Between the Republic of Uzbekistan and the Republic of Turkey on extradition

30.04.2018

Agreement

The Republic of Uzbekistan and the Republic of Turkey, hereinafter referred to as “the Parties”,

Guided by the norms of international law in the field of crime prevention and the implementation of criminal proceedings,

Desiring to provide more effective cooperation in the suppression of crime, and for that purpose, to conclude an agreement on extradition,

Have agreed as follows:

Article 1 Obligation to Extradite

Each Party undertakes, in accordance with the provisions of this Agreement and upon the request of the other Party, to extradite to each other persons found in its territory and wanted by the other Party for the purpose of conducting criminal proceedings against or executing sentence imposed on those persons.

Article 2 Central Authorities and Channels of Communication

1. The Central Authorities on all issues of extradition in accordance with this Agreement shall be:

For the Uzbek Party: the Prosecutor General's Office of the Republic of Uzbekistan,

For the Turkish Party: the Ministry of Justice of the Republic of Turkey.

2. The Parties shall inform each other of any changes of the Central Authorities specified in paragraph 1 of this Article.

3. For the purposes of this Agreement, the Central Authorities of the Parties shall communicate with each other through diplomatic channels or through the International Criminal Police Organization (INTERPOL). The use of a diplomatic channel does not impede, if necessary, the Central Authorities to communicate directly through the use of facsimile, e-mail and other fast-communication channels for the Central Authorities to take measures to promptly execute requests.

Article 3 Extraditable Offences

1. For the purposes of this Agreement, extraditable offences are offences that are punishable under the laws of both Parties by deprivation of liberty for a maximum period of at least one year, or by a more severe penalty. Where the request for extradition relates to a person who is wanted for the enforcement of a sentence of deprivation of liberty imposed for such an offence, extradition shall be granted only if a period of at least six months of such sentence remains to be served.

2. In determining whether the acts or omissions constitute an offence punishable under the laws of both Parties in accordance with paragraph 1 of this Article, it shall not matter whether the laws of both Parties place the act constituting the offence within the same category of offences or denominate the offence by the same terminology.

3. In the event that the offence was committed outside the territory of the Requesting Party, extradition shall be granted if the law of the Requested Party provides for punishment for an offence committed in similar circumstances outside its territory.

4. If the request for extradition includes several separate offences each of which is punishable under the laws of both Parties, but some of which do not fulfill the other conditions set out in paragraph 1 of this Article, the Requested Party may grant extradition for the latter offences provided that the person is to be extradited for at least one extraditable offence.

Article 4 Mandatory Grounds for Refusal

Extradition shall be refused if:

a) the Requested Party considers that the offence for which extradition is requested is a political offence. However, the following shall not be considered as political offence:

the taking or attempted taking of the life of a Head of State, a Head of Government, or members of their family;

the offences which are not regarded as political offence under any international convention to which both Parties are parties;

b) the Requested Party has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing the person sought on account of that personʼs race, sex, religion, nationality or political opinion, or that the personʼs position in judicial proceedings may be prejudiced for any of those reasons;

c) the offence for which extradition is requested is a pure military offence;

d) the person sought is a national of the Requested Party;

e) the person sought has, under the laws of either Party, become immune from prosecution or punishment for the offence for which extradition is requested by reason of lapse of time, pardon or amnesty;

f) the Requested Party has already rendered a final judgment against the person sought in respect of the offence for which extradition is requested.

Article 5 Discretionary Grounds for Refusal

Extradition may be refused if:

a) the Requested Party has jurisdiction over the offence for which extradition is requested in accordance with its law, and is conducting or contemplates to institute a proceeding against the person sought for that offence;

b) the Requested Party have decided either not to institute prosecution or to terminate proceedings in respect of the same offence;

c) the Requested Party, while taking into account the seriousness of the offence and the interests of the Requesting Party, considers that extradition would be incompatible with humanitarian considerations in view of that personʼs age, health or other personal circumstances; or

d) the request for extradition is made by the Requesting Party pursuant to a judgment in absentia, and that Party does not guarantee that the person sought has the opportunity to have the case retried in his\her presence after extradition.

Article 6 Capital Punishment

When the offence for which extradition is sought is punishable by death under the laws of the Requesting Party and is not punishable by death under the laws of the Requested Party, the Requested Party may refuse extradition unless the Requesting Party provides an assurance that the death penalty if imposed will not be carried out.

Article7 Obligation to Take Action by the Requested Party

1. If extradition is not granted pursuant to subparagraphs (d) of Article 4, (c) of Article 5, and Article 6 of this Agreement, the Requested Party shall, upon the request of the Requesting Party, submit the case to its competent authorities with a view to taking appropriate action against the person in accordance with its law. For this purpose, the Requesting Party shall provide the Requested Party with documents and evidence relating to the case.

