Contract between the Republic of Uzbekistan and Republic of Tajikistan on issue
of June 15, 2000
The Republic of Uzbekistan and the Republic of Tajikistan, hereinafter referred to as "Contracting parties",
wishing to increase efficiency of cooperation of both Contracting Parties in fight against crime by adoption of following provisions about mutual issue of persons who made criminal offenses
recognizing that acceptance of specific measures for suppression and fight against crime is necessary,
agreed as follows:
Contracting parties shall in accordance with the terms, provided by this Agreement, at request to issue each other persons which are in their territories who in the requesting state are searched for the purpose of criminal prosecution for extraditable offenses, or for execution of sentence in connection with such crimes.
For the purposes of this Agreement the offense attracting issue is act which according to the legislation of each of Contracting Parties is punished by imprisonment for the maximum term at least one year or heavier punishment.
1. Such acts as instigation, collusion, making attempt, motivation or partnership in making of any offense attracting issue will be considered as offenses by the legislation of both Contracting Parties for any person.
2. Also making of any offense in any place out of its territory will be considered as offense by the legislation of both Contracting Parties for any citizen of one of Contracting Parties.
1. Issue of person it can be refused if:
1.1. person whose issue is required, is citizen of the required Contracting Party. In case of refusal in issue on this basis the required Contracting Party when about it other Contracting Party asks, takes proper measures to person concerning whom the request for extradition arrives;
1.2. at the time of receipt of request, according to the legislation of the required Contracting Party, criminal prosecution cannot be initiated or the sentence cannot be carried out on any legal cause, including lapse of time or amnesty;
1.3. in the territory of the required Contracting Party for the same crime concerning person whose issue is required the sentence or the resolution on suit abatement which took legal effect was pronounced;
1.4. the crime in connection with which the request for extradition arrives is made entirely or partially in the territory of the required Contracting Party, including the vessel under its flag or the aircraft registered according to its legislation at the time of crime execution.
1. Each of Contracting Parties can ask other Contracting Party to perform criminal prosecution against person suspected of crime execution according to the legislation of the required Contracting Party when there are no conditions allowing issue of this person or if it is required by interests of administration of law.
2. Each of Contracting Parties can perform at the request of other Contracting Party criminal prosecution against own citizens or other persons who are constantly living in its territory when these persons are suspected of crime execution according to the legislation of the required Contracting Party if there are no conditions allowing issue of person.
1. If person whose issue is requested is brought to trial or serves sentence for other crime in the territory of the required Contracting Party, then issue can be delayed before the end of proceeedings, departure of punishment or early release what the requesting Contracting Party is notified on.
2. If delay of transfer, stipulated in Item 1 this Article, can entail lapse of time of execution of sentence or cause serious damage to investigation concerning person whose issue is required then the required Contracting Party can transfer instead of delay required person to the requesting Contracting Party for a while in accordance with the terms, the requested and requesting Contracting Parties determined jointly.
3. Person issued for a while shall be returned after carrying out actions for criminal case for which it was issued, but no later than in three months.
1. Concerning issue Contracting Parties interact through Prosecutor's office of the Republic of Uzbekistan and the Prosecutor General's Office of the Republic of Tajikistan which send the corresponding inquiries.
2. The request about issue shall contain:
2.1. surname, name, middle name of person whose issue is requested, information on his nationality, the residence or stay and other information about his personality, and also, in case of opportunity, description of this person, its photo and fingerprints;
2.2. the text of the relevant provision qualifying this crime, or, when necessary, excerpt from the relevant law under which action this crime, and punishment which can entail this crime falls.
3. If required person is accused of crime execution, the verified copy of the resolution on the conclusion of this person into custody and the resolution on involvement of person to participation in criminal case as the person accused is attached to request for extradition.
4. If required person is condemned for crime execution, the verified copy of the sentence which took legal effect or the certified extract from it with statement of accusatory part and the pronounced sentence, and the punishments this about unexpired part is attached to request for extradition if the condemned person already left part of punishment.
5. If the required Contracting Party considers that information provided for the purposes of this Agreement is insufficient for decision making on demand, then the additional information shall be provided.
6. Request about issue and the documents attached to it are processed according to provisions of Article 16 of this Agreement, certified by official stamp and the signature of the authorized officer.
1. In the presence the basis to believe that person issue of which is required, can disappear, the requesting Contracting Party has the right to address the required Contracting Party with the petition for detention of required person before receipt of request for extradition. Such petition can be transmitted through International Criminal Police Organization (Interpol) with use of technical means of transfer of the text, including telegraph, telex, the telefax, e-mail.
2. Such petition shall contain the description of required person, the statement that the request for extradition will be directed, the message on availability of the resolution on detention or the sentence which took legal effect, the message on punishment which can be appointed or the summary of the facts on this case and the message on the place finding of required person was appointed for this crime, including the information about what part of sentence still should be served.
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