On the Transfer of Sentenced Persons

18.06.2023

Treaty

between the Republic of Uzbekistan and the Islamic Republic of Iran

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

Based on the principles of state sovereignty and non-intervention in internal affairs of each other, equality and mutual respect, based on the norms of international law and desiring to develop effective cooperation in the field of criminal law,

Desiring to facilitate rehabilitation of the Sentenced Persons through giving them the opportunity to serve their sentences in their own countries,

Guided by the principles of humanism and respect for human rights,

Have agreed as follows:

Article 1 Definitions

For the purposes of this Treaty, the meaning of the terms are as follows:

1. “Sentencing Party” means the Party in whose territory a court has imposed the sentence of imprisonment or other deprivation of liberty punishment against the person who is to be transferred.

2. “Administering Party” means the Party, in whose territory enforces the sentence of imprisonment or other deprivation of liberty, issued against a person of its national may be transferred to serve the sentence.

3. “Sentenced Person” means the person who has been sentenced by a court of either Party for committing a crime punishable by the sentence of deprivation of liberty.

4. “Close relatives of Sentenced Person” means persons who are considered so in accordance with the national law of the Party of which the Sentenced Person is a national.

5. “Competent authorities of the Parties” means the bodies that according to the national law of that Party are involved in any way in the transfer of Sentenced Persons.

Article 2 General Provisions

1. The Parties shall undertake all possible measures to cooperate in the transfer of Sentenced Persons in accordance with the provisions of this Treaty.

2. The Sentenced Persons may be transferred from the territory of the Sentencing Party to the territory of the Administering Party in order to serve the whole sentence or the remaining term thereof, in accordance with the provisions of this Treaty. To this end, the Sentenced Person, or his/her close relatives or his/her legal representative should submit his/her written application with consent of his/her transfer under this Treaty to the Sentencing Party or to the Administering Party.

Article 3 Central Authority and Manner of Communication

1. The Central Authorities on all matters relating to the transfer of Sentenced Persons in accordance with this Treaty will be:

For the Republic of Uzbekistan — General Prosecutorʼs Office;

For the Islamic Republic of Iran — the Ministry of justice.

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

3. Central Authorities shall communicate with each other through diplomatic channels. In emergency situation the Central Authorities may communicate with each other directly-by facsimile communication, e-mail, other channels of prompt communication for coordinating the practical measures required for the implementation of this Treaty. Any such correspondence and sent documents in this manner shall be immediately confirmed through diplomatic channels.

Article 4 Conditions for Transfer

1. A Sentenced Person may be transferred only on the following conditions, if:

a) the Sentenced Person is a national of the Administering Party;

b) the judgment is final and enforceable in accordance with the national law of the Sentencing Party;

c) the part of the sentence still to be served at the time of the receipt of the request is at least six (6) months;

d) the Sentenced Person consents with his/her transfer, and /or, it is requested by his/her close relatives or legal representative and/or by one of the Parties taking into account his/her age, physical or mental conditions;

e) the act or omission on account of which the sentence has been imposed constitute a criminal offence according to the national law of the Administering Party;

f) the Sentencing and Administering Parties agree to the transfer of the Sentenced Person.

2. In exceptional cases, the Parties may agree to a transfer even if the time to be served by the Sentenced Person is less than six (6) months.

Article 5 Refusal to Transfer

1. The transfer of the Sentenced Person may be refused, if:

a) the transfer would damage the State sovereignty, security, public order or that is contrary to the fundamental principles of national law of one of the Parties;

b) the material damage caused by the crime has not been indemnified;

c) the punishment cannot be enforced in the Administering Party for lapse of its time or any other reasons provided by the national law of this Party;

d) the requirements of paragraph 1 of Article 4 of this Treaty have not been fulfilled;

2. The requested Party shall promptly inform the requesting Party of its decision whether or not to agree to the transfer.