2. The Requesting Party shall be informed of the result of its request.

Article 8 Request and Supporting Documents

1. A request for extradition shall be made in writing and shall include or be accompanied by:

a) the name of the requesting authority;

b) the name of the requested authority;

c) the full name of the person sought to be extradited, his/her age, sex, citizenship, occupation, the place of residence or location, and any other information which would help to determine his/her identity;

d) a description of the appearance of the person sought to be extradited, his/her photograph and fingerprints, if available;

e) title of a case including a statement of the facts of the offence committed, information about the time and place of the commission and its consequences, as well as the amount of material damage, if it was caused as a result of the act;

f) the text of the relevant provisions of the law specifying the case and the penalty prescribed for and any lapse of time in relation with the prosecution or carrying out of a sentence.

2. In addition to the provisions of paragraph 1 of this Article,

a) the request for extradition which is made for the purpose of prosecution shall be accompanied by a copy of arrest warrant;

b) the request for extradition which is made for the purpose of execution of a sentence shall be accompanied by a copy of final judgment, a copy of arrest warrant, and a statement showing the remaining imprisonment to be served.

3. A request for extradition and its supporting documents shall be signed or sealed and shall be accompanied by translations in the language of the Requested Party or English.

Article 9 Additional Information

1. If the Requested Party considers that the information provided in the request for extradition is insufficient to fulfill the requirements of this Agreement, that Party may request the additional information be submitted within a period of thirty (30) days. In the presence of valid reasons the said period may be extended for fifteen (15) days upon a duly request of the Requesting Party. In the event that the Requesting Party fails to submit the additional information within the said period, it shall be considered by the Requested Party as a revocation of the request for extradition. However, the Requesting Party shall not be precluded from making a new request for extradition for the same offence.

2. If the person for whom extradition is requested is under arrest, and the additional information provided is insufficient in accordance with this Agreement or not received within the time limit specified in paragraph 1 of this Article, the person may be released. Such release does not prevent the Requesting Party from sending a new request for the extradition of that person.

3. Upon the release of a person on the basis of paragraph 2 of this Article, the Requested Party shall promptly notify the Requesting Party accordingly.

Article 10 Provisional Arrest

1. In case of urgency, either Party may apply for provisional arrest of the person sought before the request for extradition has been transmitted to the Requested Party. Such application may be submitted in writing through diplomatic channels, the International Criminal Police Organization (INTERPOL) or other channels agreed to by the Central Authorities of the Parties.

2. The application for provisional arrest shall contain the information and documents indicated in paragraph 1(e) of Article 8 of this Agreement, a statement of the existence of documents indicated in paragraph 2 of that Article and a statement that a formal request for extradition of the person sought will follow.

3. The Requested Party shall promptly inform the Requesting Party of the result of its handling of the application.

4. Provisional arrest shall be terminated if, within a period of forty (40) days after the arrest of the person sought, the competent authority of the Requested Party has not received the formal request for extradition. Upon request by the Requesting Party, such time limit may be extended for twenty (20) days.

5. The termination of provisional arrest pursuant to paragraph 4 of this Article shall not prejudice the extradition of the person sought if the Requested Party has subsequently received the -formal request for extradition.

Article 11 Decision on the Request for Extradition

1. The Requested Party shall deal with the request for extradition in accordance with the procedure provided for by its law, and shall promptly inform the Requesting Party of its decision.

2. If the Requested Party refuses the whole or any part of the request for extradition, the reasons for refusal shall be notified to the Requesting Party.

Article 12 Expedited Extradition

If the person sought explicitly and voluntarily consents to be extradited to the Requesting Party, the Requested Party may take all measures permitted under its law to expedite the extradition.

Article 13 Surrender of the Person

1. If extradition has been granted by the Requested Party, the Parties shall agree on the time, place and other relevant matters relating to the surrender of the person sought. Meanwhile, the Requested Party shall inform the Requesting Party of the period of time for which the person to be extradited has been detained prior to the surrender.

2. If the Requesting Party has not taken over the person to be extradited within thirty (30) days after the date agreed for the surrender of the person sought, the Requested Party shall release that person immediately and may refuse a new request by the Requesting Party for extradition of that person for the same offence, unless otherwise provided for in paragraph 3 of this Article.

3. If one Party fails to surrender or take over the person to be extradited within the agreed period for reasons beyond its control, the other Party shall be notified promptly. The Parties shall once again agree on the relevant matters for the surrender of the person sought, and the provisions of paragraph 2 of this Article shall apply.

Article 14 Postponed or Conditional Surrender

1. If the person sought is being proceeded against or is serving a sentence in the Requested Party for an offence other than that for which extradition is requested, the Requested Party may, after having made a decision to grant extradition, postpone the surrender until the conclusion of the proceeding or the service of the sentence. The Requested Party shall inform the Requesting Party of the postponement of the surrender.

