23.8.2014

EN

Official Journal of the European Union

L 251/3

---

TRANSLATION

AGREEMENT

between the European Union and the Central African Republic concerning detailed arrangements for the transfer to the Central African Republic of persons detained by the European Union military operation (EUFOR RCA) in the course of carrying out its mandate, and concerning the guarantees applicable to such persons

The European Union, hereinafter referred to as the ‘EU’,

of the one part,

and

the Central African Republic, hereinafter referred to as the ‘CAR’,

of the other part,

hereinafter collectively referred to as the ‘Parties’,

WISHING to cooperate in the restoration of security and the rule of law in the Central African Republic and to help improve the humanitarian situation and protect the civilian population;

HAVING REGARD to United Nations Security Council Resolution 2134 (2014), in particular paragraph 44 thereof, authorising the EU operation in the Central African Republic to take all necessary measures in order to fulfil its missions;

HAVING REGARD to Decision 2014/73/CFSP of the Council of the European Union establishing, in application of United Nations Security Council Resolution 2134 (2014), a European Union military operation in the Central African Republic (EUFOR RCA) in order to contribute to the stabilisation of the situation;

WHEREAS it may prove necessary to detain persons for a short period in order to fulfil the mandate of EUFOR RCA, in particular to allow their transfer to the CAR authorities, in particular when they are suspected of having committed serious crimes or offences under CAR criminal law or in order to ensure the safety of EUFOR RCA and its personnel;

WHEREAS EUFOR RCA shall carry out the detention of those persons under United Nations Security Council Resolution 2134 (2014), in particular paragraph 44 thereof, in accordance with the applicable rules of international human rights law and of international humanitarian law and shall ensure that, where possible, the competent CAR authorities are informed of such detention;

WHEREAS the detention of those persons by EUFOR RCA may be followed by their transfer to the competent CAR authorities, in compliance with the applicable rules of international law, or by their release;

WHEREAS the detention of those persons by EUFOR RCA may also be followed by their being interned as decided by EUFOR RCA under the law of armed conflicts, or by their being held in the custody of EUFOR RCA with the authorisation of the CAR judicial authorities;

CONSCIOUS of the need to agree with the CAR the detailed arrangements for transferring those persons, as well as the guarantees applicable to them, in particular during the criminal proceedings which may be started by the CAR;

WHEREAS this Agreement affects neither the CAR's rights and obligations under the Statute of the International Criminal Court, nor the EU's commitment to supporting that Court;

CONSCIOUS of the fact that the situation in the CAR has been referred to the International Criminal Court, and wishing to cooperate with that Court;

WISHING to cooperate with the international commission of inquiry established in accordance with paragraph 24 of United Nations Security Council Resolution 2127 (2013), whose mission is to investigate reports of violations of international humanitarian law and international human rights law and abuses of human rights in the CAR by all parties to the CAR conflict since 1 January 2013;

DETERMINED to respect and guarantee the fulfilment of their legal obligations, in particular under the applicable international humanitarian law and international human rights law, and recalling in this regard the provisions of paragraph 48 of United Nations Security Council Resolution 2134 (2014),

HAVE AGREED AS FOLLOWS:

General provisions

Article 1

The aim of this Agreement is to establish the principles and procedures governing, on the one hand, the detailed arrangements for transferring to the CAR persons detained by EUFOR RCA and, on the other hand, the guarantees applicable to them after they have been transferred to the CAR, in order to ensure that the Parties fulfil their obligations under international law.

Article 2

For the purposes of this Agreement:

1.	‘EUFOR RCA’ means EUFOR RCA as understood in the Exchange of Letters between the CAR and the EU of 13 March 2014;

2.	‘Transferred persons’ means persons detained by EUFOR RCA in the course of carrying out its mandate when they are suspected of having committed serious crimes or offences under CAR criminal law, and who are transferred by EUFOR RCA to the CAR;

3.	‘Third party’ means any State or organisation not party to this Agreement.

Transfer arrangements

Article 3

1.   EUFOR RCA may transfer to the CAR the persons it detains under the conditions hereinafter laid down.

2.   EUFOR RCA shall not transfer any person to the CAR if there is reason to believe that the guarantees laid down in this Agreement will not be respected.

3.   Before any transfer, EUFOR RCA shall:

(a)	inform, without undue delay, the person of the decision to transfer him or her;

(b)	give the person the opportunity to express any concerns regarding his or her transfer;

(c)	before taking a final decision on the transfer, examine any concerns so expressed.

4.   If a person detained by EUFOR RCA is not transferred to the CAR as quickly as possible, he or she may continue to be detained by EUFOR RCA, provided that the competent judicial authorities of the Central African Republic have authorised such continuing detention. During the provisional detention, the person concerned shall benefit from the rights and guarantees conferred by international law on persons in provisional detention.

5.   When the transfer takes place, and with the consent of the transferred person, EUFOR RCA shall inform the International Committee of the Red Cross (ICRC) and, if applicable, any other organisation referred to in Article 6(1) and, for foreign persons, the consular authorities of the State of which the person is a national.

6.   When the transfer takes place, EUFOR RCA shall send to the CAR all the information it holds which the CAR judicial authorities need.

7.   EUFOR RCA shall keep a register recording all information concerning each person transferred or detained in accordance with paragraph 4. That information shall include the person's identity, the place of detention, the date of the transfer, the person's state of health and any decision taken in respect of that person.

