On extradition

17.10.2016

Agreement between the Republic of Uzbekistan and the Islamic Republic of Afghanistan

The Republic of Uzbekistan and the Islamic Republic of Afghanistan, hereinafter referred to as «Contracting Parties,»

in view of their mutual interests in strengthening mutual relations and establishing effective cooperation in extradition related areas, based on the principles of national sovereignty, non-intervention in domestic affairs of each other and protection of mutual interests,

have agreed as follows:

Article 1 Extradition Obligation

Upon the request of each Contracting Party, the other Contracting Party in accordance with the provisions of this Agreement shall undertake to extradite any person found in their territory who is under prosecution by competent authorities of the requesting Contracting Party for commission of an offence or execution of a sentence.

Article 2 Extradition Cases

Extradition may take place in following cases:

a) extradition of a person can be sought for an act that constitutes an offence under the laws of both Contracting Parties and punishable by a maximum penalty of imprisonment for a period not less than 1 (one) year;

b) when extradition is sought for a person who has committed an offence for which the penalty doesn't exceed the period mentioned under Clause (a) of this Article and the judgment issued is a minimum of 6 (six) months of imprisonment or any other heavier punishment.

Article 3 Refusal of extradition

1. The request for extradition shall be refused:

a) when the person sought to be extradited is a citizen of the requested Contracting Party;

b) when the offence for which the extradition has been requested is a political or military. The nature of offence shall be determined by the requested Contracting Party;

c) when the offence takes place within the territory of the requested Contracting Party or it takes place outside the territory of the said party, with the proceedings taking place within the jurisdiction of the requested Contracting Party;

d) when under the laws and regulations of one of the Contracting Parties the offence for which the extradition has been requested is not legally prosecutable;

e) when it is not complaint with national laws, or may cause damage to the interests or security of the requested Contracting Party.

2. In case of unconditional or partial refusal on extradition request, the requested Contracting Party shall inform the requesting Contracting Party of reasons for refusal.

Article 4 Death penalty

If under the law of the requesting Contracting Party the person sought is liable to the death penalty for the crime for which his extradition is requested, extradition may be refused, unless the requesting Contracting Party gives such assurances as the requested Contracting Party considers sufficient that the death penalty will not be applied or not be carried out.

Article 5 Preparation of Extradition Requests

1. The request for extradition, pursuant to this Agreement, shall be provided in written form and contain the following information and accompanied by the following evidence:

a) the name of requesting authority;

b) the text of any provision of the laws under which commission of an act is considered as an offence by the requesting Contracting Party and the relevant penalty is specified;

c) name, surname and nationality of the person sought to be extradited as well as his/her father's name, date of birth, domicile, identifying marks, photograph, fingerprint and any other information required, if possible;

d) the details of the offences for which the extradition has been requested, time and place of commission of the offence, their legal description and references to the relevant provisions of law, as far as possible;

e) final conviction, warrant of arrest or summons or any other evidence with the same effect on the period of the sentence which has already been borne. If the requested Contracting Party requires any additional information or clarification or documents to meet national laws requirements, in case the person sought to be extradited is under arrest or under preventive measures, the requested Contracting Party may request the other Contracting Party to provide the required information or clarification or documents, which has to be provided within 30 (thirty) days. In case of request of requesting Contracting Party and in presence of legitimate reason such time limit may be extended for 30 (thirty) days.

2. If the requesting Contracting Party fails to provide the additional information or clarification in due time, the detention of the person sought to be extradited shall be terminated by the requested Contracting Party. Nevertheless, the above shall not prejudice further detention of the mentioned person upon receiving the additional information or clarification.

Article 6 Translation of Documents

1. The above-mentioned documents shall be drawn up according to the laws of the requesting Contracting Party accompanied by the relevant translation into the language of requested Contracting Party or English.

2. Diploma:ic delegation or Consular post of the requesting Contracting Party and/or the official translator of the said state and/or the requested Contracting Party shall attest the translation of such documents.

Article 7 Detention of the Person Sought to be Extradited

Upon receiving the request for extradition, except in cases mentioned under Article (3) of this Agreement, the requested Contracting Party shall take the necessary measures in order to arrest and detain the requested person to its internal law.

Article 8 Detention until Receiving Extradition Request

1. In cases of emergency, the competent authorities of the requesting Contracting Party may request temporary detention of the requested person according to their own internal law.

2. In detention request, the requesting Contracting Party shall refer to the judgment or warrant of arrest while indicating that the extradition of the said person will be requested and the requested Contracting Party will be provided with extradition documents immediately.

3. The detained person shall be released if the extradition request is not received within 45 (forty five) days from the moment of detention of the said person. Such time limit may be extended for 15 (fifteen) days if, prior to its expiration, a corresponding application has been received from the requesting Contracting Party.

4. The expiration of a time period stipulated in Paragraph (3) of this Article shall not prevent his re-arrest or detention with the purpose of extradition upon receiving the request for extradition and subsequent documents.

Article 9 Postponement of Extradition

1. The requested Contracting Party may postpone the extradition of person in order to carry out investigations related to the offence other than the one for which the extradition has been requested or the said person is serving a sentence in the territory of the requested Contracting Party.

2. Instead of postponement of extradition, the requested Contracting Party may temporarily surrender the requested person to the other Contracting Party based of the terms and conditions agreed upon by both Contracting Parties.

3. Temporarily extradited person shall be returned to the requested Contracting Party upon conclusion of the relevant proceedings but not later than 3 (three) month.

