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The Senate and Chamber of Deputies of the Argentine Nation Gathered in Congress, etc. forcefully sanctioned by Law:
ARTICLE 1 Approve the TREATY ENTRE THE ARGENTIN REPUBLIC AND THE REPUBLIC OF COSTA RICA ON EXECUTION OF PENRAL SENTENCES, signed in Buenos Aires on 15 August 2001, which consists of DIECIOCHO (18) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 26 FEB 2003.
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THE ARGENTINA REPUBLIC
THE REPUBLIC OF COSTA RICA
ON EXECUTION OF PENRAL SENTENCES
The Argentine Republic and the Republic of Costa Rica, to whom it will be called "The Parties";
DESEANDO promotes mutual cooperation in the enforcement of criminal sentences;
ESTIMATE that the object of the re-adaptation of persons sentenced in their incorporation into social life, after they have acquired good conduct and carried out activities of diverse nature in rehabilitation centres, which allow them to act in a consequent manner in the environment of our countries;
CONSIDERING that in order to achieve this objective it is appropriate to give nationals who are deprived of their liberty abroad or on conditional release, suspended sentences or other forms of supervision without arrest as a result of the commission of a crime, the possibility of serving the sentence within their country, since through family approach and the possibility of living according to the customs of their country, their social reintegration is fostered;
They agreed to the following:
ARTICLE I
DEFINITIONS
For the purposes of this Treaty, it is understood that:
(a) "State of Judgement" is the State party whose judicial authority imposed the sentence and of which the sentenced person must be transferred.
b) "Receptor State" is the State Party to which the sentenced person must be transferred.
(c) "Sentence" is the final judicial decision imposed on a person, as a result of the commission of a crime, the deprivation of liberty or restriction thereof, whether the latter consists of a conditional release regime, a suspended sentence or other forms of supervision without arrest. It is understood that a sentence is final when a legal remedy is pending against it in the Judiciary State and that the term for filing such a remedy has expired, except the remedy for review.
(d) " Sentenced person" is the person in the territory of one of the States Parties serving a sentence in the terms of the preceding subparagraph.
ARTICLE II
ALCANCE
1. Sentences imposed in the Argentine Republic on Costa Rican nationals may be carried out in criminal establishments of Costa Rica or under the supervision of its authorities, in accordance with the provisions of this Treaty.
2. Sanctions imposed in Costa Rica on nationals of the Argentine Republic may be carried out in criminal establishments of that country or under the supervision of its authorities, in accordance with the provisions of this Treaty.
ARTICLE III
COORDINARY AUTHORITY
In order to ensure proper compliance with the enforcement of criminal sentences between the Parties, the Argentine Republic designates the Ministry of Justice and Human Rights and Costa Rica as such the judiciary, in the head of the Pena Execution Judge. It is well established that any communication will be carried out through diplomatic channels.
ARTICLE IV
CONDITIONS FOR THE IMPLEMENTATION
This Treaty shall apply only under the following conditions:
1. That acts or omissions that have resulted in the criminal sentence are also punishable in the Receptor State, even if there is no identity in the criminalization.
2. May the sentenced person be a national of the Receptor State. At the time of the submission of the request for transfer, the sentenced person shall, with public documents, establish his status as a national of the Receptor State.
3. That the offence for which the person is sentenced is not political or military in the Receptor State.
4. That the sentence imposed on the sentenced person may be fulfilled or executed in the Receptor State.
5. That the sentence by which the penalty was imposed is firmly established and that there is no legal cause that prevents the departure of the sentenced person from the national territory. It shall be understood that there is a firm and definitive judgement in the terms set out in Article I, Subparagraph (c) of this Treaty. It is an impediment to authorizing the transfer, the request for extradition made by a third State, which is in progress or has been agreed upon.
6. That the situation of the sentenced person is not aggravated by the transfer.
7. That the remaining part of the sentence at the time of application is over six months.
8. That the penalty for serving the sentenced person shall be fixed in the sentence of not more than 50 years.
9. That the application of the sentence is not contrary to the domestic legal order of the Receptor State.
10. That the sentenced person expressly grant his or her consent to the transfer, with legal assistance and to the corresponding consular authorities, having been previously informed of the legal consequences thereof.
11. That the sentence to be served is not the death penalty, nor life imprisonment, nor can it be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
12. That the sentenced person has complied with the payment of fines, costs, civil reparations to the extent that it has been possible or, if any, that guarantees his payment to the satisfaction of the sentencing State.
