UNMIK - THE FEDERAL REPUBLIC OF YUGOSLAVIA AGREEMENT ON THE TRANSFER OF SENTENCED PERSONS

The Special Representative of the UN Secretary-General for Kosovo. Mr. Michael Steiner and the President of the Government of the Federal Republic of Yugoslavia, Mr. Dragisa Pesic, the Prime Minister of the Republic of Serbia, Mr. Zoran Djindjic, the Special Representative of the President of the Federal Republic of Yugoslavia and the President of the Coordinating Center for Kosovo, Dr. Nebojsa Covic, as the signatories of this Agreement:

Have agreed upon the following:

Article 1 - Definitions

For the purposes of this Agreement:

a. "sentence" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time on account of a criminal offence;
b. "judgment" means a decision or order of a court imposing a sentence;
c. "Party" means the Government of The Federal Republic of Yugoslavia and the Government of the Republic of Serbia collectively, or the United Nations Interim Administration Mission in Kosovo (UNMIK).
d. "sentencing Party" means the Party that imposed the sentence on the person who may be, or has been, transferred;
e. "administering Party" means the Party to which the sentenced person may be, or has been, transferred in order to serve his sentence.

Article 2 - General principles

1. The Parties undertake to afford each other the widest measure of co-operation in respect to the transfer of sentenced persons in accordance with the provisions of this Agreement.
2. A person serving a sentence in the custody of a Party may be transferred to the custody of the other Party, in accordance with the provisions of this Agreement, to serve the remaining portion of the sentence imposed on him. To (hat end, a person serving a sentence may express his interest to the sentencing Party or to the administering Party in being transferred under this Agreement
3. Transfer may be requested by either the sentencing Party or the administering Party.

Article 3 - Conditions for transfer

1. A sentenced person in UNMIK's custody may be transferred under (his Agreement only on the following conditions:

a. if the judgment is final:
b. if at (he 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;
c. if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two Parties considers it necessary, the transfer is consented to by the sentenced person's legal representative;
d. if the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering Party or would constitute a criminal offence if committed on its territory;
e. if the sentencing and administering Parties agree to the transfer. Particular consideration shall be given to sentenced persons born in The Federal Republic of Yugoslavia, outside Kosovo, or where members of the sentenced person's immediate family reside in The Federal Republic of Yugoslavia, outside Kosovo.

2. A sentenced person in the custody of the Government of The Federal Republic of Yugoslavia or the Government of the Republic of Serbia may be transferred under this Agreement only on the following conditions;

a. if the judgment is final:
b. if 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;
c. if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two Parties considers it necessary, the transfer is consented to by the sentenced person's legal representative;
d. if the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering Party or would constitute a criminal offence if committed in the territory under its administration; and
e. if the sentencing and administering Parties agree to the transfer. Particular consideration shall be given to sentenced persons born in Kosovo, or where members of the sentenced person's immediate family reside in Kosovo.

3. In exceptional cases, the Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1.b or 2.b.

Article 4 - Obligation to furnish information

1. Any sentenced person to whom this Agreement may apply shall immediately be advised of the provisions of this Agreement.
2. If the sentenced person has expressed an interest to the sentencing Party in being transferred under this Agreement, that Party shall so inform the administering Party as soon as practicable after the judgment becomes final.
3. The information shall include:

a. the name, date and place of birth of the sentenced person;
b. his address, if any, in the territory of the administering Party;
c. a statement of the facts upon which the sentence was based;
d. the nature, duration and date of commencement of the sentence.

4. If the sentenced person has expressed his interest to the administering Party, the sentencing Party shall, on request, communicate to the administering Party the information referred to in paragraph 3 above.
5. The sentenced person shall be informed, in writing, of any action taken by the sentencing Party or by the administering Party under the preceding paragraphs, as well as of any decision taken by either Party 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 or Department of Justice of the requesting Party to the Ministry or Department of Justice of the requested Party. Replies shall be communicated through the same channels.
3. The requested Party shall promptly inform the requesting Party of its decision whether or not to agree to (be requested transfer.

Article 6 - Supporting documents

1. The administering Party, if requested by the sentencing Party, shall furnish it with a copy of the relevant law of the administering Party which provides that the acts or omissions on account of which the sentence has been imposed by the sentencing Party constitute a criminal offence according to the law of the administering Party, or would constitute a criminal offence if committed on its territory;
2. If a transfer is requested, the sentencing Party shall provide the following documents to the administering Party, unless either Party has already indicated that it will not agree to the transfer:

a. a certified copy of the judgment 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 and any other factor relevant to the enforcement of the sentence:
c. a declaration containing the consent to the transfer as referred to in Article 3.1.c and 3.2.C; and
d. whenever appropriate, any medical or social reports on the sentenced person, information about his treatment in the territory of the sentencing Party, and any recommendation for his further treatment in the territory of the administering Party.

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

Article 7 - Consent and its verification

1. The sentencing Party shall ensure that the person required to give consent to the transfer in accordance with Article 3.1 .c or 3.2.C 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 sentencing Party.
2. The sentencing Party shall afford an opportunity to the administering Party to verify through an official agreed upon with the administering Party, that the consent is given in accordance with the conditions set out in paragraph 1 above.

Article 8 - Effect of transfer for sentencing Party

1. The taking into charge of the sentenced person by the authorities of the administering Party shall have the effect of suspending the enforcement of the sentence by the sentencing Party.
2. The sentencing Party may not enforce the sentence once the sentence has been executed folly by the administering Party.

Article 9 - Effect of transfer for administering Party

1. The competent authorities of the administering Party shall continue the enforcement of (he sentence immediately and shall be bound by the legal nature and duration of (he sentence as determined by the sentencing Party.
2. The incarceration of the sentenced person shall be governed by the law of the administering Party and that Party alone shall be competent to take all appropriate decisions.

Article 10 - Review of Judgment

The sentencing Party alone shall have the right to decide on any application for review of the judgment.
Pardon and amnesty may be granted only by the sentencing Party, pursuant to the applicable law of the Party.

Article 11 -Termination of enforcement

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

Article 12 - Information on enforcement

The administering Party shall provide information to the sentencing Party 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 sentencing Party requests a special report

Article 13 - Temporal application

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

Article 14 - Relationship to other agreements

This Agreement does not, in any manner, apply to. modify, alter, or affect the validity of the commitment made in the UNM1K - FRY Common Document by the Government of the Federal Republic of Yugoslavia and the Government of the Republic of Serbia signed on 5th November 2001.

Article 15 - Final provisions

This Agreement shall be executed in six original copies in English and Serbian, two of which will be distributed to UNMIK and four to the Federal Republic of Yugoslavia. This Agreement shall enter into fore immediately upon (he signature of the Parties.

Mr. Michael Steiner Special Representative of the Secretary
- General of the United Nations in Kosovo

Dr. Nebojsa Covic
Special Representative of the President of The Federal Republic of Yugoslavia and
President of the Coordinating Center
Of the FRY and RS for Kosovo and
Metohija

Dragisa Pesic
President of the Government of the Federal Republic of
Yugoslavia

Dr. Zoran Djindjic
Prime Minister of the Republic of Serbia

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