Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2005-497 of 19 May 2005 authorizing approval The Additional Protocol to the Convention on the Transfer of Sentenced Persons;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France;
Decree No. 85-1053 of 30 September 1985 on the publication of the Council of Europe on the transfer of sentenced persons, signed in Strasbourg on 21 March 1983,
Décrète:
The Additional Protocol to the Convention on the Transfer of Sentenced Persons, done in Strasbourg on 18 December 1977, will be published in the Official Journal of The French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for each Of this Decree, which shall be published in the Official Journal of the French Republic.
P R O T O C O L E A D D I T I O N N E L
TO THE CONVENTION
ON TRANSFER OF CONDEMNED PERSONS
Preamble
The member states of the Council of Europe, and the other signatory states of this Protocol,
Desirous of To facilitate the implementation of the Convention on the Transfer of Sentenced 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 of serving the interests of good administration of justice and promoting the social reintegration of convicted persons;
Conscious of the fact that many states cannot Extend their own nationals;
Considering that it is also desirable to supplement the Convention in certain respects,
have agreed as follows:
Article 1
General
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 insofar as they are compatible with the provisions of this Convention. Protocol.
Item 2
condemnation state persons
1. Where a national of a Party, who has been the subject of a final conviction in the territory of another Party, seeks to avoid the execution or prosecution of the execution of the conviction in the State of conviction, in Seeking refuge in the territory of the first Party before the conviction, the State of conviction may make a request to the first Party for the execution of the conviction.
2. At the request of the requesting Party, the requested Party may, before the receipt of the documents in support of the request, or pending the decision on that request, make the arrest of the convicted person, or take any other Measure to ensure that it remains in its territory pending a decision on the request. Any such request shall be accompanied by the information referred to in article 4, paragraph 3, of the Convention. The arrest of the convicted person cannot lead to an aggravation of his criminal situation.
3. The transfer of execution does not require the consent of the convicted person.
Article 3
Convicted persons subject to
or deportation to the border
1. On application by the State of conviction, the State of enforcement may, subject to the application of the provisions of that article, give its consent to the transfer of a convicted person without the consent of the convicted person Against that person, or an administrative decision taken as a result of that conviction, include a deportation or deportation order at the border or any other measure under which that person, once put into effect Freedom, will no longer be allowed to stay in the territory of the conviction state.
2. The implementing State shall give its consent for the purposes of paragraph 1 only after taking into consideration the opinion of the convicted
. For the purposes of applying this Article, the Sentencing State shall provide the executing State with:
(a) A declaration containing the notice of the convicted person with regard to his proposed transfer, and
(b) A copy of the deportation order Or of any other measure under which the convicted person, once released, will no longer be allowed to reside in the territory of the Sentencing
. Any person who has been transferred pursuant to that article shall not be prosecuted, tried or detained for the purpose of carrying out a sentence or a security measure, or subject to any other restriction of his or her individual liberty, in respect of a fact Any prior to the transfer, other than that for which the conviction was enforceable, except in the following cases:
a) Where the Sentencing State permits: an application shall be made to that effect, together with the relevant documents and A court record recording the declarations of the convicted person; this authorization is given where the offence for which it is sought would itself result in extradition under the law of the State of Conviction, or where extradition is excluded solely on account of the amount of the sentence;
(b) Where, having had the opportunity to do so, the sentenced person has not left within 45 days of its enlargement The territory of the executing State, or if it is returned to it after leaving it.
5. Notwithstanding the provisions of paragraph 4 of this Article, the implementing State may take the necessary measures in accordance with its law, including the use of a default procedure, with a view to interruption of the requirement.
6. Any Contracting State may, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it will not take responsibility for the execution of convictions under the conditions set out in this Article.
Item 4
Signature and entry into force
1. This Protocol shall be open for signature by the member States of the Council of Europe and the other signatory States of the Convention. It shall 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 shall 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.
For any signatory State which subsequently disposes of 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 filing.
Item 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 deposit of the instrument of accession.
Article 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 Subsequently, 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 in respect of 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
. Any declaration made under the two preceding paragraphs may be withdrawn, in respect of 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.
Article 7
Application in time
This Protocol will apply to the execution of convictions handed down either before or after its entry into force.
Article 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
. However, this Protocol shall continue to apply to the execution of convictions of persons transferred in accordance with the provisions of the Convention or this Protocol before denunciation takes effect.
4. The denunciation of the Convention shall automatically entail that of this Protocol.
Article 9
Notifications
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, to any signatory, to any party and to any other State which 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 date The entry into force of this Protocol in accordance with Articles 4 and 5;
(d) Any other act, declaration, notification or communication relating to this Protocol.
In witness whereof, the undersigned, duly authorized to that effect, have Signed this Protocol.
Done at Strasbourg, on 18 December 1997, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies 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.
Done at Paris, May 23, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Foreign Minister,
Philippe Douste-Blazy
