THE CONTRACT BETWEEN THE REPUBLIC OF BELARUS AND TURKMENISTAN ON MUTUAL TRANSFER OF PERSONS CONDEMNED TO IMPRISONMENT FOR FURTHER SERVING SENTENCE
of May 17, 2002
The Republic of Belarus and Turkmenistan which are referred to as further "Contracting parties"
proceeding from the principles of the state sovereignty, equality, mutual respect,
based on the principles of international law and wishing to develop interstate cooperation in the field of the criminal law,
considering that serving condemned punishments in the state which citizens they are or the persons without citizenship who are constantly living in its territory 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 as follows:
1. For goal achievement of this Agreement stated below terms mean:
a) "state of adjudgement" - The contracting Party which court pronounces sentence about condemnation of person to custodial sanction;
b) "state of execution of sentence" - The contracting Party which is given for further serving sentence the person condemned to imprisonment and who is her citizen and the person without citizenship who is constantly living in its territory;
c) "convict" - person condemned by court of one of Contracting Parties for crime execution to custodial sanction;
d) "close relatives" - persons who are those according to the legislation of each of Contracting Parties;
e) "legal representatives" - recognized as those according to the procedure, established by the legislation of each of Contracting Parties;
e) "competent authorities" - the bodies of Contracting Parties making the decision on transfer of convicts.
1. Shall transfer contracting parties according to provisions of this agreement at the request of each other of the convicts who are serving sentence in places of detention for making of crimes in the territory of the state of adjudgement and having nationality of other Contracting Party or constantly living in its territory and being stateless persons for serving sentence in the state of execution of sentence.
2. The request for transfer of the convict can proceed as from the state of adjudgement, and the state of execution of sentence.
Serves as the basis for initiation of the procedure of transfer of the convict to the Contracting Party which citizen he is or in which he constantly lives and is stateless person the statement of this person, either his close relatives, or his legal representative sent to competent authority of any of Contracting Parties.
Competent authorities of Contracting Parties are the Prosecutor's office of the Republic of Belarus and the Prosecutor General's Office of Turkmenistan which on all questions of execution of this Agreement communicate with each other directly.
1. The request for transfer of the convict is constituted in writing and are applied to it:
a) information about the identity of the convict (surname, name, middle name, birth date and birth place);
b) the document confirming nationality of the convict or his permanent residence if it is stateless person;
c) the text of Articles of the penal statute based on which person is condemned;
d) the statement of the convict or in the cases provided by the subitem "v" of Item 1 of Article 6 of this Agreement, close relatives or his legal representative about consent to transfer;
e) copies of sentence and higher judicial authorities which are available in the matter of decisions, documents on the introduction of sentence in legal force;
e) the document on the left part of punishment and that part of punishment which is subject to further serving;
g) the document on execution of additional punishment if it was appointed;
h) the medical certificate about the state of health and data on features of behavior of the convict;
i) data on compensation of the material damage caused by crime for which person is condemned;
j) copies of acts of amnesty and pardon if they were applied to the convict.
Competent authorities of Contracting Parties can request above-mentioned documents to the address with request for transfer of the convict or decision making for consent to accept the convict.
In case of need competent authorities of Contracting Parties can request additional documents or data.
2. All listed documents shall be signed by person authorized on that and are certified by official stamp.
1. The convict can be transferred according to this Agreement in the presence of the following conditions:
a) he is citizen of the state of execution of sentence or constantly lives in the territory of the state of execution of sentence and is stateless person;
b) the sentence took legal effect;
c) the convict or, in view of its age, physical or mental condition agrees to transfer, the close relative or the legal representative of the convict considers it necessary;
d) act for which the sentence was pronounced is crime according to the legislation of the state of execution of sentence and involves custodial sanction;
e) the state of adjudgement and the state of execution of sentence agree to transfer of the convict.
2. About possibility of transfer and its legal effects condemned, to either his close relative, or the legal representative it shall be in writing explained by officials of the bodies knowing execution of punishments of the state of adjudgement.
1. Transfer of the convict it can be refused if:
a) it can cause damage to interests of one of Contracting Parties;
b) at the time of receipt of request for transfer term of deprivation of freedom which the convict still should leave constitutes less than six months;
c) the material damage caused by crime is not indemnified;
d) by the legislation of the state of adjudgement act for which person was condemned is the high or military treason;
e) the requesting Contracting Party properly does not fulfill requirements of Article 6 of this Agreement.
2. In exceptional cases Contracting Parties can agree to transfer of the convict even if he needs to leave punishment measure less than six months or if the material damage caused by crime is compensated not in full.
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