2. If the postponement of the surrender mentioned in paragraph 1 of this Article would cause the lapse of time for prosecution or impede the investigation by the Requesting Party on the offence for which extradition is requested, the Requested Party may, to the extent permitted by its law, temporarily transfer the person sought to the Requesting Party according to the terms and conditions agreed to by the Parties. The Requesting Party shall promptly return that person to the Requested Party upon conclusion of relevant proceedings.

Article 15 Surrender of Property

1. To the extent permitted under the law of the Requested Party and subject to the rights of third parties, all the property found in the territory of the Requested Party that has been acquired as a result of the offence or that may be required as evidence shall, if the Requesting Party so requests, be surrendered if extradition is granted.

2. When the said property is liable to seizure or confiscation in the Requested Party, it may retain it or temporarily hand it over to the Requesting Party.

3. Where the law of the Requested Party or the rights of the third parties so require, any property so surrendered shall be returned to the Requested Party free of charge if that Party so requests.

Article 16 Rule of Speciality

The person extradited in accordance with this Agreement shall not be proceeded against or subject to the execution of a sentence in the Requesting Party for an offence committed by that person before his/her surrender other than that for which extradition is granted, nor shall that person be re-extradited to a third state, unless:

a) the Requested Party has consented in advance. For the purpose of such consent, the Requested Party may require the submission of the documents and information mentioned in Article 8, and a statement by the extradited person with respect to the offence concerned. With regard to prosecution or execution of a sentence in the Requesting Party, consent shall be given when the offence concerned is itself subject to extradition in accordance with the provisions of this Agreement;

b) that person has not left the territory of the Requesting Party within forty-five (45) days after having been free to do so. However, this period of time shall not include the time during which that person fails to leave the territory of the Requesting Party for reasons beyond his/her control; or

c) that person has voluntarily returned to the territory of the Requesting Party after leaving it.

Article 17 Transit

1. When one Party is to extradite a person from a third state through the territory of the other Party, the former shall request the latter for the permission of such transit. No such permission is required where air transportation is used and no landing in the territory of the latter is scheduled.

2. The Requested Party shall, in so far as not contrary to its law, grant the request for transit made by the Requesting Party.

3. The request for transit shall contain the following information:

a) the identity of the person to be extradited, including his/her nationality;

b) the existence of an arrest warrant or a final judgment;

c) a statement of the facts of the offence; and

d) the provisions of the laws relating to criminalization and penalty of the offence.

Article 18 Notification about Results

The Requesting Party shall provide, within a maximum period of six months the Requested Party with the information on the proceedings or the execution of sentence against the extradited person or information concerning the re-extradition of that person to a third state.

Article 19 Concurrent Requests

If one Party receives requests for extradition of the same person from both the other Party and a third state, the Requested Party shall decide to which of those states the person is to be extradited taking into consideration all the circumstances, specially the relative gravity of the offence or offences, the place of commission of the offence, the respective dates of requests, the nationality of victim and the person sought to be extradited and the possibility of subsequent extradition to another state and shall notify other states on its decision.

Article 20 Expenses Related to Extradition

Costs arising from the procedures for extradition in the territory of the Requested Party shall be borne by that Party. Expenses of transportation and the transit costs in connection with the surrender or taking over of the extradited person shall be borne by the Requesting Party.

Article 21 Compatibility with Other Agreements

This Agreement shall be without prejudice to any rights and obligations of the Parties that arise from other international treaties to which they are parties.

Article 22 Settlement of Disputes

Any dispute arising from the interpretation and implementation of this Agreement shall be resolved by consultation through diplomatic channels if the Central Authorities of the Parties are unable to reach a solution.

Article 23 Entry into Force, Amendment and Denunciation

1. This Agreement is subject to ratification. Each Party shall inform the other by diplomatic note that all necessary steps have been taken under its laws for entry into force of this Agreement. This Agreement shall enter into force on the thirtieth day from the date on which the later diplomatic note is received.

2. This Agreement may be amended at any time by written agreement between the Parties. Any such amendment shall enter into force in accordance with the same procedure prescribed in paragraph 1 of this Article and shall form an integral part of this Agreement.

3. Either Party may denounce this Agreement by notice in writing through diplomatic channels at any time. Denunciation shall take effect on the one hundred and eightieth day after the date on which the notice is given. Denunciation of this Agreement shall not affect the extradition proceedings commenced prior to the denunciation.

4. This Agreement shall apply to any requests presented after its entry into force even if the relevant offences occurred before the entry into force of this Agreement.

5. On the date of entry into force of this Agreement, those provisions of the Agreement between the Republic of Uzbekistan and the Republic Turkey of on Legal Assistance in Civil, Commercial and Criminal Matters dated 23 June 1994, which relate to extradition, shall terminate.

IN WITNESS WHEREOF, the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in duplicate at Tashkent on 30 April 2018, in the Uzbek, Turkish and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

(signature)