Transfer of Egyptian Prisoners

AGREEMENT BETWEEN MALTA AND EGYPT ON THE TRANSFER OF SENTENCED PERSONS
2001

Official title:
“Agreement between the Government of Malta and the Government of the Arab Republic of Egypt on the Transfer of Sentenced Persons”

The Government ofMaltaand the Government of theArabRepublicofEgypt,

Desirous the further developing of co-operation in the field of criminal law;

Considering that such co-operation should further the ends of justice and the social rehabilitation of sentenced persons;

Considering that these objectives require that nationals of either state who are deprived of their liberty as a result of their commission of a criminal offence may be given the opportunity to serve their sentences within their own society;

Have agreed as follows:

Article 1 Definitions

For the purpose of this Agreement:

(a) “judgement means a decision or order of a court or tribunal imposing a sentence;

(b) “sentence” means any punishment or measure involving deprivation of liberty ordered by a judgement for a limited or unlimited period of time on account of a criminal offence;

(c) “transferring State” means the State in which the sentence was imposed on the person who may be, or has been, transferred;

(d) “receiving state” means the State to which the sentenced person may be, or has been, transferred in order to serve his sentence.

Article 2 General Principles

A person sentenced in the territory of one Party may be transferred to the territory of the other Party in accordance with the provisions of this Agreement in order to serve the sentence imposed on him. To that end he may express his interest to the transferring State or to the receiving State in being transferred under this Agreement.

Transfer may be requested by either the transferring State or the receiving State.

Article 3 Conditions for Transfer

1. A sentenced person may be transferred under this Agreement only on the following conditions:

(a) if that person is a national of the receiving State;

(b) if the judgement is final, or the prisoner has waived any rights of appeal;

(c) at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate;

(d) consent to the transfer is given by the sentenced person or, where in view of his age or his physical or mental condition either Party considers it necessary, by a person authorised to act on his behalf;

(e) the acts acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the receiving State or would constitute a criminal offence if committed on its territory; and

(f) the transferring and receiving States agree to the transfer.

2. In exceptional cases, the Parties may agree to a transfer even if the time to be served by the sentenced person is less than specified in paragraph (1)(c) of this Article.

Article 4 Obligation to Furnish Information

1. Any sentenced person to whom this Agreement may apply shall be informed by the transferring State of the substance of this Agreement.

2. If the sentenced person has expressed an interest to the transferring State in being transferred under this Agreement, that State shall so inform the receiving State as soon as practicable after the judgement becomes final.

The information shall include:

(a) the name, date and place of birth of the sentenced person;

(b) his address, if any, in the receiving state;

(c) a statement of the facts upon which the sentence was based;

(d) the nature, duration and date of commencement of the sentence.

3. If the sentenced person has expressed his interest to the receiving State, the transferring State shall, on request, communicate to that State the information referred to in paragraph 2 above.

4. The sentenced person shall be informed, in writing, of any action taken by the transferring State or the receiving State under the preceding paragraphs, as well as of any decision taken by either State on a request for transfer.

Article 5 Requests and Replies

1. Requests for transfer and replies shall be made in writing.

2. Requests shall be addressed by the Ministry of the requesting State to the competent Ministry of the requested State. Replies shall be communicated through the same channels.

3. The requested State shall promptly inform the requesting State of its decision whether or not to agree to the requested transfer.

Article 6 Supporting Documents

1. The receiving State, if requested by the transferring State, shall furnish it with the following documents:

(a) a copy of the relevant law of the receiving State which provides that the acts or omissions on account of which the sentence has been imposed in the transferring State constitute a criminal offence according to the law of the receiving State, or would constitute a criminal offence if committed on its territory;

(b) a statement of any relevant law or regulation relating to the prisoner’s detention in the receiving State after his transfer;

(a) document or statement indicating that the sentenced person is a national of that State.

2. If a transfer is requested, the transferring State shall provide the following documents to the receiving State, unless either State has already indicated that it will not agree to the transfer:

(a) a certified copy of the judgement and the law on which it is based;

(b) a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission, and any other factor relevant to the enforcement of the sentence;

(c) a declaration containing the consent to the transfer as referred to in Articles 3(1)(d) and 3(1)(f); and

(d) whenever appropriate, any medical or social reports on the sentenced person, information about his treatment in the transferring State, and any recommendation for his further treatment in the receiving State.

3. Either Party may ask to be provided with any of the documents or statements referred to in paragraphs (1) and (2) above before making a request for transfer or taking a decision on whether or not to agree to the transfer.

4. Except where a request is made to the contrary and except as provided in paragraph 2(a) of this Article documents transmitted in application of this Agreement need not be certified.

Article 7 The Verification of Consent

1. The transferring State shall ensure that the person required to give consent to the transfer in accordance with Article 3(1)(d) does so voluntarily and with full knowledge of the legal consequences thereof. The procedure for giving such consent shall be governed by the law of the transferring State.

