Kyrgyzstan joins Convention on Transfer of Sentenced Persons

Bishkek, Feb. 1, 2024. /Kabar/. President of Kyrgyzstan Sadyr Zhaparov signed the Law of the Kyrgyz Republic “On the accession of the Kyrgyz Republic to the Convention on the Transfer of Sentenced Persons,” which was adopted by the Jogorku Kenesh on December 20, 2023.

This law provides for the creation of a legal framework in the field of transfer of convicted persons between the Kyrgyz Republic and member states of the Council of Europe and other states that have acceded to the Convention on the Transfer of Sentenced Persons (hereinafter referred to as the Convention), to serve further sentences in the state of which they are citizens, and also the implementation of internal state procedures.

The purpose of the Convention is to develop international cooperation in the field of criminal law, which should contribute to the achievement of justice and social rehabilitation of convicted persons.

According to the Convention, States undertake to cooperate to the fullest extent in the transfer of sentenced persons in accordance with its provisions.

The Convention also provides that a convicted person can be transferred for execution of a sentence to another country only with his own consent, as well as with the consent of the interested states. A convicted person can be transferred to the country of which he is a citizen.

According to the Convention, each party (state) may grant pardon, amnesty or commutation of punishment in accordance with its constitution or other laws. Only the sentencing State has the authority to decide any application for judicial review.

In addition, the administering State shall terminate the execution of the sentence immediately after the sentencing State informs it of any decision or measure as a result of which the sentence ceases to be enforceable.

The executing state provides the sentencing state with information regarding the execution of the sentence: when it considers the execution of the sentence completed; if the convicted person escaped from custody before the completion of the sentence; or if the sentencing State requests a special report.

The law comes into force ten days from the date of official publication.