For the purposes of this Convention, the expression:

A.

"Conviction" means any punishment or deprivation of liberty imposed by a judge for a limited or indefinite period as a result of a criminal offence;

B.

"Judgment" means a judgment pronouncing a conviction;

C.

"State of conviction" means the State in which the person who can be transferred or has already been convicted has been sentenced;

D.

"State of execution" means the State to which the convicted person may be transferred or has already been transferred, in order to be sentenced.

(1) The Parties undertake to accord each other, under the conditions laid down in this Convention, the widest possible cooperation in the transfer of sentenced persons.

2. A person convicted in the territory of a Party may, in accordance with the provisions of this Convention, be transferred to the territory of another Party for the sentence imposed on him. To this end, it may express, either with the State of conviction or with the State of enforcement, the wish to be transferred under this Convention.

3. The transfer may be requested either by the State of conviction or by the executing State.

1. A transfer may take place under this Convention only under the following conditions:

A.

The convicted person must be a national of the executing State;

B.

The judgment must be final;

C.

The period of conviction that the offender still has to be subjected to must be at least six months from the date of receipt of the request for transfer, or indeterminate;

D.

The convicted person or, where, because of his or her age or physical or mental state, considers it necessary, his or her representative must consent to the transfer;

E.

The acts or omissions which gave rise to the conviction must constitute a criminal offence under the law of the executing State or should constitute a criminal offence if they arose in its territory; and

F.

The State of conviction and the executing State must agree on the transfer.

2. In exceptional cases, Parties may agree to a transfer even if the duration of the conviction that the convicted person has yet to be subjected to is less than that provided for in subs. 1.c.

(3) Any State may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it intends to exclude the application One of the procedures set out in s. 9.1.a and b in its relations with the other Parties.

4. Any State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define, as regards the term "national" for the purposes of this Convention.

Any convict to whom this Convention may apply shall be informed by the State of condemnation of the contents of this Convention.

2. If the sentenced person has expressed to the State of conviction the wish to be transferred under this Convention, that State shall inform the State of enforcement as soon as possible after the judgment has become final.

3. Information should include:

A.

The name, date and place of birth of the convicted person;

B.

Where applicable, its address in the executing State;

C.

A statement of the facts leading to the conviction;

D.

The nature, duration and start date of the conviction.

4. If the convict has expressed to the State of enforcement the wish to be transferred under this Convention, the State of conviction shall, upon his request, communicate to that State the information referred to in s. 3 above.

5. The convicted person shall be informed in writing of any action taken by the State of conviction or the State of enforcement in accordance with the preceding paragraphs, as well as any decision taken by one of the two States concerning an application for Transfer.

1. Requests for transfer and responses must be in writing.

2. These requests should be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. Responses should be communicated through the same channels.

Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it will use other channels of communication.

The requested State shall inform the requesting State, as soon as possible, of its decision to accept or refuse the requested transfer.

The State of enforcement shall, at the request of the Sentencing State, provide the Sentencing State with:

A.

A document or statement indicating that the convicted person is a national of that State;

B.

A copy of the legal provisions of the State of execution of which it follows that the acts or omissions which gave rise to the conviction in the State of conviction constitute a criminal offence under the law of the executing State or Would be one if they were coming to its territory;

C.

A declaration containing the information provided for in s. 9.2.

2. If a transfer is requested, the Sentencing State must provide the following documents to the executing State, unless one or both of the two States has already indicated that it would not agree to the transfer:

A.

A certified copy of the judgment and the legal provisions applied;

B.

An indication of the duration of the conviction already incurred, including information on any remand, remission or other act relating to the execution of the conviction;

C.

A declaration of consent to the transfer as referred to in s. 3.1.d; and

D.

Every time there is a medical or social report on the convicted person, any information about his or her treatment in the Sentencing State and any recommendations for further processing in the State of execution.

(3) The State of conviction and the State of enforcement may, both, request to receive any of the documents or declarations referred to in s. 1 and 2 above before making a request for transfer or taking the decision to accept or refuse the transfer.

