which the documents specified in Article 7 of this Treaty and an official document with any statement made by the said person are attached. The requested Party agrees if, in each specific case, the conditions of extradition established by this Agreement are met.
2. Without the consent of the Requested Party, the Requesting Party may not extradite or transfer a person extradited in accordance with this Treaty to a third State for any crime committed prior to his extradition.
ARTICLE 12REST FOR THE PURPOSE OF EXTRADITION
1. Upon a request for arrest by the Requesting Party, the wanted person may be arrested pending receipt of the extradition request.
2. An arrest request may be sent directly between the central authorities or with the assistance of the International Criminal Police Organization (Interpol). An arrest request can be transmitted using technical means of communication. The original request must be sent simultaneously through diplomatic channels.
3. The request for arrest must contain:
a) description of the wanted person, including identification and nationality information;
b) if known, information about his whereabouts;
c) a brief description of the crime, the time and place of its commission;
d) applicable provisions of the criminal law;
f) a statement of the existence of a court decision or an arrest warrant in relation to the wanted person; and
f) guarantees that the request for extradition of the wanted person will be submitted as soon as possible.
4. The requested Party is obliged to immediately inform the Requesting Party of the results of the examination of the request for arrest.
5. If, after sixty (60) days from the date of the person's arrest, the central authority of the Requested Party has not received an extradition request, the arrested person shall be released. However, the release of a person should not prevent re-arrest and extradition if the Requested Party subsequently receives an extradition request.
ARTICLE 13 REQUESTS FOR EXTRADITION FROM SEVERAL STATES
1. If the Requested Party receives requests for extradition against the same person from two or more States, including the Requesting Party, for the same or for different crimes, the Requested Party determines to which State the person will be extradited.
2. When making a decision in accordance with paragraph 1 of this Article, the Requested Party must take into account all the circumstances and in particular:
a) are the requests based on international agreements;
b) place and time of the crime;
c) interests of requesting States;
d) the severity of the crimes;
e) nationality of the wanted person;
f) The possibility of subsequent extradition between requesting States; and
g) the chronological order in which requests are received from requesting States.
ARTICLE 14 TRANSFER OF THE EXTRADITED PERSON
1. If the extradition request is granted, the Parties will immediately agree on the date, place and other relevant conditions related to extradition. The requesting Party is informed of the length of the period during which the wanted person was detained for the purpose of extradition, and this time is included in the total sentence.
2. The time period for the transfer of the extradited person is thirty (30) days from the date when the Requesting Party received the decision on the extradition request.
3. If, during the period specified in paragraph 2 of this Article, the Requesting Party does not accept the extradited person, the Requested Party shall immediately release that person and have the right to reject a new extradition request against that person for the same offence, except in the case provided for in paragraph 4 of this Article.
4. In case of unforeseen or force majeure circumstances preventing the transfer or receipt of the extradited person, the central authorities of the Parties must agree on a new date and other necessary conditions for the transfer.
5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court verdict and returned to the territory of the Requested Party, this person may be re-extradited on the basis of a new extradition request clarifying the situation. In this case, the documents listed in Article 7 of this Agreement are not required to be submitted to the request for extradition.
ARTICLE 15 DELAY OF EXTRADITION OR TEMPORARY EXTRADITION
1. If a wanted person is being prosecuted or is serving a sentence for committing a crime other than the one for which extradition is requested, the Requested Party has the right, after making a decision to extradite the person, to delay his transfer until the end of the proceedings or until the full execution of the sentence. In the event of such a delay, the Requested Party shall immediately notify the Requesting Party.
2. If the postponement of extradition may significantly complicate the investigation of the case or lead to the expiration of the statute of limitations, at the request of the Requesting Party, the Requested Party has the right to temporarily extradite the wanted person on mutually agreed terms. A person who has been temporarily extradited must be held in custody while in the territory of the Requesting Party and returned to the Requested Party within the agreed time limit. The time spent in custody of a person is counted in the total period of execution of the sentence of the court of the Requested Party.
3. The transfer of an extradited person may also be postponed when, due to the state of health of the person, it may endanger his life or worsen his state of health. In this case, the Requested Party must provide the Requesting Party with a detailed medical report issued by its competent medical institution.
ARTICLE 16 WITHDRAWAL AND TRANSFER OF OBJECTS AND DOCUMENTS
1. At the request of the Requesting Party, the Requested Party must, in accordance with its national legislation, seize, confiscate and transfer any items and documents found on its territory that were obtained as a result of a crime or may serve as evidence. In this case, the items and documents are transferred to the Requesting Party, if possible, during the transfer of the extradited person.
2. With the consent of the Requested Party, the items and documents referred to in paragraph 1 of this Article may be transferred at the request of the Requesting Party, even if it is impossible to extradite the person.
3. In order to conduct other criminal proceedings, the requested Party may temporarily delay the transfer of the items and documents referred to in paragraph 1 of this Article or transfer them on the terms of return.
4. The transfer of seized or confiscated items and documents to the Requesting Party shall be carried out without prejudice to the rights of the Requested Party or third parties. At the request of the Requested Party, the Requesting Party shall immediately and free of charge return the received items and documents, commensurate with the rights of these parties to such property, within one (1) month after the conclusion of the court proceedings, unless the Parties agree otherwise.
ARTICLE 17TRANSIT
1. The Parties, in accordance with their national legislation and without prejudice to their interests, have the right to allow transit through their territory of persons extradited to the other Party by a third State.
2. To do this, the Requesting Party shall send to the Requested Party, through the central authorities or, in particularly 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 person's extradition.
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 Requesting Party shall immediately notify the Transit Party, and the Transit Party shall detain the person being transported for up to fifteen (15) days pending the transit request.
5. If the transit request is not received within the time period specified in paragraph 4 of this Article, the person is subject to release, unless otherwise agreed by the Parties.
ARTICLE 18 EXPENSES
1. The costs associated with the implementation of this Agreement shall be borne by the Party in whose territory they arose, in accordance with its national legislation.
2. The costs of transit shall be borne by the Requesting Party.
3. The expenses related to the detention of a person during his transit transportation shall be borne by the Requested Party.
ARTICLE 19 INFORMING ABOUT THE RESULTS
The requesting Party shall provide the Requested Party with information on the criminal prosecution, judicial proceedings or the enforcement of a court sentence against the extradited person, or information on the re-extradition of the extradited person to a third State.
ARTICLE 20THE 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 SETTLEMENT OF DISPUTES
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. Amendments and additions may be made to this Agreement by mutual agreement of the Parties. Such amendments and additions are an integral part of the Agreement and are formalized in separate protocols, which enter into force in accordance with the procedure provided for in paragraph 1 of this article.
3. Either Party has the right to terminate this Agreement. The termination shall take effect upon the expiration of one hundred and eighty (180) days from the date of receipt by one of the Parties through diplomatic channels of a written notification from the other Party.
4. In the event of termination of this Agreement, the extradition procedures initiated during its validity period shall remain in force until they are fully implemented.
5. This Treaty also applies to crimes committed before and after its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
COMMITTED in _____________ ___ ________________ 20__ in two copies, each in Kazakh, Spanish and English, all texts being authentic.
In case of disagreement in the interpretation of the provisions of this Agreement, the English text shall prevail.
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FOR THE REPUBLIC OF KAZAKHSTAN
FOR THE REPUBLIC OF PERU
President
Republic of Kazakhstan
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