Treatment of transferred persons

Article 4

1.   The CAR shall treat all transferred persons humanely at all times, without making any adverse distinction, and in accordance with the applicable rules of international law.

2.   To this effect, the persons covered by this Agreement shall benefit from guarantees identical to those provided for by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984, the relevant provisions of the International Covenant on Civil and Political Rights of 16 December 1966 and the International Convention for the Protection of All Persons from Enforced Disappearance of 20 December 2006, in accordance with the applicable rules of international human rights law, as well as those provided for by the common Article 3 of the Geneva Conventions of 12 August 1949 and their Additional Protocol relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) adopted on 8 June 1977, in accordance with the applicable rules of international humanitarian law.

3.   The CAR shall treat transferred persons of under 18 years of age in accordance with international humanitarian law and international human rights law, in particular the Convention of the Rights of the Child of 20 November 1989 and the optional protocol thereto of 25 May 2000 on the involvement of children in armed conflict, in particular by allowing them to stay in touch with their families and detaining them in a place or premises separate from the places of detention for adults, except in the case of families held as family units.

4.   In the event that a transferred person risks the death penalty or a penalty constituting cruel, inhumane or degrading treatment, such a penalty shall neither be sought, imposed nor carried out by the CAR with respect to that person.

5.   No person transferred pursuant to this Article may subsequently be transferred to a third party without the prior written agreement of the EU. In the event of subsequent transfer to a third party, the CAR shall ensure that the third party complies with the guarantees laid down in paragraphs 1, 2 and 3 and shall ensure that in the event that a transferred person risks the death penalty or a penalty constituting cruel, inhumane or degrading treatment, such a penalty shall not be sought, imposed or carried out with respect to that person. In the event of subsequent transfer to any third party, the CAR shall guarantee the EU a right of unrestricted access to the persons so transferred.

Registration, monitoring of the conditions of detention of transferred persons and access to detained persons

Article 5

1.   Transferred persons may present requests or complaints to the CAR regarding the way they are treated. The CAR shall undertake to examine any such request or complaint without delay and to communicate it immediately to EUFOR RCA.

2.   If the EU considers that a transferred person is not being treated in accordance with this Agreement, it shall ask the CAR to take the necessary remedial measures. The CAR shall implement such measures as quickly as possible.

3.   Representatives of the EU or of EUFOR RCA shall be authorised to visit all places containing transferred persons. They shall have access to all premises used by transferred persons. They shall also be authorised to visit places of detention, departure, transit or arrival of transferred persons. They may speak without witnesses to transferred persons, and to any other person considered relevant by the EU or by EUFOR RCA, through an interpreter if necessary.

4.   Such representatives shall be given complete freedom regarding their choice of places and premises to visit. The duration and frequency of their visits shall not be restricted. They shall be not be forbidden access, except on grounds of imperative military necessity and then only on an exceptional and temporary basis.

5.   In the event of subsequent transfer to any third party, the CAR shall guarantee that the EU has a right of unrestricted access to the persons so transferred.

6.   The CAR shall keep a register in which it records all information concerning each transferred person. Such information shall include the person's identity, the date of the start of detention following the transfer or, if applicable, of his or her release, the place of detention, the person's state of health and any decision taken with respect to him or her.

7.   That register may be consulted by the representatives of the EU or EUFOR RCA upon their request.

Article 6

1.   The ICRC, or any other impartial humanitarian organisation mutually approved by the Parties, shall have a permanent right of access to the transferred persons.

2.   Transferred persons may submit requests or complaints regarding the way they are treated to the ICRC and, if applicable, to any other organisation referred to in paragraph 1.

3.   The register referred to in Article 5(6) may be consulted by the ICRC or, if applicable, by any other organisation referred to in paragraph 1.

4.   The ICRC and, if applicable, any other organisation referred to in paragraph 1, shall be authorised to visit any premises containing transferred persons. They shall have access to all premises used by transferred persons. They shall also be authorised to visit places of detention, departure, transit or arrival of transferred persons. They may speak without witnesses, and through an interpreter if necessary, to transferred persons and to any other person considered relevant by the CAR or EUFOR RCA.

5.   Representatives of those organisations shall be given complete freedom regarding their choice of places to visit. The duration and frequency of their visits shall not be restricted. They shall be not be forbidden access, except on grounds of imperative military necessity and then only on an exceptional and temporary basis.

6.   The ICRC and, if applicable, any other organisation referred to in paragraph 1, shall be notified by the CAR of the release of any transferred person.

International Criminal Court

Article 7

EUFOR RCA may transfer to the International Criminal Court persons detained by EUFOR RCA in respect of whom the International Criminal Court has issued a warrant of arrest pursuant to Article 58 of its Statute. EUFOR RCA shall inform the CAR of each transfer in advance.

Final Provisions

Article 8

The competent authorities of the CAR and the Commander of EUFOR RCA may conclude arrangements in order to implement this Agreement.

Article 9

Any disputes concerning the interpretation or application of this Agreement shall be settled through consultation between the Parties.

Article 10

1.   This Agreement shall enter into force on the date it is signed and shall remain in force until the end of EUFOR RCA's deployment, unless the Parties agree to end it by mutual agreement or one of them renounces it in writing with one month's notice.

2.   The Parties may, at any time and by mutual agreement, make written amendments to this Agreement.

3.   The expiry or the termination of this Agreement shall not affect the rights and obligations resulting from the implementation of the Agreement prior to that expiry or termination, in particular as regards the obligations of the Parties concerning the treatment of the transferred persons and the permanent right of access to them.

---