Article 6 Information on Enforcement of the Sentence

1. The Administering Party shall provide to the Sentencing Party with the following information related to enforcement of the sentence, if:

a) the Sentenced Person escaped from custody before completion of the sentence in the territory of Administering Party;

b) the Sentencing Party requires a special report on status of the Sentenced Person.

2. The Sentencing Party shall notify the Sentenced Person in writing of the decision taken by itself and (or) the Administering Party concerning the request for transfer under this Treaty.

Article 7 Exchange of Information

The Central Authorities of the Parties shall exchange annually or upon request the information about Sentenced Persons who are nationals of other Party.

Article 8 Requests for Transfer

Upon the receipt of a request for transfer, the Sentencing Party shall forward the following documents and information to the Administering Party, unless otherwise agreed between the two Parties:

a) information on the Sentenced Person, including his/her full name, fatherʼs name, date and place of birth;

b) the documents of the nationality of the Sentenced Person, if any;

c) the text of law upon which the sentence was based;

d) the written consent of the Sentenced Personʼs or, if appropriate, his/her legal representativeʼs or close relatives in accordance with Article 4 of this Treaty;

e) a written application for transfer made by the Sentenced Person, his/her legal representative or his/her close relatives in accordance with Article 2 of this Treaty;

f) a copy of the sentence of the court and the decision of the competent authority on its legal validity;

g) a certificate issued by the Sentencing Party indicating the term of the imprisonment served, the period of detention in pre-trial proceedings, information about pardon, amnesty, mitigation and remaining part of the sentence to be served;

h) medical certificate on physical and mental condition of the Sentenced Person.

Article 9 Transmission of Documents

The Administering Party upon the request of the Sentencing Party shall forward the following documents:

a) a document or certificate proving that the Sentenced Person is national of the Administering Party;

b) a copy of the relevant law of the Administering Party which provides that the acts or omissions on account of which the sentence has been imposed constitute a criminal offence in the Administering Party.

Article 10 Examination of Consent to Transfer

1. The Sentencing Party shall ensure that the Sentenced Person who has given the consent to the transfer voluntarily and with full knowledge of the legal consequences thereof and confirms the understanding in the statement of consent to the transfer in accordance with paragraph 1(d) of Article 4.

2. Upon request of the Administering Party, the Sentencing Party shall afford an opportunity to the Administering Party to verify through its consular authorities or other agreed authority that the consent is given in accordance with the conditions set out in paragraph 1 of this Article.

Article 11 Reply to Request for Transfer of the Sentenced Person

The requested Party shall take a decision within three (3) months after the receipt of the documents specified in Article 9 of this Treaty on granting or refusal of the request for transfer and shall promptly notify in writing the requesting Party, if necessary, the Sentenced Person, his/her legal representative or his/her relatives about its decision.

Article 12 Date, Place and Procedure of Transfer

1. In the case of granting of a request for transfer, the Central Authorities of the Parties shall determine the place, date and procedure of transfer of the Sentenced Person by mutual agreement.

2. The procedure of the transfer of the Sentenced Person includes preparing the protocol on transfer which shall be signed by authorized persons of the Parties.

Article 13 Expenses

All expenses related to the transfer of the Sentenced Person shall be borne by the Administering Party from the time of his/her delivery to the Administering Party.

Article 14 Enforcement of the Sentence after Transfer

1. The Administering Party is obliged to the enforcement of the sentence in full, upon order of its competent authority and may not intensify the punishment of the Sentenced Person. The punishment imposed on the Sentenced Person shall be served based on the sentence of the court of the Sentencing Party. The court of the Administering Party shall make a decision on enforcement of the sentence of the Sentencing Party.

2. After the transfer of the Sentenced Person, arrangements for enforcement of the sentence of the other Party shall be determined by the laws of the Administering Party.

3. If under the laws of the Administering Party the limiting term of imprisonment for this act is less than designated by the sentence, the court of the Administering Party shall determine maximum term of imprisonment stipulated by the laws of that Party for the same act. However, the type of punishment shall not be converted.

