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Posted the: 2016-03-02 Numac: 2013015116 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 14, 2013. -Law concerning consent to the agreement between the Kingdom of Belgium and the Republic of Albania on the transfer of sentenced persons, signed in Brussels on July 29, 2010, (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement between the Kingdom of Belgium and the Republic of Albania on the transfer of sentenced persons, signed at Brussels on 29 July 2010, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 14, 2013.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2012-2013.
Documents: Bill filed November 20, 2012, no. 5 - 1845/1.
Report, no. 5-1845/2.
Parliamentary Annals Discussion, meeting of January 24, 2013.
Vote, meeting of January 24, 2013.
Room Documents draft transmitted by the Senate, no. 53-2616/1.
Report on behalf of the Committee No. 53-2616/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2616/3.
Parliamentary Annals Discussion, meeting of March 7, 2013.
Vote, meeting of March 7, 2013.
(2) date of entry into force: 01/12/2013.
Agreement between the Kingdom of Belgium and the Republic of Albania on the transfer of sentenced persons the Kingdom of Belgium and the Republic of Albania concerned to promote relations of friendship and cooperation between the two States, and in particular to strengthen legal cooperation between them, eager to settle by common accord questions relating to the transfer of persons sentenced in respect for the fundamental principles of human rights universally recognized Willing to allow convicts their sentence of deprivation of liberty in the country of which they are nationals in order to facilitate their social reintegration, determined in this spirit, to agree mutually, in addition to the rules and conditions laid down by the European Convention on the transfer of sentenced persons, signed at Strasbourg on 21 March 1983, the widest in cooperation concerning the transfer of persons sentenced to deprivation of liberty , Have agreed upon the following provisions: Article 1 General provision the terms and expressions used in this agreement should be interpreted within the meaning of the European Convention on the transfer of sentenced persons, signed at Strasbourg on 21 March 1983.
Article 2 persons sentenced a measure of expulsion or deportation 1. On request of the sentencing State, the executing State may, subject to the application of the provisions of this article, consent to the transfer of a person without the consent of the latter when the conviction against thereof, or an administrative decision taken as a result of this conviction, have a deportation or deportation or any other measure under which that person Once released, will no longer be permitted to reside in the territory of the sentencing State.
2. the executing State gives its agreement for the purposes of paragraph 1 that after having taken into account the opinion of the sentenced person.
3. for the purposes of the application of this article, the sentencing State provides to the executing State: a) a declaration containing the opinion of the sentenced person in regards to the proposed transfer, and b) a copy of the measure of expulsion or deportation to the border or any other measure under which the person sentenced, once released will no longer be permitted to reside in the territory of the sentencing State.
4. any person who has been transferred under this section is continued, deemed to be, owned for the execution of a sentence or a security measure or subjected to any other restriction of his personal liberty, for a made any prior to the transfer, other than that which motivated the enforceable sentence, except in the following cases: has) where authorized by the sentencing State
: an application to this effect, accompanied by the relevant documents and a judicial report recording the statements of the person convicted; This permission is given when the offence for which it is requested would itself entail extradition pursuant to the laws of the sentencing State, or when extradition would be excluded only for the amount of the penalty;
(b) when, having had the opportunity to do so, the convicted person has not left, within 45 days following its final expansion, the territory of the executing State, or has returned after having left.
5. Notwithstanding the provisions of paragraph 4 of this article, the executing State may take the necessary measures in accordance with its legislation, including the use of a default procedure to an interruption of the limitation period.
Article 3 Application in time the agreement will be applicable to the enforcement of sentences, either before or after its entry into force.
Article 4 final provisions 1.
Each Contracting Party shall notify to the other the completion of the procedures required by its Constitution for the entry into force of this agreement. It will take effect the first day of the second month following the date of the later of these notifications.
2. this agreement is concluded for an unlimited period.
3. each of the contracting parties may at any time denounce this agreement. The denunciation shall take effect one year after the date of receipt of notification by the other Contracting Party.
In witness whereof, the representatives of the two States, authorized thereto, have signed the present agreement and have affixed thereto their seals.
Done at Brussels, on July 29, 2010, in duplicate, in the languages Dutch, French, Albanian and English, the four texts being equally authentic. The English text shall prevail in case of conflict of interpretation.
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