Posted the: 2011-04-21 Numac: 2009015034 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 12 February 2009. -Act on assent to the additional protocol, signed in Rabat on 19 March 2007, to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on assistance to detained persons and the transfer of sentenced persons, signed at Brussels on 7 July 1997 (1) (2) ALBERT II, King of the Belgians, has 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 Protocol, signed in Rabat on 19 March 2007 to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on assistance to detained persons and the transfer of sentenced persons, signed at Brussels on 7 July 1997, 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 in Brussels, February 12, 2009.
ALBERT by the King: Foreign Minister K. DE GUCHT. the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) Session 2007 - 2008 and 2008-2009.
Documents. -Bill tabled on October 3, 2008, no. 4 - 940/1. -Report, n ° 4-940/2.
Parliamentary Annals. -Discussion and vote: meeting of December 4, 2008.
-Draft transmitted by the Senate, no. 52-1649/1. -Text adopted in plenary and subject to Royal assent, session No. 52-1649/2.
Parliamentary Annals. -Discussion and vote: meeting of January 29, 2009.
(2) this Protocol enters into force may 1, 2011, in accordance with article 2.
Additional Protocol to the Convention between the Kingdom of Belgium and the Kingdom of Morocco on assistance to detained persons and the transfer of sentenced persons, signed at Brussels on 7 July 1997 preamble concerned to promote relations of friendship and cooperation between the two States, and in particular to strengthen cooperation between them, eager to settle by common accord questions relating to the transfer of persons sentenced in respect for the fundamental principles of the rights of the man universally recognised as being willing to allow the convicts to serve their custodial sentence in the country of which they are nationals, in order to facilitate their social reintegration, determined in this spirit, to grant each other, according to the rules and under the conditions laid down by this convention, the widest cooperation in terms of both assistance to detained persons that the transfer of persons sentenced to deprivation of liberty, have agreed the following provisions: Article 1 the Convention between the Kingdom of Belgium and the Kingdom of Morocco on assistance to detained persons and the transfer of 7 July 1997 convicted persons is complemented by article 5bis: § 1. If the convicted person is also the subject of a deportation order, delivery to the border or any other measure under which that person, once released, will longer be permitted to stay on the territory of the sentencing State, the convicted person will be as soon as possible, transferred without his consent to the executing State.
The abovementioned measures must emanate from a competent authority and be definitive in that the convict has exhausted all the precedent decision and domestic remedies.
§ 2. The decision does not apply to the condemned:-born in the sentencing State or who installed at an age not more than 12 years and has lived there since;
-benefiting from refugee status;
-having stayed continuously in the territory of the State of conviction for five years;
-before carrying the expulsion decision in the sentencing State a parental authority in his capacity of father, mother, legal guardian towards at least a child staying in usual manner in the sentencing State;
-meet all the conditions to grant the nationality of the sentencing State;
-linked to a citizen or citizen of the State of conviction by an act of marriage before the expulsion decision.
-whose father or mother resides habitually and consistently in the sentencing State;
-who, during a usual stay in the sentencing State, was victim of an accident at work or an occupational disease and who enjoys a life annuity of the sentencing State;
-which, during a usual stay in the sentencing State is suffering from a serious illness or whose support can be done in the executing State.
In all cases, the sentencing State may refuse such transfers when, in his opinion, the convicted person was habitually resident on its territory during his arrest.
3. The sentencing State shall however seek the opinion of the sentenced person and takes this into account in its decision.
§ 4. The executing State shall without delay and without further formalities on the transfer and in collaboration with the State of conviction without delay take the measures to ensure the transfer, except when one of the mandatory grounds for refusal listed in § 2 of this article and article 6 application, or if one of the conditions referred to in article 5a), b), c) and (e)) is not met.
Without prejudice to the provisions of paragraph 1, where one of the Parties in form if necessary, the executing State and the sentencing State shall consult within a reasonable time on the situation of persons who may be subject to a transfer without their consent as well as their number.
§ 5. If the executing State to rely on one of the optional grounds for refusal set out in article 7, he confers with the sentencing State and requests it, where appropriate, to submit without delay the necessary complementary data.
6. Transfer application contains, in derogation from article 18 in fine, a document containing the opinion of the sentenced person § 7. Without prejudice to article 19, the transfer application also includes a document or a statement it appears that the convicted person is the subject of a deportation order, delivery at the border or any other measure under which this person, once released, will no longer be permitted to reside within the territory of the sentencing State.
8. By derogation from article 23, the sentencing State bear the costs of the transfer which occurs without the consent of the sentenced person.
§ 9. This transfer process does not apply to convicted persons covered by article 5 (d)).
Article 2 final provisions § 1. Each Contracting Party shall notify the other party the completion of the procedures required by its Constitution for the entry into force of this additional protocol. It will take effect the first day of the second month following the date of the later of these notifications.
§ 2. This additional Protocol shall be concluded for an unlimited period.
3. Each of the contracting parties may at any time denounce and this 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 Protocol and have thereto affixed their seals.
Done at Rabat, March 19, 2007, in double copies, Dutch, Arabic and French languages, the three texts being equally authentic.