On the ratification of the Treaty on Extradition between the Republic of Kazakhstan and the Federative Republic of Brazil

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The Law of the Republic of Kazakhstan dated March 31, 2020 No. 309-VI SAM.

To ratify the Treaty between the Republic of Kazakhstan and the Federative Republic of Brazil on the Extradition of Persons, signed in Astana on June 20, 2018.

President of the Republic of Kazakhstan

K. TOKAEV

contract BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE FEDERATIVE REPUBLIC OF BRAZIL ON THE EXTRADITION OF PERSONS

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

DESIRING to increase the effectiveness of the efforts undertaken by the Parties in combating crime,

FOLLOWING the principles of respect for sovereignty, non-interference in the internal affairs of each Side, as well as the norms of international law,

AWARE of the need to maintain the maximum possible cooperation for the extradition of the wanted persons,

We have agreed on the following:

Article 1 Obligation of extradition

The Parties undertake, in accordance with the provisions of this Treaty and their legislation, to extradite to each other persons who are located on the territory of one Party and are wanted by the competent authorities of the other Party for criminal prosecution or for the enforcement of a court sentence for extraditable offences.

Article 2 Conditions for extradition

1. To make an issue, the following conditions must be met::

(a) The requesting Party has jurisdiction over the offences that are the basis for the extradition request.;

(b) The acts are classified as a crime under the laws of both Parties, regardless of the name, and are punishable by at least one (1) year in prison, and

2. When a request for the extradition of a person concerns several interrelated crimes, it is sufficient for extradition for these crimes that at least one of them meets the requirements of paragraph 1 of this article.

3. Extradition in accordance with the provisions of this Treaty shall apply to participants, accomplices and accomplices of a crime, regardless of the degree of their participation in the crime.

4. Acts recognized by multilateral international treaties to which the Parties are Parties as extraditable offences are also grounds for extradition.

5. For economic crimes and actions related to currency regulation, extradition of a person may not be refused solely on the basis that the legislation of the Requested Party does not provide for the same taxes, or if such acts are regulated differently in the laws of the Parties.

Article 3 Central authorities

1. In order to implement this Agreement, the Parties shall determine their central authorities.:

for the Republic of Kazakhstan - the Prosecutor General's Office;

For the Federal Republic of Brazil, it is the Ministry of Justice and Public Security.

2. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Parties shall notify each other through diplomatic channels.

Article 4 Refusal to issue

1. The extradition of a person is not carried out if:

a) It does not meet the conditions stipulated in Article 2 of this Treaty, or contradicts the legislation or international obligations of the Requested Party.;

(b) The person has been convicted or pardoned or amnestied, or the criminal case against the person has been terminated in the Requested Party for the same offence for which extradition is requested;

(c) The person whose extradition is requested has been found guilty or is to be convicted in the territory of the Requesting Party by an extraordinary court or tribunal;

d) the statute of limitations has expired in accordance with the legislation of either Party;

(e) The person whose extradition is requested is being prosecuted in the territory of the Requested Party for the same facts that served as the basis for the extradition request.;

f) The crime in question is political;

g) the crime is a military one;

(h) The requested Party has reasonable grounds to believe that the extradition request was made with the aim of persecuting or punishing the person on the grounds of race, religion, nationality or political views, or that the position of that person may be harmed for any of these reasons.;

(i) The person whose extradition is requested is a national of the Requested Party;

(j) The person whose extradition is requested has been granted asylum in the Requested Party.

2. The definition of a crime as political or military is carried out exclusively by the Requested Party.

3. References to political motives or goals should not prevent the extradition of a person when the act is an ordinary crime. In this case, the extradition of a person should be carried out on condition that the Requesting Party makes an official statement that no political goals or motives will aggravate the sentence when it is imposed.

4. References to political motives for committing a crime should not be qualified as a political crime.

5. For the purposes of this Agreement, the following actions should not be considered as political:

a) an attempt on the life, health or freedom of the head of State or the head of Government, or members of their families;

b) Genocide or crimes against humanity;

i) an attempt on the life, health or freedom of people who are entitled to international protection;

(ii) Hostage-taking or kidnapping;

(iii) Attacks on people or property using explosives and explosive devices;

(iv) Seizure of ships or aircraft;

(v) Attempted or complicit commission of the offences set forth in this article; and

vi) any type of violent act, not included in this article, directed against the life, health or freedom of a person or at changing the constitutional order.