2. The transferring State shall afford an opportunity to the receiving State to verify, through a Consul or other person agreed upon with the receiving State, that the consent is given in accordance with the conditions set out in paragraph 1 above.

Article 8 Handover of prisoners and effect of transfer for transferring State

1. The delivery of the sentenced person by the transferring State to the receiving State shall occur at a place to be agreed upon between the transferring and receiving States. The receiving State shall be responsible for the transport of the prisoner from the transferring State and shall also be responsible for the custody of the sentenced person outside the territory of the transferring State.

2. The taking into charge of the sentenced person by the authorities of the receiving State shall have the effect of suspending the enforcement of the sentence in the transferring State.

3. The transferring State may no longer enforce the sentence if the receiving State considers enforcement of the sentence to have been completed.

Article 9 Effect of Transfer for receiving State

1. The competent authorities of the receiving State shall continue the enforcement of the sentence immediately or through a judicial or administrative order as provided for by the law of the receiving State, under the conditions set out in Article 10.

2. The enforcement of the sentence shall be governed by the law of the receiving State, and that State alone shall be competent to take all appropriate decisions.

Article 10 Enforcement of Sentence

1. Subject to paragraph 2 of this Article, the receiving State shall be bound by the legal nature and duration of the sentence as determined by the transferring State.

2. If, however, this sentence is by its nature or duration incompatible with the law of the receiving State, or its law so requires, that State may adapt the sanction to the punishment or measure prescribed by its own law for a similar offence. As to its nature, the punishment or measure shall, as far as possible, correspond with that imposed by the sentence to be enforced. It shall not aggravate, by its nature or duration, the sanction imposed in the transferring State, nor exceed the maximum prescribed by the law of the receiving State.

3. A sentenced person transferred under this Agreement shall not be tried or sentenced in the receiving State for the acts or omissions on account of which the sentence was imposed in the transferring State, and shall not be detained for those acts or omissions except in accordance with this Agreement.

Article 11 Pardon, Amnesty, Commutation

Unless the transferring and receiving States agree otherwise, the transferring State alone may grant pardon, amnesty or commutation of the sentence in accordance with its Constitution or other laws.

Article 12 Review of Judgement

The transferring State alone shall have the right to decide on any application for review of the judgement.

Article 13 Termination of Enforcement

The receiving State shall terminate enforcement of the sentence as soon as it is informed by the transferring State of any decision or measure as a result of which the sentence ceases to be enforceable.

Article 14 Information on Enforcement

The receiving State shall provide information to the transferring State concerning the enforcement of the sentence:

(a) when it considers enforcement of the sentence to have been completed;

(b) if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or

(c) if the transferring State requests a special report.

Article 15 Transit

1. Subject to paragraph 2 of this Article, if either Party enters into arrangements for the transfer of sentenced persons with any third State, the other Party to this Agreement shall, to the extent possible under its own laws, co-operate in facilitating the transit through its territory of sentenced persons being transferred pursuant to such arrangements. The Party intending to make such a transfer shall give advance notice to the other Party of such transit.

2. Either Party may refuse to grant transit:

(a) if the sentenced person is one of its nationals; or

(b) if the offence for which the sentence was imposed is not an offence under its own law.

Article 16 Language and Costs

1. Information under paragraphs 2 and 3 of Article 4 shall be furnished in Maltese or in Arabic, with a translation into English or French.

2. Requests for transfer and all supporting documents shall be in Maltese or in Arabic, with a translation into English or French.

Any costs incurred in the application of this Agreement shall be borne by the requesting State, except costs incurred exclusively in the territory of the transferring State. The requesting State may, however, seek to recover all or part of the costs of transfer from the sentenced person.

Article 17 Temporal Application

This agreement shall be applicable to the enforcement of sentences imposed either before or after its entry into force.

Article 18 Relationship to other Conventions and Agreements

This Agreement does not affect the rights and undertaking of the Parties which may be derived from extradition treaties and other treaties on international co-operation in criminal matters providing for the transfer of detained persons for purposes of testimony.

Article 19 Denunciation

1. Either Party may at any time denounce this Agreement by means of a notification addressed to the other Party.

2. Such denunciation shall be effective as from the first day of the fourth month following the date of notification.

3. This Agreement shall, however, continue to apply to the enforcement of sentences of sentenced persons who have been transferred in conformity with the provisions of the Agreement before the date of its denunciation.

Article 20 Entry into Force

This Agreement is subject to ratification by the relevant authorities of both sides and shall come into force thirty days from the date of the relative exchange of documents.

In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

Done in duplicate in Cairo, Arab Republic of Egypt, this 26th May 2001 in the English and Arabic languages. In any case of dispute, the English text will be the authoritative version.