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The contract between the Republic of Kazakhstan and the Azerbaijan Republic on transfer of persons condemned to imprisonment for further serving sentence

of June 10, 1997

(Protocol as amended of August 7, 2007)

The Republic of Kazakhstan and the Azerbaijan Republic which are referred to as further "Contracting parties"

- proceeding from the principles of the state sovereignty, equality and mutual respect,

- based on rules of international law and wishing to develop interstate cooperation in the field of criminal trial,

- considering that serving condemned punishments in the state which citizens they are, promotes more effective goal achievement of execution of the punishment, return of offenders to normal life in society,

- being guided by the principles of humanity and respect of human rights,

agreed about the following:

Article 1

For goal achievement of this Agreement stated below terms mean:

1. "State of adjudgement" - The contracting Party which court pronounces sentence about condemnation of person to custodial sanction;

2. "State of execution of sentence" - The contracting Party which is given for serving sentence the person condemned to imprisonment and who is her citizen;

3. "Convict" - person condemned by court of one of Contracting Parties for crime execution to custodial sanction;

4. "Close relatives" - persons consisting in relationship (mother, the father, the husband, the wife, children, brothers and sisters, grandsons, the grandfather and the grandmother, the adoptive parents adopted);

5. "Competent authorities" - the bodies of Contracting Parties performing decisions on transfer of convicts;

6. "The central bodies" - state bodies which according to the national legal system of the Parties make decisions on transfer of persons condemned to imprisonment for further serving sentence.

Article 2

Concerning this Agreement competent authorities of Contracting Parties communicate with each other through the central bodies.

Article 3

Each other of convicts who serve sentence in places of detention for making of crimes in the territory of the State of adjudgement shall give contracting parties according to terms of this agreement on demand and have nationality of other Contracting Party, for serving sentence in the State of execution of sentence.

Article 4

1. The convict can be transferred according to this Agreement only under condition:

1) if the convict is citizen of the State of execution of sentence;

2) if the sentence took legal effect;

3) if at the time of receipt of request about transfer the convict serve still sentence for at least 12 months;

4) if the convict or when, in view of its age, physical or mental condition, one of Contracting Parties either close relatives, or the legal representative of the convict consider it necessary agrees to transfer;

5) if act for which the sentence was pronounced is crime according to the legislation of the State of execution of sentence;

6) if the material damage caused by crime is indemnified;

7) if the State of adjudgement and the State of execution of sentence agree to transfer of the condemned person.

2. About possibility of transfer and its legal effects to the convict or his legal representative it shall be explained by officials of governing bodies of criminal executive system of the State of adjudgement.

3. In exceptional cases Contracting Parties can agree to transfer of the convict even if he needs to leave punishment measure less than 12 months or if the material damage caused by crime is compensated not in full.

Article 5

Transfer of the convict is not made if:

1) punishment cannot be performed by the Contracting Party which citizen is the convict, owing to lapse of time of criminal prosecution by the legislation of this Contracting Party;

2) the requesting Contracting Party properly does not fulfill requirements of Article 8 of this Agreement.

Article 6

Contracting parties are undertaken not themselves by obligations:

1) through the central bodies in writing to inform each other on condemnation to imprisonment of citizens of other Contracting Party, and also on their location;

To explain 2) and to really provide to convicts, their legal representatives or close relatives opportunity to address to competent authorities of any of Contracting Parties with the statement for transfer to the state which citizens they are.

Article 7

Transfer of the convict for serving sentence can be performed according to the offer of the Contracting Party which court pronounces sentence if the Contracting Party which citizen is the convict agrees to accept it for execution of sentence with observance of terms of this agreement.

Article 8

1. The request about transfer of the convict is constituted in writing and contains the information about the identity of the convict (surname, name, middle name, birth date and birth place); and are applied by competent authority of the state of adjudgement to it:

1) the document confirming nationality of the convict;

2) the text of Articles of the penal statute based on which person is condemned;

3) the written application of the convict or, in the cases provided by the subitem "4" of Item 1 of Article 4 of this Agreement, his close relatives or his legal representative about consent to transfer;

4) copies of sentence and higher judicial authorities which are available in the matter of decisions, documents on the introduction of sentence in legal force;

5) the document on the left part of punishment and that part of punishment which is subject to further serving;

6) the document on execution of additional punishment if it was appointed;

7) data on availability of material damage and procedure for its compensation;

8) copies of other documents can be attached only by mutual consent of competent authorities.

2. All listed documents shall be signed and certified by official stamp.

Article 9

The state of adjudgement provides that person who agrees to transfer according to the subitem "4" of Item 1 of Article 4 of this Agreement did it voluntarily and with complete understanding of consequence in law of such consent.

Article 10

1. The decision on the arrived request on consent or refusal in transfer is accepted by the Contracting Party no later than monthly term from the date of receipt of the documents listed in Item 1 of Article 8 of this Agreement. About the made decision in writing it is reported to the Contracting Party which sent inquiry to person concerning whom the inquiry, or to person who filed petition for transfer is sent.

2. The decision on refusal in transfer of the convict shall be motivated.

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