Article 5 Criminal prosecution of citizens

1. A Party that does not extradite its national, at the request of the Requesting Party, must take the necessary measures to carry out criminal prosecution of its citizen.

2. For the purposes of this article, at the time of the decision to extradite a person, nationality is determined by the legislation of the Requested Party, provided that nationality has not been fraudulently acquired to prevent extradition.

Article 6 Special rule

1. An extradited person may not be detained or convicted in the territory of the Requesting Party for any crimes committed prior to extradition that were not specified in the request, except in cases where:

a) having the opportunity to leave the territory of the Requesting Party, the extradited person voluntarily remains there for more than forty-five (45) days after full release or returns to the territory of the Requesting Party;

(b) The requested Party agrees to this.

2. In order to comply with subparagraph (b) of paragraph 1 of this Article, the Requesting Party shall send an official request to the Requested Party, accompanied by the documents specified in Article 10 of this Treaty.

Article 7 Extradition to a third State

An extradited person may be extradited to a third State only with the consent of the Requested Party, except in the cases provided for in subparagraph (a) of Article 6 of this Treaty. A request for such consent is sent in accordance with the procedure established by Article 10 of this Agreement.

Article 8 Guarantees

1. The person whose extradition is requested shall have in the territory of the Requested Party all the rights and guarantees provided for by its legislation, including the right to defense, to a lawyer, and, if necessary, to an interpreter.

2. The period of detention of the person whose extradition is requested in the territory of the Requested Party related to the consideration of the extradition request is included in the term of the sentence to be served on

Article 9 Death penalty and life imprisonment

1. The requesting Party shall not subject the extradited person to the death penalty, life imprisonment, or punishments such as corporal punishment that endanger his health or constitute cruel and degrading treatment.

2. If the death penalty or life imprisonment is provided for in the territory of the Requesting Party for the act that served as the basis for the extradition request, the Requested Party must condition extradition on preliminary guarantees provided by the Requesting Party that, if convicted, these penalties will not be applied, but will be changed to another maximum severe punishment permitted by the legislation of the Requested Party.

Article 10 Request for extradition

1. A request for the extradition of a person must be sent through diplomatic channels or through central authorities and must contain the following documents:

a) if the person has not been convicted, an arrest warrant or a certified copy thereof, or an equivalent document of criminal proceedings in accordance with the legislation of the Requesting Party, issued by its competent authority;

b) if the person has been convicted, the sentence or its certified copy and information confirming that the punishment has not been fully executed, indicating information about the unserved term of punishment.;

(c) The texts of the laws that recognize the act as a crime and establish the penalty; the texts of the laws that establish the jurisdiction of the Requesting Party and its legal provisions regarding the statute of limitations;

(d) All available information regarding the identity, nationality, permanent residence or address of the person whose extradition is requested, as well as, if possible, fingerprints, photographs and other means of identification; and

(e) Information on the facts constituting the offence in respect of which an extradition request has been prepared, indicating the date and place of its commission.

2. The request for extradition and the documents attached thereto shall be drawn up in the official languages of the Requested Party or, by mutual agreement of the Parties, in English, unless otherwise agreed.

3. If the information or documents attached to the extradition request are insufficient for the Requested Party to make a decision in accordance with this Treaty, the Requested Party has the right to request additional information or documents, which must be submitted within sixty (60) days from the date of receipt of the request.

4. If the person in respect of whom extradition is requested is under extradition arrest and the requested additional information or documents have not been received within the period specified in paragraph 3 of this article, the person may be released from custody. Such an exemption should not prevent the Requesting Party from submitting a new extradition request.

5. If a person is released from custody in accordance with paragraph 4 of this Article, the Requested Party must immediately inform the Requesting Party of such release.

Article 11 Exemption from legalization

The extradition request and the documents attached to it in accordance with the provisions of this Treaty are exempt from the need for legalization or other similar formalities.

