On the signing of the Agreement between the Republic of Kazakhstan and the Kingdom of Saudi Arabia on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated November 5, 2014 No. 943
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 Kingdom of Saudi Arabia on the transfer of convicted persons.
2. To authorize the Prosecutor General of the Republic of Kazakhstan Asanov Zhakip Kazhmanovich to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Kingdom of Saudi Arabia on the transfer of convicted persons, allowing 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 06/15/2016 No. 281.
3. This Decree shall enter into force 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 November 5, 2014 No. 943
Project
agreement
between the Republic of Kazakhstan and the Kingdom of Saudi Arabia on the transfer of convicted persons
The Republic of Kazakhstan and the Kingdom of Saudi Arabia (hereinafter referred to as the "Parties"), on the basis of mutual respect for sovereignty and equality, wishing to strengthen legal cooperation between the two countries in order to facilitate the reintegration into society of convicted persons to serve their sentences in the State of which they are citizens, have agreed as follows:
Article 1 Definitions
For the purposes of implementing this Agreement, the following definitions are used, unless the context implies otherwise: a) (b) "Sentencing State" means the sentencing State from which the convicted person may be transferred or has already been transferred; "State of enforcement" - The State to which the convicted person may be transferred or has already been transferred; c) "convicted person" - a person in respect of whom there is a court verdict that has entered into force and is subject to execution, providing for a custodial sentence; (d) "Sentence" means a court decision that has entered into legal force and is enforceable, providing for a custodial sentence for the commission of a crime.
Article 2 General provisions
1. Each of the Parties shall immediately inform the other Party of the judgments of the courts that have entered into force, providing for punishment in the form of imprisonment, imposed on its territory against any citizen of the other Party. 2. In accordance with the provisions of this Agreement, the Parties shall cooperate as much as possible in order to carry out a custodial sentence against citizens of the other Party or to continue the execution of the sentence in the State of which the convicted person is a national.
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 or through diplomatic channels. 2. To implement this Agreement, the central authorities are: - the Prosecutor General's Office for the Republic of Kazakhstan; - the Ministry of Internal Affairs (Standing Committee on Prisoner Transfer) for the Kingdom of Saudi Arabia. 3. In the event that either Party changes the names of the said central authorities, the other Party shall be informed of such change through diplomatic channels. 4. The interaction between the central authorities of the Parties regarding the application of the provisions of this Agreement is carried out in writing.
Article 4conditions for transfer
1. The transfer of a convicted person may be carried out subject to the following conditions: a) the crime for which the sentence has been imposed is punishable by imprisonment under the national legislation of both Parties; b) the convicted person is a citizen of the State of enforcement; c) the sentence has entered into force and is subject to execution; d) both Parties agree to the transfer; e) there is a written consent to transfer from the convicted person or his legal representative due to the age, physical or mental condition of the convicted person; (f) At the time of receipt of the transfer request, the sentence to be served is at least six months; (g) Except in cases where the convicted person is declared insolvent, he must repay any financial obligations or provide guarantees for their repayment that the Sentencing State deems acceptable; (H) The convicted person must not be involved in any legal proceedings. procedures in relation to him in the Sentencing State. 2. In exceptional cases, the transfer may be carried out by agreement of the Parties, even if the time period to be served is less than six months.
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. 2. Each Party has the right, at its discretion, to decide whether or not it agrees to the transfer requested by the other Party, despite the provisions of paragraph 1 of this Article.
Article 6questions
1. Transfer requests may be sent to: a) The sentencing State; (b) The State of enforcement; or (c) the convicted person or his legal representative due to the age, physical or mental condition of the convicted person. 2. Such requests should be sent to the central authorities of either Party. 3. The Party receiving such a request must notify the other Party in writing.
Article 7 Submission of documents
1. The following documents shall be attached to the transfer request by the Sentencing State: (a) a certified copy of the sentence that has entered into force, including the relevant provisions of the law on which it is based, as well as a brief summary of the case; (b) information indicating the type and duration of the sentence; (c) information on the length of time served and the parts of the sentence to be served, including the time of pre-trial detention, information about the expected date of release, and other information regarding the sentence or its execution.; (d) Written consent to the transfer, as provided for in subparagraph (e) paragraph 1 of Article 4 of this Agreement; e) information on the state of health of the convicted person; f) information describing the behavior of the person during the serving of the sentence. 2. The State of execution of the sentence shall provide the following documents: (a) documents confirming that the convicted person is its national; (b) an extract from the provisions of the law indicating that the act or omission for which the sentence was imposed is criminally punishable in the State of Execution. 3. Each of the Parties has the right to request from the other Party the provision of additional information or documents related to the transfer.
