On the signing of the Agreement between the Republic of Kazakhstan and the Republic of Bulgaria on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated April 19, 2019 No. 28.
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 HEREBY DECREE:
1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Republic of Bulgaria on the transfer of convicted persons.
2. To authorize the Prosecutor General of the Republic of Kazakhstan, Nurdauletov Gizat Daurenbekovich, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Republic of Bulgaria on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan dated April 19, 2019 No. 28
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AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE REPUBLIC OF BULGARIA ON THE TRANSFER OF CONVICTED PERSONS
The Republic of Kazakhstan and the Republic of Bulgaria, hereinafter referred to as the "Parties",
Desiring to promote effective cooperation between the two countries in the field of the transfer of convicted persons in order to facilitate their rehabilitation and return to public life,
Believing that this goal can be achieved by concluding a bilateral treaty stipulating that persons deprived of their liberty as a result of a sentence may serve their sentence in their State of nationality,
We have agreed on the following:
ARTICLE 1 DEFINITIONS
For the purposes of executing this Agreement, the following definitions mean:
a) "sentence" - any final court decision providing for imprisonment for the commission of a crime;
b) "convicted person" - a person against whom a sentence has been passed;
c) "Sentencing State" means the State where a sentence has been passed against a person who may or has already been transferred;
d) "The State of execution of the sentence" - the State to which the convicted person may be or has already been transferred for the execution of the sentence.
ARTICLE 2 GENERAL PRINCIPLES
1. The Parties, in accordance with the provisions of this Treaty, shall fully cooperate in the transfer of convicted persons.
2. In accordance with the provisions of this Treaty, a person convicted in the territory of the Sentencing State may be transferred to the State of Enforcement for the execution of the sentence imposed on him.
3. A convicted person transferred in accordance with the provisions of this Treaty may not be held criminally liable again in the State of Execution for the same crime for which he was sentenced in the State of sentencing.
4. A convicted person transferred in accordance with the provisions of this Treaty may not be prosecuted or held criminally liable or punished for an offence other than the offence for which the sentence was imposed in the Sentencing State and for which he was transferred.
5. This Agreement also applies to minors.
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.
2. The central authorities referred to in paragraph 1 of this Article are:
for the Republic of Kazakhstan - the Prosecutor General's Office;
for the Republic of Bulgaria - the Ministry of Justice.
In the event of a change in the name of the central authority or the transfer of its functions to other State bodies of either Party, the other Party shall be informed of such a change in writing through diplomatic channels.
ARTICLE 4 CONDITIONS OF TRANSFER
1. The transfer of a convicted person may be carried out only if:
a) the convicted person is a citizen of the State of execution of the sentence;
b) the person has been convicted of an act that is a crime under the laws of both Parties.;
c) at the time when the transfer request is received, the sentence imposed on the convicted person has entered into legal force and the period of time to be served is at least six (6) months.;
d) there is a written consent of the convicted person or a person who, according to the legislation of either Party, has the right to act on behalf 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 is less than specified in subparagraph (c) of paragraph 1 of this article.
ARTICLE 5 OBLIGATION TO PROVIDE INFORMATION
1. Every convicted person to whom this Treaty may be applied shall be notified by the Sentencing State of the contents of this Treaty and of the legal consequences of such transfer.
2. The convicted person, if he requests it, shall be notified in writing of the measures taken by the Sentencing State or the State of Enforcement of the sentence in relation to the request for his transfer.
ARTICLE 6 REQUEST FOR TRANSFER
1. A transfer request may be submitted:
a) The sentencing State;
b) The State of execution of the sentence;
c) by the convicted person or by a person entitled, according to the legislation of either Party, to act on behalf of the convicted person by means of a written statement addressed to the Sentencing State or the State of Enforcement of the sentence expressing the will of the convicted person to transfer in accordance with this Agreement.
2. Requests and responses shall be made in writing and addressed to the central authorities designated in accordance with Article 3 of this Treaty.