Article 12 Temporary detention

1. Taking into account the legal system of the Requested Party and the decisions taken by its competent authorities, the wanted person may, at the request of the Requesting Party, be arrested before receiving an official extradition request. The application must contain a reference to the decision of the competent authority of the Requesting Party on detention or to the court verdict that has entered into force, and an indication that the request for extradition of the person will be submitted additionally. The petition must contain information about the circumstances of the crime committed, incriminated to the wanted person, and other information that allows identifying the wanted person.

2. A request for temporary arrest, pending receipt of an extradition request, may be transmitted by e-mail, fax or other technical means of communication, while sending the original to the central authority of the Requested Party by mail or through the International Criminal Police Organization (Interpol).

3. The requested Party is obliged to immediately inform the Requesting Party of the results of the examination of the application for temporary arrest.

4. If, after sixty (60) days from the date of receipt by the Requesting Party of the notification of the temporary arrest of the person, the central authority or the Ministry of Foreign Affairs of the Requested Party has not received the request for extradition, the arrested person shall be released.

5. The release of a person in accordance with paragraph 4 of this article does not prevent the Requesting Party from requesting an extradition arrest after the Requested Party receives an official extradition request.

Article 13 Decision on request and transfer

1. The requested Party shall immediately inform the Requesting Party of the decision taken regarding the extradition request.

2. Any decision to reject a request for extradition in whole or in part must be motivated.

3. If, within sixty (60) days from the date of receipt by the Requesting Party of the notification of the extradition of the person, the Requesting Party does not remove the extradited person from the territory of the Requested Party, that person shall be released from custody.

4. Civil obligations arising from a crime or any other civil procedure in which the person whose extradition is requested may be a defendant should not hinder or complicate the transfer of the person.

5. The Requesting Party has the right to send its authorized officials to the Requested Party to assist in identifying the person whose extradition is requested or transporting the person to the territory of the Requesting Party. These officials must comply with the legislation of the Requested Party.

Article 14 Postponement of transfer and temporary extradition

1. If the person whose extradition is requested is subject to criminal prosecution or serving a sentence in the territory of the Requested Party for another crime that was not the basis for the extradition request, the Requested Party, after deciding on the extradition of the person, may delay his transfer until the end of the trial or until the full execution of the sentence. In such a case, the Requested Party shall immediately notify the Requesting Party.

2. Nevertheless, at the request of the Requesting Party, the Requested Party, in accordance with its legislation, has the right to temporarily extradite the wanted person in order to enable the Requesting Party to carry out the ongoing criminal prosecution, agreeing on the terms and conditions of temporary extradition. The person who has been temporarily extradited is detained during the period of his stay in the territory of the Requesting Party and returned to the Requested Party within the agreed period. The time spent in custody is counted towards the total term of the sentence to be executed in the Requested Party.

3. The extradition of a person may also be delayed when, due to a medical condition, the transfer of the wanted person may endanger his life or worsen his health condition. In these cases, the Requested Party must provide the Requesting Party with a complete medical report issued by its competent health institution.

Article 15 Transfer of documents, assets and property

1. If the extradition of the person is granted, the documents, assets and property that are located in the territory of the Requested Party, obtained as a result of criminal acts or are evidence, shall be transferred to the Requesting Party, if possible, during the transfer of the person. The transfer of the mentioned documents, assets and property must not contradict the legislation of the Requested Party and infringe on the rights of third parties.

2. The documents, assets and property referred to in paragraph 1 of this Article must be transferred to the Requesting Party, even when extradition is impossible due to the death or escape of the person to be extradited.

3. For the purpose of conducting other criminal proceedings, the requested Party may postpone the transfer of the objects referred to in paragraph 1 of this Article until the completion of such proceedings or temporarily transfer them, provided that they are returned by the Requesting Party after the end of the proceedings.

4. Upon the written request of the Requested Party, the Requesting Party shall return the received objects within one (1) month after the completion of the judicial proceedings, unless the Parties agree otherwise in each specific case.

Article 16 Competing requests

1. If requests for the extradition of the same person are received from two or more States, the Requested Party, with consideration of the possibility of subsequent extradition of the person between the requesting States, determines to which of them the person will be extradited and informs the Requesting Party of the decision.

