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The Convention On The Transfer Of Sentenced Persons To Penal Additional Protocol

Original Language Title: Par Konvencijas par notiesāto personu nodošanu soda izciešanai Papildu protokolu

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The Saeima has adopted and the President promulgated the following laws: The Convention on the transfer of sentenced persons to additional sentence, of the Protocol article 1. 21 March 1983 Convention on the transfer of sentenced persons to penal additional Protocol (hereinafter Additional Protocol) with this law is adopted and approved. 2. article. The additional Protocol shall enter into force for the period specified in article 4 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 3. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol in English and its translation into Latvian language. The law adopted by the Parliament in December 2005 on April 14. State v. President Vaira Vīķe-Freiberga in Riga 2005 April 29 ADDITIONAL PROTOCOL TO the EUROPEAN CONVENTION ON the TRANSFER OF SENTENCED persons preamble the member States of the Council of Europe and the other States signatory to this Protocol, facilitating the application of Desiro of the Convention on the Transfer of Sentenced persons opened for signature at Strasbourg on 21 March 1983 (hereinafter referred to as "the Convention") and the in particular, it is acknowledged that pursuing an aim of furthering the ends of Justice and the social rehabilitation of the sentenced person; Aware that many States cannot by their own national extradit; Considering it desirabl to supplement the Convention in certain respect, have agreed as follows: article 1: General provision 1. The words and expressions used in this Protocol shall be interpreted within the meaning of the Convention. 2. The provision of the Convention shall apply to the exten to that they are compatible with the provision of this Protocol. Article 2 — persons having fled from the sentencing State 1. Where a national of a Party who is the subject of a line is imposed in the territory of another Party as a part of a final judgement, seek to avoid the execution or further execution of the line in the sentencing State by fleeing to the territory of the former Party before having served the line» the sentencing State may request the other Party to take over the execution of the line. 2. At the request of the sentencing State, the administering State may, prior to the arrival of the documents supporting the request, or prior to the decision on that request, arrest the sentenced person, or take any other measure to ensur that the sentenced person remains in its territory, pending a decision on the request. Requests for provisional measure of shall include the information mentioned in paragraph 3 of article 4 of the Convention. The penal position of the sentenced person shall not be aggravated as a result of any period spen in custody by reason of this paragraph. 3. The consent of the sentenced person shall not be required to the transfer of the execution of the line. Article 3 Sentenced persons subject to — an expulsion or deportation order 1. Upon being requested by the sentencing State, the administering State may, subject to the provision of this article, agree to the transfer of a sentenced person without the consent of the person, where the line is passed on the latter, or an administrative decision consequential to that line, an expulsion or deportation order includes or any other measure as the result of which that person will no longer be allowed to remain in the territory of the sentencing State once he or she is released from prison. 2. The administering State shall not give its agreement for the purpose of paragraph 1 before having taken into considerations the opinion of the sentenced person. 3. For the purpose of the application of this article, the sentencing State shall furnish the administering State with: a) a declaration containing the opinion of the sentenced person as to his or her proposed transfer, and (b)) (a) a copy of the expulsion or deportation order or any other order having the effect that the sentenced person will no longer be allowed to remain in the territory of the sentencing State once he or she is released from prison. 4. Any person transferred under the provision of this article shall not be proceeded against, sentenced or detained with a view to the carrying out of a detention order or line, for any of the offenc committed prior to his or her transfer other than that for which the line is to be enforced was imposed, nor shall he or she for any other reason be restricted in his or her personal freedom , except in the following cases: (a)) when the sentencing State so the request: (a) the authoris for authorisation shall be submitted, accompanied by all relevant documents and a legal record of any statement made by the convicted person; authorisation shall be given when the offenc for which it is requested would itself be subject to extradition under the law of the sentencing State or when extradition would be excluded only by reason of the amount of punishment; (b) when the person sentenced), having had an opportunity to leave the territory of the administering State, has not done so within 45 days of his or her final discharge, or if he or she has returned to that territory after leaving it. 5. Notwithstanding the provision of paragraph 4, the administering State may take any measure cessary under its law not , including proceedings in absentia, to prevent any legal effects of lapse of time. 6. Any contracting State may, by way of a declaration addressed to the Secretary General of the Council of Europe, indicates that it will not take over the execution of the line under the circumstanc-in this article described. Article 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 States signatory to the Convention. It shall be subject to ratification, acceptance or approval. A Signatory may not ratify.â, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. The instrument 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 deposit of the third instrument of ratification, acceptance or approval. 3. In respect of any signatory State which 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. Article 5 — Accession 1. Any non-member State which has acceded to the Convention may accede to this Protocol after it has entered into force. 2. In respect of 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. Article 6 -Territorial application 1 Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply. 2. Any Contracting State may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory 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 receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 7 — Temporal application this Protocol shall be applicable to the enforcement of the line imposed either before or after its entry into force. Article 8 Denunciation 1 — Any Contracting State may at. any time denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective 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. This Protocol shall, however, continue to apply to the enforcement of the line of people who have been transferred in conformity with the provision of both the Convention and this Protocol before the date on which such denunciation takes effect. 4. Denunciation of the Convention automatically entail a denunciation of this Protocol. Article 9 — notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any Signatory, any Party and any other State which has been invited to accede to the Convention of: a any signature;) (b)) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry) into force of this Protocol in accordanc with articles 4 or 5; (d) any other Act, declaration), notification or communication relating to this Protocol. In witness whereof the undersigned, being duly authorised, have signed theret this Protocol. Done at Strasbourg, this eighteenth day of December 1997, in English and in 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 cop to each member State of the Council of Europe, to the other States signatory to the Convention and to any State invited to accede to the Convention.

Convention on the transfer of sentenced persons to additional sentence Protocol preamble the Member States of the Council of Europe and the other States signatory to this Protocol, desiring to promote the March 21 1983 in Strasbourg open for signature the Convention on transfer of sentenced persons penal (hereinafter referred to as the Convention), and, among other things, trying to ensure the objectives to be achieved by implementing a justice to notiesātaj persons and bring their social rehabilitation; Aware that many countries are not able to surrender their own nationals; Considering it desirable to supplement the Convention in certain matters, have agreed as follows: article 1. General provisions 1. Words and expressions used in this Protocol, pursuant to the Convention is explained the meaning you used. 2. the provisions laid down in the Convention is applicable in so far as they are in accordance with the provisions of this Protocol. 2. article. People who fled from the country after 1. If a citizen of one Member State, of which on the territory of another Member State made a conviction as part of a final judgment, trying to avoid further penal or parole in the State that they tried, pārbēg on the territory of the first Member State prior to full parole, it shall state that the penalty imposed, may request the other Member State in order to ensure the execution of it. 2. at the request of the State where the person convicted, the State in which the sentence is to be served, may, before the receipt of the accompanying document or before making a decision on this request, arrest the sentenced person or take any other measures to ensure that the convicted person to stay in its territory until a decision is taken on the request. Requests that are requested to apply security features, it is necessary to include the information referred to in article 4 of the Convention in part 3. Convicted person parole conditions should not worsen as a result that this person spend a period of time in detention, in accordance with the provisions of this part. 3. a convicted person to pass sentence, the person's consent is not required. 3. article. Convicted persons subject to an expulsion or deportation order 1. request state in which the person convicted, the State in which the sentence is to be served, may, subject to the provisions of this article, consent to the transfer of the convicted person without that person's consent, if the judgment given on this person or this decision following administrative decision includes an order for that person's removal or deportation or any other measure as a result of which that person is no longer allowed to stay in the country in which the person is convicted, after the person is released from prison. 2. The State in which the sentence will be served, not to give their consent to this part of article on the subject before it is not listened to the views of the convicted person. 3. in applying the provisions of this article, the State in which the person convicted, surrendered to a State in which the sentence is to be served, the following documents: (a)) Declaration, which includes the convicted person's views on its expected transfer, and (b) expulsion or deportation) a copy of the order or any other order, with a copy of that person are no longer allowed to stay in the country, in which it condemned, after the person is released from prison. 