DECREE NO. 4,443, OF October 28, 2002

Promulga the Treaty on Transfer of Condensed Persons and of Minors under Special Treatment between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay, celebrated in Brasilia, on February 10, 2000.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso VIII, of the Constitution,

Considering that the Government of the Federative Republic of the Brazil and the Government of the Republic of Paraguay celebrated, in Brasilia, on February 10, 2000, a Treaty on the Transfer of Condensed People and of Minors under Special Treatment;

Whereas the National Congress passed this Agreement through the Legislative Decree No. 94, May 22 of 2002;

Considering that the Agreement entered into force on October 9, 2002, pursuant to the paragraph 1º of your article 13;

D E C R E T A:

Art. 1º The Treaty on the Transfer of Condensed People and Minors under Special Treatment between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay, concluded in Brasilia, on February 10, 2002, apenso by copy to present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º shall be subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments which, pursuant to art. 49, inciso I, of the Federal Constitution, carries charges or gravy commitments to the national heritage.

Art. 3º This Decree comes into effect on the date of its publication.

Brasilia, October 28, 2002; 181º of Independence and 114º of the Republic

FERNANDO HENRIQUE CARDOSO

Celso Lafer

TREATY ON TRANSFER OF CONVICTED PERSONS AND MINORS UNDER SPECIAL TREATMENT BETWEEN THE GOVERNMENT OF THE FEDERATED REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY

The Government of the Federative Republic of Brazil

e

The Government of the Republic of Paraguay

(henceforth named?)

Wishes to promote the social rehabilitation of inmates allowing them to fulfill their sentences in the country of which they are national,

Wake up the following:

ARTICLE 1

1. The holding penalties imposed on nationals of the Federative Republic of Brazil in the Republic of Paraguay may be fulfilled by the provisions of this Treaty.

2. The holding penalties imposed on nationals of the Republic of Paraguay in the Federative Republic of Brazil may be complied with by the provisions of this Treaty.

ARTICLE 2

For purposes of this Treaty it is understood that:

a)?State Sender? is the state from which the inmate, who is serving a deprivative sentence of freedom, could be transferred to his country of origin;

b)?Receiver State? is the state from which the inmate is national and where it can be received for the fulfillment of the remainder of the penalty;

c)?National?, in the case of the Federative Republic of Brazil, as defined by its Constitution, a Brazilian;

d)?National?, in the case of the Republic of Paraguay, every person of Paraguayan nationality, natural or naturalized, as per the provisions of the Constitution of the Republic of Paraguay;

e)?Arrested? is that person who is serving in the State senders a definitive sentence, carried on trial and exeequity-free, sentencing to a custotic sentence of liberty;

f)?Minors under special treatment? are those underage ones who find themselves fulfilling the deprivative measure of liberty imposed by definitive judicial decision, by the practice of an offence; and

g)?Sentence? is the decision or resolution dictated by a judicial body that imposes a penalty with which a criminal case is concluded.

ARTICLE 3

A application of this Treaty shall be subject to the following conditions:

a) that the Offence for which the penalty is imposed constitutes also an offence in the receiving State;

b) that the inmate is a national of the receiving State. The quality of national will be considered at the time of the request of the transfer;

c) that the portion of the sentence that remains to be complied with, at the time of effecting the solicitation referred to in paragraph 5 of Article 5, shall be greater than twelve (12) months, save for exceptional reasons;

d) that the sentence is final and transitioned on trial, i.e. that it is not pending legal recourse in the Sender state, included the extraordinary appeal procedures or review;

e) that the inmate or, in the case of minors or the mentally handicapped, the respective legal representative, if one of the States considers it necessary, consents to the transfer;

f) that the inmate has complied with or guaranteed the payment, in a satisfactory manner to the sender State, das fines, expenses for justice, civil redress and financial penalties of any nature that run at their expense as per the provisions of the sentence and that it is not tramping on demand for damages in civil jurisdiction. It is exceeded the inmate who duly substantiates his absolute insolvency.

ARTICLE 4

Will be central authorities for the application of this Treaty:

a) By the Government of the Federative Republic of Brazil, the Ministry of Justice;

b) By the Government of the Republic of Paraguay, the Ministry of Justice and Labor.

ARTICLE 5

1. The competent authorities of the Parties shall inform the entire national inmate of the other Party about the possibility offered by this Treaty and on the legal consequences deriving from its transfer.

2. Transfers of the inmates under this Treaty shall be effected on the initiative of the sender State or the receiving State and, in the two cases, the request for transfer shall be made by the diplomatic route. No provision of this Treaty should be construed as an impediment for an inmate to submit application for transfer to the sender State.

3. If an inmate requests the transfer and the sender state approves it, the sender State should transmit the application to the receiving State, by diplomatic way.

4. The receiving State shall have absolute discretion to authorize or denigrate the transfer requested by the sender State.

5. To decide on the transfer, the receiving state will assess the offence by which the inmate has been convicted, the criminal background, his state of health, the links that the inmate holds with the state society receiver and all the circumstances that could be considered as positive factors to promote the social rehabilitation of the inmate.

6. If the receiving State approves the application, it should notify the State sender of its decision and take the necessary steps to effecting the transfer; otherwise, it should inform without delay, by diplomatic means, the sender State of your refusal.