2. When competing requests relate to the same crime, the Requested Party should give preference to:

(a) The State in whose territory the crime was committed;

b) the State that made the request earlier;

3. If competing requests relate to different crimes, the Requested Party, in accordance with its legislation and subject to the conditions of paragraph 1 of this Article, must give preference to the State that has jurisdiction over the most serious crime. If the severity of the crimes is the same, then preference should be given to the State that sent the request earlier.

Article 17 Simplified extradition of a person

In the event that the wanted person notifies the court or other competent authority of the Requested Party of his consent to extradition, the Requested Party, in accordance with its legislation, shall take all necessary measures to expedite the extradition procedure.

Article 18 Return of the extradited person

An extradited person who has escaped from the territory of the Requesting Party and returned to the territory of the Requested Party must be detained upon request sent through a central authority, diplomatic channels or the International Criminal Police Organization (Interpol) and re-transferred to the Requesting Party without the formalities provided for in this Treaty.

Article 19 Transit of the extradited person

1. Each of the Parties, in accordance with its legislation, may allow the transit through its territory of persons extradited to the other Party by a third State, if the transit of the person does not threaten its sovereignty, security, public order, or contradict the Constitution or fundamental principles of its legislation or other national interests.

2. The requesting Party shall send to the Requested Party, through diplomatic channels or through a central authority or, in particularly urgent cases, through the International Criminal Police Organization (Interpol), a transit request containing the personal data of the person being transported, information about his nationality, personal data of the persons escorting the extradited person, and a copy of the document authorizing the extradition of the person.

3. The detention of the extradited person shall be carried out by the competent authorities of the Transit Party.

4. A transit permit issued by a person is not required when using air transport other than military aircraft, and landing on the territory of the Transit Party is not provided. In the event of an unplanned landing on the territory of the Transit Party, the Transit Party shall immediately notify the transit Party.

5. The request for transit authorization and the documents attached to it shall be drawn up in the official languages of the Requested Party or, by mutual agreement of the parties, in English, unless otherwise agreed.

Article 20 Informing about the results

Upon the request of the Requested Party, the Requesting Party shall immediately provide information on the judicial proceedings or on the final execution of the sentence imposed on the extradited person, or information on the extradition of this person to a third State.

Article 21 Expenses

The requested Party shall bear the costs incurred in its territory. The requesting Party shall bear the costs of transporting the extradited person after his transfer, as well as the transfer of documents, assets and property.

Article 22 Dispute resolution

Disagreements arising between the Parties regarding the interpretation or application of the provisions of this Treaty shall be resolved through negotiations between the central authorities or through diplomatic channels.

Article 23 Compatibility with international treaties

This Agreement does not affect the rights and obligations of the Parties in accordance with any international agreement to which they are parties.

Article 24 Final provisions

1. This Treaty shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last notification from the Parties on the completion of the internal procedures necessary for its entry into force.

2. This Agreement is concluded for an indefinite period. This Agreement shall terminate upon the expiration of six (6) months from the date of receipt by one of the Parties of a corresponding written notification through diplomatic channels of its intention to terminate it.

3. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article.

4. Any procedures initiated by the Parties prior to the termination of this Agreement shall be carried out until their full completion.

5. This Treaty also applies to crimes committed before its entry into force.

Done in Astana on June 20, 2018, in two originals, each in the Kazakh, Portuguese and English languages, all texts being equally authentic.

In case of differences in the texts of this Agreement, the Parties shall refer to the English text.

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE FEDERAL REPUBLIC OF BRAZIL

2018 zhylgy 20 mausymda Astana kalasynda kazakhstan, Portugal zhane agylshyn tilderinde kol koylgan Kazakhstan Republikasi men Brazil Federativtik Republikasi arasyndagi adamdardi ustap beru turaly shart matinin orys tilindegi matinge dalme-daldigin Thawed.

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Federative Republic of Brazil on Extradition of Persons, signed in Astana on June 20, 2018 in Kazakh, Portuguese and English with the text in Russian.

Head of the International Cooperation Department Prosecutor General's Office of the Republic of Kazakhstan

G. Koigeldiev

IZPI's note! The following is the text of the Agreement in Portuguese and English.

President

Republic of Kazakhstan

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