On the ratification of the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on the Transfer of Persons Sentenced to Imprisonment and persons subject to compulsory Medical Measures

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On the ratification of the Treaty between the Republic of Kazakhstan and the Republic of Lithuania on the Transfer of Persons Sentenced to Imprisonment and persons subject to compulsory Medical Measures

The Law of the Republic of Kazakhstan dated June 13, 2019 No. 258-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Republic of Lithuania on the Transfer of Persons Sentenced to Imprisonment and persons subject to compulsory Medical Measures, signed in Vilnius on April 24, 2017.

President Republic of Kazakhstan

K. TOKAEV

AGREEMENT between the Republic of Kazakhstan and the Republic of Lithuania on the transfer of persons sentenced to imprisonment and persons subject to compulsory medical measures

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

Desiring to promote effective cooperation between the two countries in the field of transfer of convicted persons and persons undergoing compulsory medical treatment in order to facilitate their rehabilitation and social reintegration,

Believing that this goal can be achieved through the conclusion of a bilateral agreement establishing that foreigners deprived of their liberty as a result of a court decision can serve their sentences, or who have been subjected to compulsory medical measures, can undergo compulsory treatment in a public environment of their own origin,

We have agreed on the following:

Article 1 Definitions

The following definitions are used in this Agreement:

a) "Transferring Party" - the Party in which a sentence of imprisonment has been passed, or a court decision on the use of compulsory medical measures related to the restriction of liberty;

b) "Receiving Party" - the Party to which the convicted person is transferred for further serving of the sentence or for the application of compulsory medical measures related to the restriction of freedom against him;

c) "judicial decision" - a sentence that has entered into legal force imposing a custodial sentence on a person or a resolution/ruling on the application of compulsory medical measures related to the restriction of freedom to a person.;

d) "compulsory medical measures" - compulsory treatment in a psychiatric institution prescribed by a court decision.

Article 2 General principles

1. In accordance with the provisions of this Treaty and their national legislation, the Parties shall cooperate fully in the field of the transfer of persons against whom a court decision has been rendered.

2. In accordance with the provisions of this Agreement, a person against whom a court decision has been rendered in the territory of the Transferring Party may be transferred to the Receiving Party for the enforcement of the court decision.

Article 3 Central authorities

1. The central body responsible for the implementation of this Agreement in the Republic of Kazakhstan is the Prosecutor General's Office of the Republic of Kazakhstan, in the Republic of Lithuania - the Ministry of Justice of the Republic of Lithuania. The central authorities communicate directly with each other.

2. In the event of a change in the central authority of either Party or the transfer of its functions to another body, the Parties shall immediately inform each other about this through diplomatic channels.

Article 4 Conditions of transfer

1. The transfer of a convicted person who has been sentenced to imprisonment may be carried out only if:

a) the convicted person is a citizen of the Receiving Party;

b) the person has been convicted of an act that is also criminally punishable under the national legislation of the Receiving Party.;

c) the period of time to be served by the convicted person in the form of imprisonment is not less than six (6) months at the time of receipt of the transfer request;

d) there is a written consent of the convicted person or his legal representative due to the age, physical or mental condition of the convicted person;

e) both Parties agree to the transfer.

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

3. The transfer of a person in respect of whom a court decision/ruling on the application of compulsory medical measures has been issued may be carried out only if:

a) the person is a citizen of the Receiving Party;

b) the person has committed an act that is criminally punishable under the national legislation of both Parties;

c) the national legislation of both Parties provides for similar medical measures.;

d) the Receiving Party has the opportunity to provide the necessary treatment and appropriate safety measures;

e) there is a written consent of the person or legal representative due to the age, physical or mental condition of this person;

f) both Parties agree to the transfer.

Article 5 Grounds for refusal of transfer

1. The transfer of a person against whom a court decision has been rendered is not carried out if:

a) there is no at least one of the transfer conditions provided for in Article 4 of this Agreement.;

b) the execution of a court decision is impossible under the national legislation of the Receiving Party;

c) the transfer may prejudice the sovereignty, national security or other essential interests of the Transferring Party, or may be contrary to its national legislation.

2. The transfer of a person against whom a court decision has been rendered may be refused or the transfer may be postponed if the damage caused by this person has not been compensated.

Article 6 Obligation to provide information

1. Each person against whom a court decision has been rendered, to which this Agreement may be applied, shall be notified by the Transferring Party of the contents of this Agreement and of the legal consequences of the transfer.