The Sentencing State shall ensure that the person who is required to give consent to the transfer under s. 3.1.d to do so voluntarily and fully aware of the resulting legal consequences. The procedure to be followed in this regard shall be governed by the law of the Sentencing State.

The State of conviction shall give the executing State the opportunity to verify, through a consul or other official designated in agreement with the State of enforcement, that the consent has been given under the conditions laid down in the Previous paragraph.

(1) The taking of the convicted person by the authorities of the executing State shall have the effect of suspending the execution of the conviction in the State of conviction.

2. The Sentencing State can no longer execute the conviction when the executing State considers the execution of the conviction to be complete.

The competent authorities of the executing State shall:

A.

To continue the execution of the conviction immediately or on the basis of a judicial or administrative decision, in accordance with the conditions set out in Art. 10;

B.

To convert the conviction, by a judicial or administrative procedure, into a decision of that State, thus substituting for the sanction imposed in the State of conviction a sanction provided for by the law of the executing State for the same Under the conditions set out in s. 11.

(2) The State of execution shall, if the request is made to it, indicate to the State of conviction, before the transfer of the sentenced person, which of those proceedings shall follow.

(3) Enforcement of the conviction shall be governed by the law of the executing State and the State shall have sole jurisdiction to take all appropriate decisions.

4. Any State whose domestic law precludes the use of any of the procedures referred to in s. 1 to carry out the measures which have been carried out in the territory of another Party of persons who, having regard to their mental state, have been declared criminally irresponsible of an offence and who is willing to take charge of those persons In order to continue their processing may, by means of a declaration addressed to the Secretary General of the Council of Europe, indicate the procedures to be followed in these cases.

(1) In the case of continued enforcement, the State of enforcement shall be bound by the legal nature and duration of the sanction as the result of the conviction.

2. However, if the nature or duration of that sanction is incompatible with the law of the State of enforcement, or if the law of that State so requires, the State of enforcement may, by judicial or administrative decision, adapt this sanction to The penalty or measure prescribed by its own law for offences of the same nature. This penalty or measure corresponds, as far as possible, with regard to its nature, to that imposed by the conviction to be carried out. It shall not aggravate by its nature or its duration the sanction imposed in the State of conviction or exceed the maximum provided for by the law of the executing State.

1. In the case of conversion of the conviction, the procedure provided for by the law of the executing State shall apply. Upon conversion, the competent authority shall:

A.

Be bound by the finding of the facts to the extent that they are explicitly or implicitly included in the judgment given in the State of conviction;

B.

Cannot convert a private sanction of liberty into a monetary penalty;

C.

Fully deduct the period of deprivation of liberty suffered by the convicted person; and

D.

Will not aggravate the criminal situation of the convicted person, and will not be bound by the minimum penalty provided for by the law of the executing State for the offence or offences committed.

2. Where the conversion procedure takes place after the transfer of the sentenced person, the executing State shall keep the person in custody or take other measures to ensure that the person is present in the State of execution until the outcome of that Procedure.

Each Party may grant pardon, amnesty or commutation of the sentence in accordance with its Constitution or other legal rules.

The State of conviction, alone, has the right to rule on any review brought against the judgment.

The State of enforcement must terminate the execution of the conviction as soon as it has been informed by the State of conviction of any decision or action which has the effect of removing the enforceability of the sentence.

The State of enforcement will provide information to the Sentencing State concerning the execution of the conviction:

A.

When it considers the execution of the conviction to be completed;

B.

If the convicted person escapes before the execution of the conviction is completed; or

C.

If the Sentencing State requests a special report.

1. A Party shall, in accordance with its legislation, accede to a request for the transit of a person convicted by its territory, if the request is made by another Party which is itself agreed with another Party or with a third State of the Transfer of the convicted person to or from his or her territory.

2. A Party may refuse to grant transit:

A.

If the convicted person is one of its nationals, or

B.

If the offence which gave rise to the conviction does not constitute an offence under its law.