ARTICLE V
SUMINISTER OF INFORMATION
1. The competent authorities shall inform any national sentenced person of the other Party about the existence of the Treaty, the possibility it affords the application of the Treaty and the legal consequences arising from its transfer. This information may also be provided to the person sentenced by the consular agents of his country.
2. The Parties shall keep the sentenced person informed of the process of their transfer, as well as of decisions taken by any Party regarding their request for transfer. To that end, the Parties shall provide the coordinating authorities with the information they request.
ARTICLE VI
CONSENTENCE OF THE PERSON.
1. The transfer of the sentenced person to the Receptor State shall only proceed at the express will of the same person, expressed in writing with legal assistance and with the corresponding consular authorities, for which he may contact the competent authority of the Judiciary State, to request the preparation of the priors and studies of the sentenced person.
2. Nothing in this Treaty will prevent a sentenced person from filing a request for transfer to the sentencing State or to the receiving State.
ARTICLE VII
PREVIOUS PROCEDURES TO THE
1. It is discretionary power of the sentencing State to authorize the transfer and will also be discretionary power of the Receptor State to accept it.
2. Before the transfer takes place, the Sentencer State shall permit the Receptor State to verify, if desired, through the corresponding consular officer that the sentenced person has given his or her consent with full knowledge of the legal consequences thereof.
3. In making the decision regarding the transfer of a sentenced person, Parties may consider, among other factors, the possibility of contributing to their social rehabilitation the seriousness of the offence; their criminal record; their health status and the family, social or other links that they have in both Parties.
4. If the sentenced person requests his transfer to the coordinating authority of the sentencing State and considers it appropriate, he shall transmit a request in this regard through diplomatic channels to the authority of the Receptor State.
5. If the authority of the Receptor State accepts the request, it shall promptly notify the sentencing State and initiate the necessary procedures for the transfer of the sentenced person. If you do not accept it, you will promptly inform the authority of the sentencing State.
6. If the sentenced person requests his or her transfer to the coordinating authority of the Receptor State, he or she may request the coordinating authority of the sentencing State to prepare the relevant background and studies of the same.
7. If the Sentencer State considers the request for the transfer of the sentenced person to be appropriate, it shall communicate this resolution to the Receptor State so that, in accordance with the internal formalities, the surrender to the sentenced person is made.
8. The sentencing State shall, if requested by the Receptor State, certify that the sentenced person knows the legal consequences of the transfer and freely grants his or her consent to be carried out.
ARTICLE VIII
BLACK TO TRAVEL
I. When the sentencing State fails to approve the transfer of a sentenced person, it shall immediately notify the Receptor State by explaining the reason for its refusal, if it deems appropriate. When the conditions that were based on the refusal to transfer are amended, any Party may request the transfer of the sentenced person again.
2. If, after serving his sentence, the sentenced person transferred is reinstated in the commission of an offence in the territory of the Sentencer State, the latter may deny any request for the transfer of the sentenced person made by the Receptor State or by the same sentenced person.
ARTICLE IX
JUSTIFFICATION DOCUMENT
1. The Receptor State shall accompany the request for transfer:
(a) A document that proves that the sentenced person is a national of that State;
(b) A certified copy of the legal provisions resulting in acts or omissions that have resulted in conviction also constitute an offence in the Receptor State;
(c) Information on the relevant factors and the likelihood that the transfer will contribute to the social integration of the transfer, taking into account aspects such as age, links of residence in the territory, family relations or other reasons, in the Receptor State; and
(d) Approximate information on how the sentence will be served in the Receptor State, especially regarding the modality and time.
2. The Sentencer State shall accompany its request for transfer:
(a) a certified copy of the judgement, stating that it is firm and the time of conviction that the sentenced person is discontinued;
(b) a certified copy of the applicable legal provisions;
(c) the indication of the length of the sentence and the time already completed;
(d) a document containing the consent of the person sentenced for transfer; and
(e) Information on the nature and seriousness of the offence, the criminal record of the sentenced person, the health conditions of the sentenced person and any additional information that may be useful to the authorities of the Receptor State.
3. Any Party may, before making a request for transfer, request the other Party for the documents and information referred to in paragraphs 1 and 2 of this Article.
ARTICLE X
TREATY AND TREATY
1. Approved the transfer, the Parties shall agree on the place and date of the surrender of the sentenced person and how it will be effective. The Receptor State shall be responsible for the custody and transportation of the sentenced person from the time of delivery.
