On signing an Agreement between the Republic of Kazakhstan and the Kingdom of Saudi Arabia on extradition
Decree of the President of the Republic of Kazakhstan dated November 5, 2014 No. 942
In accordance with subparagraph 1) 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 extradition.
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 extradition, 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 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. 942
Project
agreement
between the Republic of Kazakhstan and the Kingdom of Saudi Arabia
The Republic of Kazakhstan and the Kingdom of Saudi Arabia (hereinafter referred to as the "Parties"), wishing to strengthen mutual cooperation in combating crime, including terrorist acts, by extraditing suspects, accused and convicted persons to either Party, on the basis of mutual respect for sovereignty and equality, have agreed as follows:
Article 1 Obligation of extradition
In accordance with the provisions of this Agreement, the Parties undertake to extradite any person located in their territory who is suspected, accused or convicted of extraditable offences in the territory of the other Party in order to bring criminal charges or enforce a court sentence, regardless of whether such a crime was committed before or after the entry into force of the by virtue of this Agreement.
Article 2 Central authorities
1. For the purposes of this Agreement, the Parties shall interact with each other directly through the designated central authorities or through the channels of the International Criminal Police Organization (Interpol). 2. To implement this Agreement, the central authorities of the Parties are: - the Prosecutor General's Office for the Republic of Kazakhstan; - the Ministry of Internal Affairs 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.
Article 3 Extraditable offences
1. Extraditable offences are those offences which, in accordance with the national legislation of both Parties, are punishable by at least one year's imprisonment or a more severe penalty. 2. Extradition is also possible for extraditable offences when they are committed outside the territory of the Requesting Party, in respect of which it has jurisdiction and in respect of which the Requested Party also has jurisdiction in similar circumstances. 3. If the request for extradition of a wanted person concerns the execution of a sentence for extraditable offences, extradition is possible if that person has been sentenced to imprisonment for at least six (6) months or to a more severe punishment.
Article 4 Grounds for refusal of extradition
The extradition is refused in the following circumstances: 1. If the crime for which extradition is requested is political. At the same time, the following crimes are not considered political: a) a crime committed against the Head of State, Head of Government or members of their families, or the King or members of the royal family; b) murder or causing death; c) intentional act related to harm to the health of the victim; (d) Crimes related to weapons, ammunition, explosives and their components, as well as crimes committed with their use; (e) Property crimes; (f) Kidnapping, unlawful imprisonment and hostage-taking; (g) Terrorism and related crimes; (h) Acts recognized as crimes in accordance with international conventions to which both Parties are Parties; k) illegal propaganda/incitement, preparation or attempt to commit any of the above crimes or complicity in them. 2. The requested Party has reason to believe that the request for extradition for a common criminal offence is related to the purpose of criminal prosecution or punishment of a person on the basis of race, religion, nationality, gender, social status, ethnicity, political beliefs or the position of this person may be harmed for any of these reasons. 3. 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 imposed, will not be carried out. 4. 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, as defined in accordance with international conventions on human rights a person to whom the Parties are Parties, or with the national legislation of the Parties. 5. The requested Party considers that the extradition of a person may harm the sovereignty, national security, public order or other interests of its State or contradict its Constitution. 6. If the crime for which extradition is requested is military. 7. If, in accordance with the legislation of the Requested Party, the statute of limitations has expired for the crime for which extradition is requested. 8. If the Requested Party has conducted or is conducting an investigation, judicial review, or has been convicted or acquitted of the same crime for which extradition has been requested.
Article 5The extradition of own citizens
1. The requested Party has the right to refuse to extradite its own citizens, provided that, at the request of the Requesting Party, it carries out criminal prosecution against its citizen in accordance with its national legislation. In this case, the Requesting Party provides the Requested Party with the materials of the criminal proceedings, physical evidence and any other documents related to the case. 2. The requested Party shall inform the Requesting Party of the results of the criminal prosecution.
Article 6 Request for extradition
1. In accordance with this Agreement, an extradition request must be sent in writing by the central authority of the Requesting Party to the central authority of the Requested Party. In urgent cases, the request may be sent through the channels of the International Criminal Police Organization (Interpol). 2. The following documents must be attached to the extradition request: a) personal data of the wanted person (surname, first name, patronymic, date of birth, nationality) and, if possible, a copy of his identity document, special signs, photo and address in the Requested Party; (b) The decision of a court or other competent authority to arrest the wanted person, a document detailing the facts of the crime for which extradition is requested, extracts from the text of the law providing for criminal liability and punishment for this crime, as well as, if possible, relating to the statute of limitations; (c) if the request relates to the person being sought In order to enforce a court verdict, it must also be accompanied by a certified copy of the verdict that has entered into force.
Article 7 Additional information
If, in the opinion of the Requested Party, the information provided is insufficient to make a decision on extradition, it may request additional information, for which it provides the Requesting Party with additional time. In any case, such additional information must be provided no later than sixty (60) days after the arrest of the wanted person.