4. Any person who has been surrendered pursuant to the provisions of this article may not be criminal to persecute, arrest or court judgment, or detention for the purposes of the authorisation for any offence committed before that person's surrender, except for offences for which it was given to a conviction, and also for other reasons should be without prejudice to that person's personal liberty, except in the following (a)): if it gives permission to the State in which the convicted person: you have to add the request for authorization, which present all the documents that you want to add, and legal information for all the convicted person notices; authorisation shall be granted if the offence for which it is requested is such that it could be fixed for the release of the person concerned in accordance with the laws of the country in which the person convicted, or if the issue is not only the size of the fine; (b)) if the sentenced person, once it has had an opportunity to leave the territory of the country where the punishment served, has not done so within forty-five days of his final discharge, or if it has returned this territory after leaving it. 5. Notwithstanding the provisions of paragraph 4, the country where the punishment served, may take any measures necessary under its law, including the default of procedural actions to be carried out, to prevent the limitation of the consequences of accession. 6. Any Member State have the right to submit a European Declaration addressed to the Secretary General of the Council, indicate that it will hold the conviction judgements in accordance with the provisions of this article. 4. article. The signing and entry into force 1 this Protocol is open for signature of Council of Europe Member States and other signatory countries to the Convention. It may be ratified, accepted or accepted. Any signatory may not ratify, accept or adopt this Protocol if it has not previously or simultaneously ratified, accepted, or accepted the Convention. Instruments of ratification, acceptance or adoption of supporting documents are 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 date when the expiration of three months after the deposit of the third instrument of ratification, acceptance or adoption of formal. 3. as regards any signatory States, which subsequently deposits its instrument of ratification, acceptance or adoption of formal, this Protocol shall enter into force on the first day of the month following the month when the the three months since the date of the deposit. 5. article. 1. the accession of any country which is not a Member State which has acceded to the Convention may also accede to this Protocol after it enters into force. 2. for each State acceding to the Convention, this Protocol shall enter into force on the first day of the month following the month when the the three months since the formal accession date of deposit of the document. 6. article. Territorial application 1 any State, at the time of signature or when depositing its instrument of ratification, acceptance or accession, acceptance of the certificate, you can specify the territory or territories to which this Protocol applies. 2. any Member State may at any later date, by Council of Europe a declaration addressed to the Secretary General, extend this Protocol to any other territory specified respectively in the said Declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the month when the the three months since the Secretary-General received the following declaration. 3. Any under two previous parts of the Declaration may be withdrawn by means of a notification to the Secretary-General. Withdrawal shall take effect on the first day of the month following the month when the the three months since the Secretary-General received the following announcement. 7. article. During the application of this Protocol is applicable to those judgments taken before or after the entry into force of this Protocol. 8. article. Denunciation 1. Any member may at any time denounce this Protocol by notification to the Secretary-General of the Council of Europe. 2. The denunciation shall enter into force on the first day of the month following the month when the the three months since the Secretary-General received the following announcement. 3. However, application of this Protocol will continue with respect to enforcement of the persons who have passed the sentence in accordance with this Protocol and the provisions of the Convention before the date on which such denunciation takes effect. 4. denunciation of the Convention automatically implies denunciation of this Protocol. 9. article. Notifications the Secretary General of the Council of Europe shall notify all the Member States of the Council of Europe, any signatory, any party and any other State which has been invited to accede to the Convention of: a any signature;) (b)) any instrument of ratification, acceptance or accession, acceptance of the deposit certificate; (c) any date when) this Protocol shall enter into force in accordance with article 4 or 5; (d)) of any other acts, declarations, statements or information relating to this Protocol. Stating the above, and the undersigned, duly authorized, have signed this Protocol. Signed in Strasbourg, on 18 December 1997, in the English and French languages, 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 and the other States signatory to the Convention, as well as the countries invited to join it.