ARTICLE 7 EXCHANGE OF INFORMATION AND NECESSARY DOCUMENTS
1. In the event of a request from one Party for transfer and if it is not refused by the other Party, the Sentencing State shall provide the following documents or information to the State of Enforcement:
a) information about the convicted person's personal data (surname, first name, patronymic (if any), date and place of birth) and, if possible, a copy of a valid identity document of such person and his fingerprints;
b) information about the place of residence or address of the convicted person in the State of execution of the sentence, if it is known;
c) information indicating the type and term of the punishment, as well as the date of the beginning of its calculation;
d) information on the terms of the parts of the sentence served and to be served, including the terms of pre-trial detention, information on the amendment of the sentence and other information relevant to the execution of the sentence;
e) a certified copy of the judgment that has entered into force, including the relevant provisions of the law on which it is based;
(e) If necessary, a medical or social report on the convicted person, information on the specifics of detention and medical care provided in the Sentencing State, and any recommendation for his further care in the State of Enforcement;
(g) Written consent provided for in subparagraph (d) of paragraph 1 of Article 4 of this Treaty;
h) the consent of the Sentencing State to transfer the convicted person.
2. The State of execution of the sentence, upon request, sends:
a) a document confirming that the convicted person is a citizen of his State;
b) articles of the law of the State of execution of the sentence,
evidence that the act for which the sentence was passed is a crime;
c) information on the procedure for the execution of the sentence imposed according to the legislation of the State of execution of the sentence;
d) any other information or document that the Executing State considers necessary for making a decision.
3. The exchange of information and necessary documents specified in paragraphs 1 and 2 of this Article shall not be carried out if one of the Parties immediately informs that it does not agree to the transfer.
4. Any disagreement or refusal to transfer or receive a convicted person must be motivated by notifying the other Party of these reasons.
ARTICLE 8 LANGUAGE AND AUTHENTICATION
1. For the purposes of the execution of this Agreement, the Parties shall use the official languages of their state with the attached translation into Russian.
2. The necessary documents and materials, which are issued or certified by the competent authority or an official of one Party, are accepted on the territory of the other Party without any kind of certification.
ARTICLE 9THE CONSENT OF THE CONVICTED PERSON AND HIS CONFIRMATION
1. The sentencing State guarantees that the convicted person or a person who, according to the legislation of either Party, has the right to act on behalf of the convicted person, voluntarily agrees to the transfer with full awareness of its legal consequences and confirms this by giving consent to the transfer.
2. The sentencing State, at the request of the Executing State, shall provide the Executing State, through its authorized representative of the diplomatic mission, with the opportunity to verify that the convicted person has expressed his consent to transfer in accordance with the requirements of paragraph 1 of this article.
ARTICLE 10CONSULTATIONS ON THE TRANSFER OF A CONVICTED PERSON
In case of reaching an agreement on the transfer, the Parties determine the time, place and procedure of the transfer through consultations.
ARTICLE 11 EXECUTION OF SENTENCE
1. After receiving the convicted person, the Executing State must, in accordance with its legislation, continue the execution of the sentence imposed by the Sentencing State, in accordance with the regime and time limits determined by the Sentencing State.
2. If the regimes and terms of serving the sentence of the Sentencing State are incompatible with the legislation of the State of enforcement of the sentence, the State of Enforcement of the sentence may amend the sentence with the imposition of a penalty provided for by its legislation for a similar crime. In case of such a change:
(a) The State of enforcement is obliged to recognize the facts contained in the verdict of the Sentencing State;
b) The State of execution of the sentence has no right to replace the punishment in the form of imprisonment with a monetary penalty or other punishment not related to imprisonment.;
(c) The modification of the sentence by the executing State should, in its essence and as far as possible, be consistent with the sentence of the Sentencing State;
d) a change of sentence should not aggravate the sentence imposed by the Sentencing State;
e) if the punishment imposed by the Sentencing State is more severe than the punishment provided for in the legislation of the State of Enforcement for the same crimes, the State of Enforcement shall replace the punishment with the maximum period provided for in its legislation.;
f) the amendment of the sentence should not be limited to the minimum term of punishment applicable to a similar crime under the law of the State of Enforcement of the sentence;
g) the term of imprisonment shall include the time served in the territory of the Sentencing State.