3. Requests for transit and replies shall be communicated by means referred to in the provisions of Art. 5.2 and 3.

(4) A Party may accede to a request for the transit of a person sentenced by its territory, formulated by a third State, if it is agreed with another Party of the transfer to or from its territory.

5. The Party to which transit is requested may keep the person sentenced in custody for the duration strictly necessary for the transit through its territory.

The requested Party to grant transit may be invited to provide assurance that the convicted person will not be prosecuted or detained, subject to the application of the preceding paragraph, or subject to any other restriction of his or her individual liberty on The territory of the transit State, for facts or convictions prior to its departure from the territory of the State of conviction.

7. No request for transit is required if the air route is used over the territory of a Party and no landing is expected. However, each State may, by means of a declaration addressed to the Secretary General of the Council of Europe at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, require notification of all Transit over its territory.

1. Information under s. 4, para. 2 to 4, shall be in the language of the Party to which they are addressed or in one of the official languages of the Council of Europe.

2. Subject to subs. 3 below, no translation of transfer requests or supporting documentation is required.

(3) Any State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, require that requests for transfer and Supporting documents shall be accompanied by a translation into its own language or in one of the official languages of the Council of Europe or in that of those languages which it will indicate. On this occasion it may declare that it is prepared to accept translations in any other language in addition to the official language, or official languages, of the Council of Europe.

4. Except for the exception provided for in s. 6.2.a, documents transmitted under this Convention need not be certified.

5. The costs incurred in applying this Convention shall be borne by the executing State, with the exception of costs incurred exclusively in the territory of the Sentencing State.

1. This Convention shall be open for signature by the member States of the Council of Europe and non-member States which have participated in its elaboration. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention, In accordance with the provisions of s. 1.

(3) For any signatory State which subsequently expresses its consent to be bound by the Convention, it 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 Ratification, acceptance or approval.

After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Contracting States, invite any State which is not a member of the Council and not mentioned in Art. 18.1, to accede to this Convention, by a decision taken by a majority under s. 20.d of the Statute of the Council of Europe ¹ And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

2. For any acceding State, the Convention 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 with the Secretary General of the Council of Europe.

(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

2. Any 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 Convention to any other territory designated in the declaration. The Convention 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 General.

(3) 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.

This Convention shall apply to the execution of the convictions handed down either before or after its entry into force.

(1) This Convention shall not affect the rights and obligations arising from extradition treaties and other treaties of international cooperation in criminal matters providing for the transfer of detainees for the purpose of confrontation or Testimony.

2. Where two or more Parties have already concluded or conclude an agreement or treaty on the transfer of convicted persons or when they have established or otherwise establish their relations in this field, they shall have the right to apply Such agreement, treaty or arrangement instead of this Convention.

(3) This Convention shall not affect the right of States Parties to the European Convention on the International Value of Criminal Judgments to conclude bilateral or multilateral agreements on matters relating to Settled by the Convention, to supplement its provisions or to facilitate the application of the principles on which it is based.

4. If a request for transfer falls within the scope of this Convention and the European Convention on the International Value of Criminal Judgments or another agreement or treaty on the transfer of convicted persons, the State shall The applicant shall, when making the request, specify in accordance with which instrument the request is made.

The European Committee on Crime Problems will monitor the implementation of this Convention and facilitate the amicable settlement of any difficulties of application.

1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) 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 Convention shall continue to apply to the execution of convictions of persons transferred in accordance with the said Convention before the denunciation takes effect.

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention and to any State which has acceded to this Convention:

A.

Any signature;

B.

The deposit of any instrument of ratification, acceptance, approval or accession;

C.

Any date of entry into force of this Convention in accordance with its art. 18.2 and 3, 19.2 and 20.2 and 3;

D.

Any other act, declaration, notification or communication relating to this Convention.

In witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, on 21 March 1983, 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 copies to each member state of the Council of Europe, to non-member States which have participated in the elaboration of this Convention and to any State invited to accede to this Convention. This one.

(Suivent signatures)