2. The person against whom a court decision has been rendered shall be notified in writing of the actions taken by the Parties in relation to the request for its transfer.

Article 7 Transfer request

1. A transfer request may be submitted:

a) The Transmitting Party;

b) The Receiving Party;

c) the person against whom the court decision has been rendered, his spouse, close relatives or legal representatives by means of a written statement addressed to the Transferring or Receiving Party expressing the will of the transferred person to transfer in accordance with this Agreement.

2. Requests and responses shall be made in writing and addressed to the central authorities specified in Article 3 of this Treaty.

Article 8 Exchange of information and supporting documents

1. In order to transfer a person for further execution of a court decision, the Transferring Party provides the Receiving Party with the following documents and information:

a) information about the person's available personal data (surname, first name, date of birth, nationality);

b) information about the place of residence or registration of the person in the Receiving Party, if it is known;

c) information indicating the type and duration of the punishment, as well as the date of its calculation, or compulsory medical measures imposed;

d) information on the terms of the parts of the sentence served and to be served, or on the beginning and duration of the application of compulsory medical measures, including the terms of pre-trial detention, information on the amendment of the court decision, information on possible dates of parole and other information relevant to the enforcement of the court decision;

e) a certified copy of the judgment, including the relevant extract of the article from the criminal law on which it is based;

f) if necessary, a medical and social report on the person, information on medical care provided in the Transmitting Party, and any recommendation for further medical care in the Receiving Party;

(g) A statement in which the person against whom the judgment has been rendered agrees to transfer in accordance with subparagraph (d) of paragraph 1 or subparagraph (e) of paragraph 3 of Article 4 of this Treaty.;

h) other documents that may be relevant for making a transfer decision.

2. Upon request, the receiving Party sends the following documents and information:

a) a document or other information confirming that the person against whom the court decision has been rendered is its citizen;

b) an extract from the criminal law of the Receiving Party, indicating that the criminal act for which the court decision was issued is criminally punishable;

c) information on the procedure for the execution of a court decision under the national legislation of the Receiving Party;

d) any other information or information that the Receiving Party considers necessary for making a transfer decision.

3. If necessary, the central authorities of the Parties may request additional documents or information. In case of their absence, the transfer request is resolved based on the available documents and information.

Article 9 Language and legalization

Russian Russian language 1. Requests and responses shall be presented in Russian, and the information specified in Article 8 of this Agreement shall be accompanied by a translation into the official language of the Party to which it is addressed, or into Russian.

2. Supporting documents and information certified by an official and stamped by the competent authority of the Party, transferred during the implementation of this Agreement, do not require any special form of legalization.

Article 10 Consent of a person and its confirmation

1. The transferring Party guarantees that the person against whom the court decision has been rendered or his legal representative voluntarily agrees to the transfer with full awareness of its legal consequences and confirms this by giving consent to the transfer.

2. At the request of the Receiving Party, the Transferring Party shall provide the Receiving Party with the opportunity, through an authorized person of the diplomatic mission, to verify that the person against whom the court decision has been rendered has expressed his consent to the transfer in accordance with the provisions of paragraph 1 of this article.

Article 11 Decision on transfer request

1. Upon receipt of the transfer request, the requested Party shall inform the other Party as soon as possible of its consent or refusal to transfer. The refusal to transfer a person must be motivated.

2. If the Parties agree to the transfer, the time, place and other conditions of the transfer shall be determined as soon as possible.

Article 12 Enforcement of court decisions

1. If a court decision is accepted for execution, the court of the Receiving Party determines, in accordance with its national legislation, the penalty to be executed in the form of imprisonment or compulsory medical measures that are as similar as possible to the court decision of the Transferring Party. The receiving Party when imposing a punishment in the form of imprisonment or the use of compulsory medical measures:

a) is limited to the established facts stated in the court decision of the Transferring Party;

b) has no right to replace the punishment in the form of imprisonment with a monetary fine or other punishment not related to imprisonment;

c) has no right to worsen the legal status of the person against whom the court decision has been rendered.

2. If, according to the criminal law of the Receiving Party, the maximum term of imprisonment provided for this act is less than that imposed by a court decision of the Transferring Party, the court of the Receiving Party shall establish the maximum term of imprisonment provided for in the criminal law of the Receiving Party for a similar crime.

3. The execution of a court decision, including conditional early release or termination, modification or extension of compulsory medical measures, shall be carried out in accordance with the national legislation of the Receiving Party.