Article 8 Preliminary/extradition arrest
1. In urgent cases, the Requested Party may, at the request of the Requesting Party, apply a preliminary/extradition arrest against the wanted person. The request for preliminary/extradition arrest must contain the following: a) personal data of the wanted person (surname, first name, patronymic, date of birth, nationality) and, if possible, a copy of his identity document, special signs, photo and address in the Requested Party; (b) The decision of a court or other competent authority on the arrest of a wanted person, a document summarizing the facts of the crime committed, extracts from the text of the law providing for criminal liability and punishment for this crime, as well as, if possible, relating to the statute of limitations; (c) if the request relates to a person wanted to enforce a court verdict execution, it must also be accompanied by a certified copy of the sentence that has entered into force; d) a guarantee of the provision of an extradition request. 2. A request for provisional/extradition arrest may be sent to the central authority of the Requested Party or through the channels of the International Criminal Police Organization (Interpol) via electronic communication channels. In this case, the original request will be sent immediately. 3. If the extradition request is not received within sixty (60) days from the date of the preliminary/extradition arrest, the wanted person is subject to release. However, this provision does not prevent the further extradition of the wanted person, if the request is subsequently received.
Article 9 Simplified extradition
If, in accordance with this Agreement, the wanted person agrees to be extradited to the Requesting Party, the Requested Party may, subject to the conditions of its national legislation, extradite that person as soon as possible without further investigation.
Article 10concuring requests
If the extradition of the same person for the same or for different crimes is requested by one Party and a third State with which the Requested Party has an extradition agreement, the Requested Party determines to which State the person should be extradited. In making its decision, the Requested Party evaluates all relevant factors, including, but not limited to: whether the request was sent in accordance with the Agreement; the location of each crime; the relevant interests of the requesting States; the severity of the crime; the nationality of the victims; the chronological order in which requests were received from requesting States.
Article 11 Execution of the request
The requested Party shall decide on extradition requests in accordance with the provisions of this Agreement and the procedures of its national legislation. She shall inform the Requesting Party of her decision. The reasons for refusal of extradition must be provided.
Article 12Transfer
1. If extradition is granted, by agreement of the Parties, the wanted person must be taken by the competent authorities of the Requested Party to a place acceptable for transfer from the territory of that Party. 2. The requesting Party shall transfer the wanted person from the territory of the Requested Party within one month or a longer period provided for in accordance with the national legislation of the Requested Party. If it is not transferred during this period, the Requested Party may refuse to extradite the person for the same crime and release the person.
Article 13 Delay of transfer or temporary extradition
1. The requested Party has the right to delay the transfer of a person under investigation or serving a sentence in the territory of that Party. The postponement may continue until the criminal prosecution of the wanted person is completed or until this person fulfills the punishment imposed by the court. 2. If the extradition request is granted when the person is being prosecuted or is serving a sentence in the territory of the Requested Party, that Party may, in accordance with its national legislation, temporarily extradite the wanted person to the Requesting Party for the purpose of criminal prosecution. The transferred person must be detained in the territory of the Requesting Party and returned to the Requested Party after the completion of criminal proceedings against this person, in accordance with the conditions determined by agreement of the Parties.
Article 14 Special rule
1. An extradited person may not be tried or punished by the Requesting Party, except for crimes for which that person has been extradited or related to extradition; for crimes committed after the extradition of that person; or for crimes in respect of which the Requested Party consents. 2. When the extradited person was released and could leave the territory of the Party to which the person was extradited, but did not leave within thirty (30) days after his release, or, having left during this period, voluntarily returned back, the person may be tried for any other crime. 3. With the exception of the cases described in paragraph 2 of this Article, a person may not be extradited to a third State without the consent of the Party that extradited the person.
Article 15 Withdrawal and transfer of property
1. If the extradition is granted and at the request of the Requesting Party, to the extent permitted by the national legislation of the Requested Party and taking into account the rights of third parties, which must be properly respected, all property found in the Requested Party, obtained as a result of the commission of a crime or which is necessary as evidence, must be transferred. 2. At the request of the Requesting Party, the specified property may be transferred to the Requesting Party, even if the extradition request cannot be executed. 3. If the said property is subject to seizure or confiscation in the Requested Party, it may keep it or transfer it temporarily. 4. If the national legislation of the Requested Party or the protection of the rights of third parties so require, any transferred property must be returned free of charge to the Requested Party after the completion of the proceedings, if that Party so requests.
Article 16 Calculation of the term of punishment
The period of detention during the extradition procedure in the Requested Party is counted against the term of punishment imposed on the extradited person by the Requesting Party.
Article 17Transit
If one of the Parties wishes to extradite a wanted person from a third country through the territory of the other Party, the former sends the latter a request for transit authorization. The requested Party must facilitate transit through its territory, if this does not contradict its national legislation.
Article 18 Languages
For the purposes of this Agreement, the Parties must use their official languages with a translation into the official language of the other Party or into English.
Article 19 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 20 Expenses
In accordance with its national legislation: (a) The Requesting Party shall bear all costs related to the transportation of the extradited person and any property transferred by the Requested Party; (b) The Requested Party shall bear all costs related to extradition arising exclusively on its territory.
Article 21 of the Consultation
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 22 Resolution of differences
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 23 Relationship with international obligations and national legislation
1. The provisions of this Agreement shall not prejudice the obligations of the Parties arising from other international agreements to which they are parties. 2. Cooperation between the Parties under this Agreement is carried out in accordance with their national legislation.
Article 24The 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 is terminated upon the expiration of one hundred and eighty (180) days from the date of receipt of such notification. However, it does not terminate with respect to extradition requests sent during its validity. 4. This Agreement also applies to persons who committed crimes 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
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