Article 8 Notification of the convicted person
1. Each Party in its territory must notify the convicted persons to whom this Agreement applies that they may be transferred in accordance with the provisions of this Agreement. 2. The parties should inform the convicted persons about the measures and decisions taken on the transfer request.
Article 9 Transfer and expenses
1. If agreement is reached on the transfer, the Sentencing State will transfer the convicted person to the State of Enforcement at the agreed time and place. 2. With the exception of expenses incurred exclusively in the territory of the Sentencing State, the State of Enforcement of the sentence shall bear all expenses related to the transportation of the convicted person, including his transit and arising from the execution of the sentence in its territory.
Article 10 Continuation of the execution of the sentence
1. After receiving the convicted person, the State of Enforcement must ensure the following: (a) the procedure and procedures for the execution of the sentence must comply with its applicable national legislation; (b) the execution of the sentence must comply with the judicial decision without changing the term of the sentence and the conditions of its serving. In any case, the sentence cannot be aggravated.; (c) If the national legislation of the Executing State provides for a maximum term of punishment less than the term of punishment determined by the Sentencing State, the executing State must impose the maximum term of punishment provided for in its legislation for a similar offence. In the event of such a conversion of the sentence, the executing State must immediately provide a copy of the official document on the conversion of the sentence to the Sentencing State.; (d) The term of the custodial sentence includes the term served by the convicted person in the territory of the Sentencing State; (e) The State of enforcement undertakes not to replace the custodial sentence with a monetary penalty.
Article 11 Amnesty, pardon or other mitigation measures
1. Amnesty, pardon or other mitigation measures against a transferred convicted person may be applied only by the Sentencing State. 2. The State of execution of the sentence has the right to apply amnesty, pardon or other mitigation measures to the transferred convicted person with the prior written consent of the Sentencing State.
Article 12 Preservation of jurisdiction
1. Only the sentencing State has exclusive jurisdiction to review its sentence against a transferred convicted person. 2. The sentencing State shall immediately inform the State of enforcement of any decision or procedure adopted in its territory that terminates or modifies the execution of the sentence. The State of execution of the sentence must immediately implement such a decision.
Article 13 Special rule
The State of enforcement of the sentence may not subject a convicted person transferred in accordance with this Agreement to re-conviction for the same crime for which he was convicted in the Sentencing State.
Article 14 Informing about the execution of the sentence
The executing State must provide the sentencing State with information related to the continuation of the execution of the sentence in the following cases: (a) when the sentence is executed; (b) when the convicted person escapes and the measures taken; (c) when the convicted person has died; (d) when the sentencing State requires special notification.
Article 15Transit
If one of the Parties wishes to transit its citizen from a third State through the territory of the other Party, the former shall send the latter a request for permission for such transit. The requested Party must facilitate transit through its territory, if this does not contradict its national legislation.
Article 16 Languages
For the purposes of this Agreement, the Parties shall use their official languages with translation into the official language of the other Party or into English.
Article 17 Validity of documents
For the purposes of this Agreement, any documents sent by the central authority of one of the Parties, signed and stamped, must be used on the territory of the other Party without further confirmation or legalization.
Article 18consultations on the application of the Agreement
For the most effective application of this Agreement, the central authorities of the Parties have the right to consult with each other. They also have the right to agree on the necessary practical measures to facilitate the application of this Agreement.
Article 19 Resolution of disagreements
The central authorities of the Parties undertake to resolve any differences arising during the interpretation or application of this Agreement through consultations and not to apply to any other third Party or to the court.
Article 20 In relation to international obligations and national legislation
1. The provisions of this Agreement shall not prejudice the obligations of the Parties arising from other international treaties to which they are parties. 2. Cooperation between the Parties under this Agreement is carried out in accordance with their national legislation.
Article 21 Entry into force, operation and termination of the Agreement
1. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by separate protocols or other legal instruments that are its integral parts and 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 at any time by notifying the other Party in writing through diplomatic channels, and its validity shall expire after one hundred and eighty (180) days from the date of receipt of such notification. However, it does not terminate with respect to transfer requests sent during its validity. 4. This Agreement also applies to the transfer of persons convicted before its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement. DONE in ______ "__" _________ 20___ in two copies, in Kazakh, Arabic and English, all texts being equally authentic. In case of divergence of interpretation, the English text will prevail.
For the Republic of Kazakhstan
For the Kingdom of Saudi Arabia
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
