On the signing of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated June 9, 2015 No. 37
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 DECREE: 1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of convicted persons. 2. To authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullayevich, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature. 3. This Decree comes into effect from the date of signing.
President of the Republic of Kazakhstan N.Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated June 9, 2015 No. 37
Project
Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on the Transfer of Convicted Persons Preamble
The Republic of Kazakhstan and the Islamic Republic of Iran, hereinafter referred to as the "Contracting Parties", guided by their bilateral interests to strengthen 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 as follows,
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. "State of enforcement" means a State that executes in its territory a sentence of imprisonment or other form of deprivation of liberty imposed on a person who is its national; 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" means the circle of persons defined by the national legislation of the State of which the convicted person is a national; 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 remaining period of their sentences.
Article 3 Conditions of transfer
1. A convicted person may be transferred only under the following conditions: a. if that person is a national of the State of Enforcement 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 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 the investigation, judicial proceedings or other procedural actions against the convicted person in the Sentencing State are not ongoing; 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 6 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 shall not be carried out if: a. the punishment cannot be executed in the territory of the State of enforcement of the sentence 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 escaped from custody before the execution of the sentence was completed 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 their citizens.
Article 6 Request for transfer
If the transfer of a convicted person is requested, the Sentencing State shall send 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. information about the identity of the convicted person (surname, first name, patronymic (if any), date and place of birth); 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 convicted person's request 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 on its entry into force; f. documents certified by the sentencing State on the part of 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. information about 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 State of execution of the sentence 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 8The response to the transfer request
The requested Contracting Party, within one month after 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 9The 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 expenses
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 transfer
1. The State of enforcement undertakes to: a. immediately continue the execution of the sentence based on the instructions of its competent authority; or b. through judicial procedure, replace with a punishment provided for by the national legislation of the State of enforcement for such a crime, similar to the punishment imposed in the Sentencing State. 2. The State of enforcement, upon request, 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 a 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 norm and the term of punishment determined by the Sentencing State. 5. In cases where the sentence in its form or timing is incompatible 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 Executing State is obliged to: a. not replace the custodial sentence with a monetary fine; b. to 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 crime or crimes committed. 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. A certified copy 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 executing State, which shall decide on the enforcement of such a decision in accordance with the procedure provided for in article 11 of this Agreement.
Article 14Transit 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 Reciprocal 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 Procedure of communication
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 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 Amendment of 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 20The effect of the Agreement
This Agreement shall enter into force on the date of receipt through diplomatic channels of a written notification that the Contracting Parties have completed all internal procedures necessary for its entry into force. This Agreement is concluded for an indefinite period and remains in force until the expiration of 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.
Committed in the city ________ "_____" _______________ 201__ year, corresponding to __________________________ of the Iranian Calendar, in two copies, each in Kazakh, Persian and English, all texts being authentic and in case of disagreement in the interpretation of the provisions, the English text shall prevail.
For the Republic of Kazakhstan
For the Islamic Republic of Iran
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