7. The will of the inmate to be transferred should be manifested expressly in writing. If the receiving State approves the transfer, the sender State should give the receiving State the opportunity, if the latter so wishes, to substantiate, before the transfer, the voluntary consent of the inmate and if the same knows the legal consequences that arise from such a transfer.

8. If the inmate requests you, you can communicate with the Consul of your country, who in turn will be able to contact the competent authority of the state sender to request to be prepared the documents regarding the detainer.

9. The sender State should submit a statement to the receiving State in which the offence for which the inmate has been condemned, the duration of the penalty and the time already served, pointing out, including, the entire period of prior detention, is given. The statement will contain, still, a detailed exposition of the detainee's behavior during his detention, for purposes of determining whether the same can enjoy the benefits provided for in the state's law-payer legislation. The sender State should also submit to the receiving State a certified copy of the sentence handed down by the competent Judicial Authority, certifying that it is authentic, along with any modifications introduced in it. It should also provide any other information that can help the receiving state to determine the most convenient treatment of the inmate with the aim of promoting their social rehabilitation. The previously cited papers should be drawn up or translated into the language of the receiving state.

10. The receiving State may request further information if it considers that the documents provided by the sender State do not allow it to comply with the provisions of this Treaty and shall inform the State sender of the procedure of the implementation which will follow.

ARTICLE 6

1. The sender State should transfer the inmate to the receiving State at the agreed place between the Parties. The receiving State will be responsible for the custody and transportation of the inmate to the penitentiary or the place where he / she is expected to serve the penalty.

2. At the time of delivery of the inmate, the sender State shall provide the police officers in charge of the same an authentic certificate, intended for the authorities of the receiving State, in which they build, updated to the date of delivery, the effective time of arrest of the inmate and the time deducted in function of penitentiary benefits, if they exist, as well as a photocopy of the penal and penitentiary expedient, which serves as a starting point for the further performance of the sentence.

3. The receiving State shall be liable for all expenses related to the inmate from the time this pass to his / her custody.

4. In the execution of the penalty of an inmate who has been transferred, the legislation and procedures of the receiving State shall be observed. The sender State will be able to grant pardon, amnesty or commutation of penalty as per its Constitution or other applicable legal provisions. Notwithstanding, the receiving State will be able to request from the State sender the granting of indulgence or commutation, upon reasoned petition to which it will be examined with benevolence.

5. The penalty imposed by the sender State may not be increased or prolonged by the receiving State under any circumstances.

6. By request of the sender State, the receiving State shall report on the state of execution of the sentence of the detainee transferred, in accordance with this Treaty, including the one relating to his probation or the progression of carcerary regime.

ARTICLE 7

The sender State will have jurisdiction regarding all procedure, whatever its nature, which has by object nullify, modify or leave without effect the sentences dictated by its judges. Once the timely notification of the sender State is received, the receiving State should commit itself to carry out any modifications to the penalty.

ARTICLE 8

The inmate transferred will not be able again to be tried in the State receiver for the same offence which motivated the penalty imposed by the sender State.

ARTICLE 9

1. The present Treaty shall apply to minors under special treatment as per the legislation of the Parties.

2. The execution of the deprivative measure of freedom that applies to such minors will comply with the legislation of the receiving state.

3. For the transfer should the express consent of the legal representative of the minor be obtained.

4. If a national of a Party is serving a sentence imposed by the other Party on condition of conditional suspension of the penalty, parole regime or carcerary regime other than the closed, it may serve such a sentence under the surveillance of the authorities of the receiving state.

5. The judicial authority of the sender State shall request the surveillance measures which are of interest, by diplomatic way.

6. To the effects of this Article, the judicial authority of the receiving State shall be able to adopt the surveillance measures requested and shall keep informed the State sender about the manner in which they are complied with, communicating the noncompliance by the inmate of the assumed obligations, as well as the end of the surveillance period.

ARTICLE 10

The execution of the sentence and the treatment to be applied to the transferred person shall be governed by the laws of the State receiver, inclusive of conditions for granting or revocation of probation or carcerary regime change.

ARTICLE 11

None provision of this Treaty should be interpreted as limiting factor of the ability that may have the Parties, regardless of this Treaty, to outwit or accept the transfer of minor offenders or other inmates.

ARTICLE 12

This Treaty shall apply to the fulfilment of sentences rendered either before or after the date of its entry into force.

ARTICLE 13

1. The present Treaty shall enter into force 30 (thirty) days after the exchange of the instruments of ratification and shall have indefinite duration.

2. Any of the Parties may denounce this Treaty by means of notification written by diplomatic route. The complaint will have effect one hundred and eighty (180) days after the said notification has been effected.

3. In the event of denunciation of this Treaty its provisions shall remain in force with respect to the inmates who, in the amparo of them, have been transferred, up to the end of their respective penalties.

Done in Brasilia, on February 10, 2000, in two original copies, in the Portuguese and Spanish languages, being both the equally authentic texts.

BY THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL LUIZ FELIPE LAMPREIA Minister of Foreign Affairs

BY THE GOVERNMENT OF THE REPUBLIC OF PARAGUAY JOSÉ FÉLIX FERNÁNDEZ ESTIGARRIBIA Minister of Foreign Affairs