4. If the sentence refers to two or more acts, of which one or more are not recognized as crimes in the Administering Party, the court of that Party shall determine which part of the punishment shall be applied to the act constituted as a crime.

5. The decision on the enforcement of an additional punishment shall be made by the court of the Administering Party, if such punishment for the committed act is provided for by the laws of that Party.

6. Upon request, the Central Authority of the Administering Party shall notify the Central Authority of the Sentencing Party of the decision of the court on enforcement of the sentence adopted in accordance with this Article.

Article 15 Pardon, Amnesty and Commutation

Each Party may, in accordance with its laws, grant pardon, amnesty, or commutation of the sentence imposed on the Sentenced Person or his/her conditional release.

Article 16 Review of the Sentence

Only, the Sentencing Party shall be entitled to review the sentence imposed in respect of transferred Sentenced Person.

Article 17 Transit

1. Either Party upon request of the competent authorities of the other Party shall assist in transit of the Sentenced Person through its territory to a third party or from a third party to the other Party.

2. Authorization for transit shall not be required when air transport is used and no landing is scheduled in the territory of the Party of transit.

3. In the case of an unplanned landing of an air transport, the Party over whose territory the flight takes place, may, upon request of representatives of the other Party accompanying the Sentenced Person, keep the person in custody for 72 hours prior to receipt of the request for transit carriage provided in accordance with paragraph 1 of this Article. Such a request can be transmitted by means of technical means of communication, including telegraph, telex, telefax and e-mail. If the transit will not be accomplished within the mentioned time, the Sentenced Person shall be released.

4. Either Party may refuse to grant transit, if:

a) the Sentenced Person is its national;

b) the act for which the sentence was imposed does not constitute a criminal offence in this state under its national law;

c) it is contrary to its national law.

Article 18 Retroactivity

The provisions of this Treaty shall also apply to the sentences imposed by the courts of either Party prior to its entry into force.

Article 19 Settlement of Disputes

Any dispute or disagreement arising from the interpretation or implementation of this Treaty shall be settled by direct consultations and negotiations between the Central Authorities of the Parties through diplomatic channels.

Article 20 Languages of Bilateral Cooperation

1. In the implementation of this Treaty, the language of interaction between the competent authorities of the Parties shall be English.

2. The supporting documents for request shall be made in the official language of the requesting Party accompanied by certified translations thereof into the language of the requested Party or English.

3. All the documents transmitted through the diplomatic channels shall not require any form of certification or authentication.

Article 21 Amendments of the Treaty

This Treaty may be amended by mutual consent of the Parties through separate protocols, which shall be an integral part of this Treaty and enter into force in accordance with the procedure prescribed by Article 23 of this Treaty.

Article 22 Compatibility with other Treaties

The provisions of this Treaty shall be without prejudice to any rights and obligations of the Parties that arise from other international treaties to which they are parties.

Article 23 Entry into Force, Duration and Termination

1. This Treaty shall be subject to ratification under the laws of each Party and shall enter into force for an indefinite period on the thirtieth (30) day after the date of the exchange of the instruments of ratification through diplomatic channels.

2. Each Party may terminate this Treaty by submitting through diplomatic channels a written notification to the other Party. This Treaty shall be terminated after hundred eighty (180) days following the date of receipt of such notification. Expiration of validity or termination of this Treaty shall not affect the transfer requests which were submitted during its validity.

3. This Treaty shall be applied to requests on transfer of the Sentenced Person submitted after its entry into force, even if the appropriate crime was committed before its entry into force.

In witness thereof, the undersigned, being duly authorized thereto by their respective governments, have signed the present Treaty.

Done in Tehran on 18th of June, 2023, corresponding to the date 28 Khordad 1402 in duplicate, each in the Uzbek, Farsi and English languages, all texts being equally authentic. In the event of any difference in interpretation of this Treaty, the English text shall prevail.

(signatures)