4. The term of imprisonment served in the Transmitting Party is counted.

Article 13 Cancellation or amendment of a court decision

1. Only the Transferring Party has the right to cancel or amend a court decision in respect of the transferred person.

2. In case of cancellation or modification of a court decision, the Transferring Party informs the Receiving Party about it, which immediately ensures the execution of the relevant court decision.

Article 14 Amnesty and pardon

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

Article 15 Informing about the execution of a court decision

The Receiving Party informs the Transmitting Party about the execution of the court decision, in the following cases::

a) when the execution of the judgment has been completed or terminated;

b) when the transferred person has escaped before the completion of the execution of the judgment;

c) the death of the transferred person before the completion of the execution of the court decision;

d) if the Transmitting Party requests information on the matter.

Article 16 Transit

1. In the event that one of the Parties, cooperating with a third State, transits persons against whom a court decision has been rendered through the territory of the other Party, the former must send the latter a request for transit authorization.

2. The transit request must be accompanied by a copy of the decision of the competent authority of the third State on the transfer of the person in transit, a copy of his identity document and data on his nationality.

3. The Party to which the transit request has been sent shall not have the right to carry out criminal prosecution against the person in transit, detain or otherwise restrict his freedom, except in cases where this is necessary to ensure the transportation of the transferred person through its territory or the commission by this person of a criminally punishable act during his transit in the territory of the requested The parties. If the transported person commits a criminally punishable act on the territory of the requested Party during his transit, the Parties shall consult.

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

5. The requested Party has the right to refuse transit if:

a) the person against whom the court decision has been rendered is its citizen;

b) the transit of a person may prejudice the sovereignty, national security or other essential interests of the requested Party or may be contrary to its national legislation.

Article 17 Expenses

1. The receiving Party bears the costs:

a) related to the transportation of the transferred person, except for expenses incurred exclusively in the territory of the Transferring Party;

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

2. The costs associated with transit transportation shall be borne by the Party requesting transit.

Article 18 Protection of personal data

1. Without prejudice to paragraph 2 of this Article, personal data may be transferred by the Parties and may also be processed by the Party to whom such data was transferred only if it is necessary and sufficient for the purposes of this Agreement.

2. Such data, however, may be processed for any other purpose if prior consent is given, either by the Party that sent the data or by the person who is the subject of such data. Consent must be given in accordance with the national legislation of the Party transferring personal data.

3. Any Party that transfers personal data as a result of the fulfillment of the provisions of this Agreement has the right to request the Party to which the data was transferred to provide information on the processing of such data.

4. Without prejudice to paragraph 6 of this article, personal data transferred in accordance with this Agreement must be processed and destroyed in accordance with the national legislation of the Party to which such data was transferred. Regardless of these restrictions, the received data must be destroyed as soon as it is no longer necessary for the purposes for which it was transmitted.

5. The subject of personal data has the right, in accordance with the national legislation of the Parties:

a) request information regarding the processing of his personal data by the competent authorities;

b) request the modification and addition, destruction or blocking of his personal data;

c) to defend his rights if his request is not respected.

6. The Parties transferring personal or other data may establish additional conditions regarding the processing of the transferred data. In the event that additional conditions are established in accordance with this paragraph, the Party to whom the data was transferred must process them in accordance with these conditions.

Article 19 Relation to other international treaties

The provisions of this Agreement do not affect the rights and obligations arising from other international treaties to which the Parties are Parties.

Article 20 Application of the Treaty

This Agreement applies to any request sent after its entry into force, even if the request relates to the enforcement of a court decision made before the entry into force of this Agreement.

Article 21 Settlement of disputes

1. Any dispute related to the interpretation or application of this Treaty shall be resolved through consultations between the central authorities of the Parties.

2. If the central authorities do not reach an agreement, the dispute is resolved through consultations through diplomatic channels.

Article 22 Entry into force, amendment and termination of the Agreement

1. This Agreement shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification by the Parties on 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 in the form of separate protocols that are integral parts of this Agreement and enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

3. This Agreement is concluded for an indefinite period. Each Party has the right to terminate this Agreement at any time by notifying the other Party in writing through diplomatic channels. This Agreement shall terminate upon the expiration of six (6) months from the date of receipt of the relevant notification.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Treaty.

DONE in Vilnius on April 24, 2017, in two copies, each in the Kazakh, Lithuanian and Russian languages, all texts being equally authentic. In case of disagreement in interpretation, the Russian text shall prevail.

For the Republic of Kazakhstan

For the Republic of Lithuania

IZPI's note! The text of the Agreement in Lithuanian is attached.

President

Republic of Kazakhstan

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