2. All expenses related to the transfer of the sentenced person until the surrender to his custody to the Receptor State shall be borne by the sentencing State.
3. The sentencing State shall not be entitled to any reimbursement for the expenses incurred in the discharge of the sentence of the sentenced person.
4. The Receptor State shall bear both the costs of transfer, from the time the sentenced person is held in custody, and the costs of the execution of the sentence without the right to any subsequent reimbursement.
ARTICLE XI
JURISDICTION OF THE SENTENCING STATE
1. The Sentencer State shall maintain exclusive jurisdiction with reference to the judgement imposed and any other procedure involving the review, modification or cancellation of the judgements rendered by its courts of law.
2. The sentencing State shall also retain the power to grant pardons, amnesty or grace to the sentenced person.
3. The Receptor State shall, upon receipt of notification of any decision in this respect, immediately implement the corresponding measures.
ARTICLE XII
JURISDICTION OF THE RECEPTOR STATE
1. The enforcement of the sentence of a sentenced person shall be subject to the laws of the Receptor State, including the application of any provision concerning the reduction of the period of imprisonment by means of probation, probation or any other alternative form to imprisonment.
2. No prison sentence shall be executed by the Receptor State, so that it extends its duration beyond the date on which it would be fulfilled, in accordance with the terms of the sentence itself.
3. The coordinating authorities of the Parties shall exchange reports every six months on the execution of sentences of all persons transferred under this Treaty, including in particular those relating to benefits granted to the sentenced person in accordance with the domestic legislation of each Party. The Parties may at all times request a special report on the execution of a judgement in a particular case.
4. A sentenced person for the execution of a sentence pursuant to this Treaty shall not be detained, prosecuted or sentenced in the Receptor State for the same act that prompted the sentence to be executed, nor shall the penalty be converted into a pecuniary sanction. The person transferred may also not be detained, prosecuted or sentenced for any other offence committed prior to the transfer, unless he or she attends extradition proceedings. The Receptor State shall not execute criminal proceedings against the person sentenced for any offence in respect of which the exercise of criminal proceedings would not be possible, in accordance with the laws of that State.
5. Anyone who has been transferred pursuant to this Treaty shall not affect his or her civil rights in the Receptor State beyond what may affect it, in accordance with the laws of the Receptor State for the very fact that he or she has been convicted in the Sentencer State.
ARTICLE XIII
IMPLEMENTATION OF THE TREATY IN SPECIAL CASES
1. - This Treaty may also apply to:
(a) minors subject to monitoring or other measures imposed in accordance with the laws of the sentencing State, provided that the desirability of the transfer to the purposes of rehabilitation is demonstrated; and
(b) Persons declared uninputable for treatment in the Receptor State. The Parties shall, in accordance with their domestic law, agree on the type of treatment to which such persons shall be subjected.
2. The transfer shall obtain the consent of who is legally entitled to grant it.
3. No provision of this Treaty shall be construed as limiting the power that the Parties may have to grant or deny the transfer of the sentenced person.
ARTICLE XIV
FALSIFICATION OF DOCUMENTS
In the event that a sentenced person has used false documentation from a national of the Receptor State, in order to obtain the transfer to the territory of one of the Parties, the coordinating authority of that State shall make the necessary adjustments for the sentenced person to return to the sentencing State and to complete his sentence in accordance with the sentence imposed on him, subject to the legal consequences arising from his conduct.
ARTICLE XV
TRANSITIONAL
If the sentenced person, when transferred, had to go through the territory of a third State, he must be notified by sending the resolution granting the transfer by the State in whose custody it would be carried out. In such cases, the State of transit may or may not grant its consent to the passage of the person sentenced by its territory.
ARTICLE XVI
IMPLEMENTATION TO THE INTERNATIONAL LAW
The Parties undertake to take the necessary legislative measures and establish appropriate administrative procedures for the fulfilment of the purposes of this Treaty.
ARTICLE XVII
IMPLEMENTATION
This Treaty shall apply to the enforcement of sentences handed down prior to or after its entry into force, provided that it favours the sentenced person.
ARTICLE XVIII
FINAL PROVISIONS
The present treaty shall be ratified and shall enter into force on the date of the exchange of the respective instruments of ratification.
This Treaty shall have an indefinite duration and any Party may denounce it by written notification through diplomatic channels. The complaint shall be effective sixty days after such notification has been made.
Made in the city of Buenos Aires, Argentina, on August 15, 2001, in two original copies, in Spanish, both of which are equally authentic.
