Europen Trety Series - No. 167 ADDITIONAL PROTOCOL TO THE CONVENTION ON THE TRANSFER OF SENTENCED PERSONS Strsourg, 18.XII.1997
2 ETS 167 Convention on the Trnsfer of Sentenced Persons (Additionl Protocol), 18.XII.1997 Premle The memer Sttes of the Council of Europe, nd the other Sttes signtory to this Protocol, Desirous of fcilitting the ppliction of the Convention on the Trnsfer of Sentenced Persons opened for signture t Strsourg on 21 Mrch 1983 (hereinfter referred to s "the Convention") nd, in prticulr, pursuing its cknowledged ims of furthering the ends of justice nd the socil rehilittion of sentenced persons; Awre tht mny Sttes cnnot extrdite their own ntionls; Considering it desirle to supplement the Convention in certin respects, Hve greed s follows: Article 1 Generl provisions 1 The words nd expressions used in this Protocol shll e interpreted within the mening of the Convention. 2 The provisions of the Convention shll pply to the extent tht they re comptile with the provisions of this Protocol. Article 2 Persons hving fled from the sentencing Stte 1 Where ntionl of Prty who is the suject of sentence imposed in the territory of nother Prty s prt of finl judgment, seeks to void the execution or further execution of the sentence in the sentencing Stte y fleeing to the territory of the former Prty efore hving served the sentence, the sentencing Stte my request the other Prty to tke over the execution of the sentence. 2 At the request of the sentencing Stte, the dministering Stte my, prior to the rrivl of the documents supporting the request, or prior to the decision on tht request, rrest the sentenced person, or tke ny other mesure to ensure tht the sentenced person remins in its territory, pending decision on the request. Requests for provisionl mesures shll include the informtion mentioned in prgrph 3 of Article 4 of the Convention. The penl position of the sentenced person shll not e ggrvted s result of ny period spent in custody y reson of this prgrph. 3 The consent of the sentenced person shll not e required to the trnsfer of the execution of the sentence. Article 3 Sentenced persons suject to n expulsion or deporttion order 1 Upon eing requested y the sentencing Stte, the dministering Stte my, suject to the provisions of this Article, gree to the trnsfer of sentenced person without the consent of tht person, where the sentence pssed on the ltter, or n dministrtive decision consequentil to tht sentence, includes n expulsion or deporttion order or ny other mesure s the result of which tht person will no longer e llowed to remin in the territory of the sentencing Stte once he or she is relesed from prison.
3 ETS 167 Convention on the Trnsfer of Sentenced Persons (Additionl Protocol), 18.XII.1997 2 The dministering Stte shll not give its greement for the purposes of prgrph 1 efore hving tken into considertion the opinion of the sentenced person. 3 For the purposes of the ppliction of this Article, the sentencing Stte shll furnish the dministering Stte with : declrtion contining the opinion of the sentenced person s to his or her proposed trnsfer, nd copy of the expulsion or deporttion order or ny other order hving the effect tht the sentenced person will no longer e llowed to remin in the territory of the sentencing Stte once he or she is relesed from prison. 4 Any person trnsferred under the provisions of this Article shll not e proceeded ginst, sentenced or detined with view to the crrying out of sentence or detention order, for ny offence committed prior to his or her trnsfer other thn tht for which the sentence to e enforced ws imposed, nor shll he or she for ny other reson e restricted in his or her personl freedom, except in the following cses: when the sentencing Stte so uthorises: request for uthoristion shll e sumitted, ccompnied y ll relevnt documents nd legl record of ny sttement mde y the convicted person; uthoristion shll e given when the offence for which it is requested would itself e suject to extrdition under the lw of the sentencing Stte or when extrdition would e excluded only y reson of the mount of punishment; when the sentenced person, hving hd n opportunity to leve the territory of the dministering Stte, hs not done so within 45 dys of his or her finl dischrge, or if he or she hs returned to tht territory fter leving it. 5 Notwithstnding the provisions of prgrph 4, the dministering Stte my tke ny mesures necessry under its lw, including proceedings in senti, to prevent ny legl effects of lpse of time. 6 Any contrcting Stte my, y wy of declrtion ddressed to the Secretry Generl of the Council of Europe, indicte tht it will not tke over the execution of sentences under the circumstnces descried in this Article. Article 4 Signture nd entry into force 1 This Protocol shll e open for signture y the memer Sttes of the Council of Europe nd the other Sttes signtory to the Convention. It shll e suject to rtifiction, cceptnce or pprovl. A Signtory my not rtify, ccept or pprove this Protocol unless it hs previously or simultneously rtified, ccepted or pproved the Convention. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 This Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the deposit of the third instrument of rtifiction, cceptnce or pprovl. 3 In respect of ny signtory Stte which susequently deposits its instrument of rtifiction, cceptnce or pprovl, the Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of deposit.
4 ETS 167 Convention on the Trnsfer of Sentenced Persons (Additionl Protocol), 18.XII.1997 Article 5 Accession 1 Any non-memer Stte which hs cceded to the Convention my ccede to this Protocol fter it hs entered into force. 2 In respect of ny cceding Stte, the Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of the deposit of the instrument of ccession. Article 6 Territoril ppliction 1 Any Stte my t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, specify the territory or territories to which this Protocol shll pply. 2 Any Contrcting Stte my, t ny lter dte, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend the ppliction of this Protocol to ny other territory specified in the declrtion. In respect of such territory the Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of receipt of such declrtion y the Secretry Generl. 3 Any declrtion mde under the two preceding prgrphs my, in respect of ny territory specified in such declrtion, e withdrwn y notifiction ddressed to the Secretry Generl. The withdrwl shll ecome effective on the first dy of the month following the expirtion of period of three months fter the dte of receipt of such notifiction y the Secretry Generl. Article 7 Temporl ppliction This Protocol shll e pplicle to the enforcement of sentences imposed either efore or fter its entry into force. Article 8 Denuncition 1 Any Contrcting Stte my t ny time denounce this Protocol y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 2 Such denuncition shll ecome effective on the first dy of the month following the expirtion of period of three months fter the dte of receipt of the notifiction y the Secretry Generl. 3 This Protocol shll, however, continue to pply to the enforcement of sentences of persons who hve een trnsferred in conformity with the provisions of oth the Convention nd this Protocol efore the dte on which such denuncition tkes effect. 4 Denuncition of the Convention utomticlly entils denuncition of this Protocol. Article 9 Notifictions The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of Europe, ny Signtory, ny Prty nd ny other Stte which hs een invited to ccede to the Convention of: ny signture; the deposit of ny instrument of rtifiction, cceptnce, pprovl or ccession;
5 ETS 167 Convention on the Trnsfer of Sentenced Persons (Additionl Protocol), 18.XII.1997 c ny dte of entry into force of this Protocol in ccordnce with Articles 4 or 5; d ny other ct, declrtion, notifiction or communiction relting to this Protocol. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t Strsourg, this eighteenth dy of Decemer 1997, in English nd in French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe, to the other Sttes signtory to the Convention nd to ny Stte invited to ccede to the Convention.