3. In the event of a change of sentence in accordance with paragraph 2 of this article, the State of Enforcement of the sentence shall immediately transmit to the sentencing State a certified copy of the document on the change of sentence that has entered into legal force.
4. The State of execution of the sentence has the right, in accordance with its legislation, to reduce the term of serving the sentence to the convicted person or to release him ahead of schedule.
ARTICLE 12 REVIEW OF THE VERDICT
Only the sentencing State has the right to decide on any request for a review of the verdict on the merits.
ARTICLE 13 PARDON OR AMNESTY
Each Party has the right, in accordance with its legislation, to apply an act of pardon or amnesty or other acts that release a person from execution of the imposed punishment, immediately notifying the other Party.
ARTICLE 14 SUSPENSION OF EXECUTION OF SENTENCE
The executing State shall immediately terminate the execution of the sentence upon receipt from the Sentencing State of any decision or measure taken by virtue of which the execution of the sentence is terminated.
ARTICLE 15INFORMATION ON THE EXECUTION OF THE SENTENCE
The executing State provides the Sentencing State with information on the execution of the sentence if:
a) the execution of the sentence has been completed or terminated in accordance with the legislation of the Executing State;
b) the convicted person has died or escaped before the execution of the sentence is completed;
c) The sentencing State requests information on the execution of the sentence.
ARTICLE 16TRANSIT
1. In the event that one Party, cooperating with a third country, transits convicted persons through the territory of the other Party, the former must send the latter a request for permission for such transits.
2. In the case of using air transport and when landing on the territory of the other Party is not planned, such a permit is not required.
3. The Requested Party, if it does not contradict its legislation, must satisfy the request for transit authorization of the Requesting Party.
ARTICLE 17 EXPENSES
1. All costs incurred in connection with the transfer of a convicted person on their territory, including internal transportation, are borne by the Parties independently in accordance with the legislation of the Parties, unless a different procedure is agreed in each specific case.
2. The State of execution of the sentence shall bear the costs:
a) related to the transportation of the convicted person, except for expenses incurred exclusively on the territory of the Sentencing State;
b) related to the continuation of the execution of the sentence after the transfer of the convicted person.
3. The costs associated with transit transportation shall be borne by the Party requesting transit authorization.
ARTICLE 18 COMPATIBILITY WITH OTHER 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 19THE ACTION IN TIME
This Agreement applies to any transfer request made after its entry into force, even if it relates to the execution of a sentence imposed before the entry into force of this Agreement.
ARTICLE 20 DISPUTE SETTLEMENT
1. Any dispute related to the interpretation or application of this Treaty or the resolution of a specific request shall be resolved through consultations between the central authorities.
2. If the central authorities do not reach an agreement, the dispute is resolved through consultations through diplomatic channels.
ARTICLE 21 ENTRY INTO FORCE, AMENDMENTS AND ADDITIONS, TERMINATION OF THE AGREEMENT
1. This Treaty is subject to ratification and enters into force on the thirtieth (30) day after the date of receipt through diplomatic channels of the last written notification of its ratification by the Parties.
2. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement, which are formalized in separate protocols 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.
4. In the event of termination of this Agreement, transfer requests that were submitted during its validity period shall remain in force until they are fully executed.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Treaty.
COMMITTED in ________ _____ ____ 20 ___ in two copies, each in Kazakh, Bulgarian and Russian, all texts being equally authentic.
In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.
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FOR THE REPUBLIC OF KAZAKHSTAN
FOR THE REPUBLIC OF BULGARIA
President
Republic of Kazakhstan
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