Article 10 Trial in case of Refusal of Extradition

1. If extradition is refused pursuant to the provisions of Clause (a) Paragraph (1) Article (3) of this Agreement, the requested Contracting Party may upon the request of requesting Contracting Party prosecute the accused person and initiate criminal proceedings against him/her at its own competent authorities. In such cases, the requesting Contracting Party shall provide the requested Contracting Party with materials and evidences related to the offence.

2. The requested Contracting Party informs the requesting Contracting Party on a course of investigation and its final results.

Article 11 Extradition Concurrently Requested by Several States

If extradition is concurrently requested by more than one state for the same offence or different offences, considering all the circumstances and particularly seriousness of the offence and the place of commission of the offence, the respective dates of the requests, nationality of the requested person and the possibility of subsequent extradition to another state, the requested Contracting Party shall make its decision regarding the case.

Article 12 Criminal Prosecution of Extradited Person

1. The extradited person shall not be subject to criminal prosecution and execution of a sentence for an offence committed before his/her surrender other than the one for which the extradition is granted, unless the consent of the requested Contracting Party has been obtained, except for:

a) If the extradited person does not leave the territory of the requesting Contracting Party within 15 (fifteen) days after termination of criminal prosecution and/or voluntarily returns to that territory after having left it;

b) If the criminal description of the committed offence changes during the prosecution or execution of the sentence unless the new offence with regard to its constituting elements continues to bear the conditions mentioned under Article (2) of this Agreement.

2. The extradited person shall not be surrendered to a third party due to the offences that he/she has committed before extradition, unless subject to the consent of the requested Contracting Party.

3. The Contracting Parties inform each other on the results of criminal proceedings against extradited person: a copy of taken decision shall be sent upon the request.

Article 13 Execution of Extradition

1. The requested Contracting Party shall inform the requesting Contracting Party about the decision concerning the extradition request.

2. If the extradition is agreed upon, the requested Contracting Party shall inform the requesting Contracting Party of the place and time of surrender as well as the period of time during which the person sought to be extradited had been detained prior to the extradition.

3. In compliance with the provisions of Paragraph (4) below, if the person sought to be extradited has not been taken over on the date agreed upon, the requested Contracting Party shall release him after 15 (fifteen) days, in any case the detention period shall not take more than 30 (thirty) days from the agreed date of surrender. In such cases, the requested Contracting Party shall not be bound on its previous decision and may reconsider the extradition request for the same offence.

4. If either of the Contracting Parties fails to surrender or take over the person sought to be extradited due to conditions and circumstances beyond their control, the other Contracting Party shall be informed accordingly. In such cases, the Contracting Parties shall agree on the new date of surrender. Provisions of Paragraph (3) of this Article shall be applicable to the new date as well.

Article 14 Re-extradition

If the extradited person returns to the territory of the other Contracting Party prior to the termination of the prosecution, proceedings or execution of sentence, he/she shall be extradited again based on the request of the requesting Contracting Party. In such cases, submission of documents mentioned under Article (5) of this Agreement is no longer required.

Article 15 Delivery of Objects

1. In compliance with the provisions of Article (2) of this Agreement, the requested Contracting Party shall hand over all the objects and articles found to be an evidence of the offence or an instrument for committing the offence or obtained due to the offence, to the requesting Contracting Party. The above-mentioned objects, articles and instruments shall be handed over even if the extradition cannot be carried out due to death or escape of the person sought to be extradited or any other possible reason.

2. The Contracting Party may temporarily postpone surrender of the objects and articles referred to under Paragraph (1) of this Article for investigation in another criminal proceeding or may surrender the same subject to return.

3. The rights of any third person shall be observed regarding the above mentioned objects and articles, and such objects and articles shall be returned to the requested Contracting Party.

Article 16 Transit

1. In compliance with the rules and regulations related to the extradition, either of the Contracting Parties may authorize the transit of the persons to be extradited by a third state to the other Contracting Party.

2. The request for transit authorization shall be accompanied by the documents stipulated under Article (5) of this Agreement.

3. In any case, the competent authorities of the Contracting Parties shall coordinate the method, route and other conditions of the transit.

Article 17 Expenses

The expenses, connected with extradition, shall be borne by that Contracting Party, in the territory of which they were incurred. The expenses incurred by reason of transit of persons, who are under arrest or serving sentence shall be borne by the requesting Contracting Party.

Article 18 Channels of Communication

Any communication between the Contracting Parties regarding extradition cases shall take place via the Prosecutor Generalʼs Office of the Republic of Uzbekistan of the one part and the Attorney General of the Islamic Republic of Afghanistan on the other part, directly or through diplomatic channels or International Criminal Police Organization (Interpol).

Article 19 Settlement of Disputes

The Contracting Parties shall settle the disputes arising due to the execution and interpretation of this Agreement through direct negotiation or diplomatic channels.

Article 20 Introduction of amendments

Upon mutual consent of the Contracting Parties, amendments or additions may be introduced to this Agreement through separate protocols which shall be considered as an integral part of this Agreement and shall enter into force in the order ascertained by the Paragraph (1) Article (21) of this Agreement.

Article 21 Entering into force and termination

1. This Agreement shall be subject to ratification and shall enter into force on the 30th (thirty) day after the date of exchange of the instrument of ratification.

2. This Agreement shall remain in force for an indefinite period of time.

3. Either Contracting Party may terminate this Agreement by giving written notice to the other Contracting Party. Termination shall take effect 6 (six) months after receiving such notice by the other Contracting Party.

4. This Agreement shall apply to crimes committed before as well as after the date it enters into force.

Done at Tashkent on October 17, 2016 in two originals, each in Uzbek, Dari and English languages, all text being equally authentic.

In the event of any difference in interpretation of this Agreement the English text shall prevail.

(signature)