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Law On Assent To The Additional Protocol To The Convention On The Transfer Of Sentenced Persons, Done At Strasbourg On 18 December 1997 (1)

Original Language Title: Loi portant assentiment au Protocole additionnel à la Convention sur le transfèrement des personnes condamnées, fait à Strasbourg le 18 décembre 1997 (1)

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26 AVRIL 2005. - Act enacting the Additional Protocol to the Convention on the Transfer of Convicted Persons, done in Strasbourg on 18 December 1997 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Additional Protocol to the Convention on the Transfer of Convicted Persons, done at Strasbourg on 18 December 1997, will come out of its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 April 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 19 January 2005, No. 3-990/1. - Report made on behalf of the commission, No. 3-990/2.
Annales parliamentarians. - Discussion and voting. Session of March 3, 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1650/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1650/2.
Annales parliamentarians. - Discussion and voting. Session of March 17, 2005.

Additional Protocol to the Convention on the Transfer of Convicted Persons of 18 December 1997
Preamble
Member States of the Council of Europe, and other States signatories to this Protocol,
Desiring to facilitate the implementation of the Convention on the Transfer of Convicted Persons, which was opened for signature in Strasbourg on 21 March 1983 (hereinafter referred to as the "Convention") and, in particular, to pursue its stated objectives to serve the interests of good administration of justice and to promote the social reintegration of convicted persons;
Recognizing that many States cannot extradite their own nationals;
Considering that it is also desirable to supplement the Convention in certain respects,
The following agreed:
Article 1er. General provisions.
1. The terms and expressions used in this Protocol shall be interpreted within the meaning of the Convention.
2. The provisions of the Convention shall apply to the extent that they are compatible with the provisions of this Protocol.
Art. 2. People escaped from the state of condemnation.
1. When a national of a Party, who has been the subject of a final conviction on the territory of another Party, aims to avoid the execution or prosecution of the execution of the conviction in the State of Convict, by taking refuge in the territory of the first Party before having completed the conviction, the State of Convict may apply to the first Party a request that the enforcement of the sentence be carried out.
2. At the request of the requesting Party, the requested Party may, prior to receipt of the evidence in support of the request or pending the decision on that request, make the arrest of the sentenced person or take any other measures to ensure that the requested Party remains in its territory pending a decision on the request. Any such request shall be accompanied by the information mentioned in § 3 of Article 4 of the Convention. The arrest of the convicted person cannot lead to an aggravation of his or her criminal situation.
3. The transfer of execution does not require the consent of the convicted person.
Art. 3. Convicted persons with deportation or deportation on the border.
1. At the request of the sentencing State, the enforcement State may, subject to the application of the provisions of this article, give its consent to the transfer of a convicted person without the consent of the sentenced person, where the sentence imposed against him or her, or an administrative decision taken after that sentence, shall include a measure of expulsion or deportation to the border or any other measure under which that person,
2. The Implementing State shall not give its agreement for the purposes of paragraph 1er that after taking into consideration the notice of the convicted person.
3. For the purposes of the application of this article, the State of Conviction provides to the enforcement State:
(a) a statement containing the notice of the sentenced person in respect of his or her proposed transfer, and
(b) a copy of the expulsion or deportation measure at the border or any other measure under which the sentenced person, once released, shall no longer be allowed to stay in the territory of the sentencing State.
4. Any person who has been transferred pursuant to this section shall not be prosecuted, tried or detained for the execution of a sentence or security measure or subject to any other restriction of his or her personal liberty, for any act prior to the transfer, other than the person who has reasoned the enforceable sentence, except in the following cases:
(a) where the State of Convict authorizes it: an application shall be submitted to that effect, together with the relevant documents and a judicial record containing the statements of the convicted person; such authorization shall be given where the offence for which it is requested would itself entail extradition under the law of the sentencing State, or where extradition would be excluded solely on the basis of the amount of the sentence;
(b) where, having had the opportunity to do so, the convicted person did not leave, within 45 days of its final enlargement, the territory of the enforcement State, or if returned to it after leaving it.
5. Notwithstanding the provisions of paragraph 4 of this article, the State of enforcement may take the necessary measures in accordance with its legislation, including the use of a default procedure, for an interruption of the limitation.
6. Any Contracting State may, by a declaration addressed to the Secretary-General of the Council of Europe, state that it shall not take charge of the execution of convictions under the conditions set out in this Article.
Art. 4. Signature and entry into force.
1. This Protocol is open for signature by the States members of the Council of Europe and other States signatories to the Convention. It will be subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol without having previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
2. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the third instrument of ratification, acceptance or approval.
3. For any signatory State that subsequently deposits its instrument of ratification, acceptance or approval, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit.
Art. 5. Accession.
1. Any non-member State which has acceded to the Convention may accede to this Protocol after its entry into force.
2. For any acceding State, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession.
Art. 6. Territorial application.
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Protocol shall apply.
2. Any Contracting State may, at any other time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Protocol to any other territory designated in the declaration. The Protocol shall enter into force for that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Art. 7. Application in time.
This Protocol shall be applicable to the execution of convictions pronounced either before or after its entry into force.
Art. 8. Denunciation.
1. Any Contracting State may at any time denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
3. However, this Protocol will continue to apply to the enforcement of sentences of persons transferred in accordance with the provisions of the Convention or this Protocol before the denunciation takes effect.
4. The denunciation of the Convention shall entail the denunciation of this Protocol.
Art. 9. Notifications.
The Secretary General of the Council of Europe shall notify the States members of the Council of Europe, any Signatories, any Party and any other State that has been invited to accede to the Convention:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any effective date of this Protocol in accordance with Articles 4 and 5;
(d) any other act, declaration, notification or communication relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg, 18 December 1997, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each member State of the Council of Europe, to the other signatory States of the Convention and to any State invited to accede to the Convention.
For the consultation of the table, see image

DECLARATION OF THE BELGIUM ROYAL on the basis of Article 2 of the Additional Protocol to the Convention on the Transfer of Convicted Persons, done at Strasbourg on 18 December 1997.
"The Belgian Government declares the following:
Belgium undertakes not to enforce Article 3 of the Protocol, where the convicted person usually resides in the territory of the Kingdom during his arrest. "