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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
|---|---|---|---|---|---|---|
| Verdrag inzake de overbrenging van gevonniste personen tussen het Koninkrijk der Nederlanden en de Republiek Cuba | BWBV0006234 | verdrag | geldend | 2017-04-06 | https://wetten.overheid.nl/BWBV0006234 | Verdrag inzake de overbrenging van gevonniste personen tussen het Koninkrijk der Nederlanden en de Republiek Cuba |
Verdrag inzake de overbrenging van gevonniste personen tussen het Koninkrijk der Nederlanden en de Republiek Cuba
Artikel 1
For the purposes of this Convention:
a) a) “Sentence” means any punishment or measure involving deprivation of liberty ordered by a judge or a court on account of a criminal offence; b) b) “Judgment” means a decision or order of a judge or a court imposing a sentence; c) c) “Sentenced person” means a person who has been sentenced by final judgment of a judge or a court of one of the Parties and is serving his sentence in the sentencing State; d) d) “National” means, with regard to the Republic of Cuba, any national or citizen of Cuba residing permanently on Cuban territory; with regard to the Kingdom of the Netherlands, any person possessing Dutch nationality under the legislation of the Kingdom of the Netherlands; e) e) “Sentencing State” means the State in which the sentence was imposed on the person. With regard to the Kingdom of the Netherlands, “sentencing State” means the Netherlands, Aruba, Curaçao or Sint Maarten, in whichever of these parts of the Kingdom sentencing takes place; f) f) “Administering State” means the State to which the sentenced person may be or has been transferred in order to serve his sentence. With regard to the Kingdom of the Netherlands, “administering State” means the Netherlands, Aruba, Curaçao or Sint Maarten, in whichever of these parts of the Kingdom the sentenced person has his principal residence, unless otherwise stipulated by this Convention; g) g) “the Ministry of Justice”: in the Republic of Cuba, the Ministry of Justice and in the Kingdom of the Netherlands, the Ministry of Security and Justice of the Netherlands, the Ministry of Justice of Aruba, the Ministry of Justice of Curaçao or the Ministry of Justice of Sint Maarten, in whichever of these parts of the Kingdom the sentenced person has his principal residence, or where sentencing takes place.
Artikel 2
1. The Parties undertake, subject to the conditions laid down in this Convention, to afford each other the widest measure of cooperation in respect of the transfer of sentenced persons and the enforcement of sentences imposed by judgments.
2. A person sentenced in the territory of a Party may be transferred to the territory of the other Party, in accordance with the provisions of this Convention, in order to serve the sentence imposed on him. To that end, the sentenced person or his legal representative may express his interest to the sentencing State or to the administering State in being transferred under this Convention.
3. Transfer may be requested by either the sentencing State or the administering State.
Artikel 3
1.
The sentenced person may be transferred under this Convention only on the following conditions:
a) a) if he is a national of the Party on whose territory the sentence is to be enforced; b) b) provided the offence in question is not a political offence or of a strictly military nature, or an offence affecting the security of the State; c) c) if the judgment is final and enforceable; d) d) if, at the time of receipt of the request for transfer, at least six months of the sentence remains to be served; e) e) 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 State or would constitute a criminal offence if committed on its territory; f) f) if he consents to the transfer; g) g) if he has complied with every financial obligation arising from the sentence, or if, in the opinion of the sentencing State, he has sufficiently demonstrated his inability to comply with any such obligation; this does not apply to sentenced persons who have duly established that they are insolvent; and h) h) if the sentencing and administering States agree to the transfer.
2. In exceptional cases, the sentencing State and the administering State may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1 d).
Artikel 4
1. Any sentenced person to whom this Convention may apply shall be informed by the sentencing State of the substance of this Convention.
2. If the sentenced person has expressed an interest to the sentencing State in being transferred under this Convention, that State shall so inform the administering State as soon as practicable after the judgment has become final and enforceable.
3.
The notification shall include the following information:
a) a) the name, date and place of birth of the sentenced person; b) b) his address, if any, in the administering State; c) c) a statement of the facts upon which the sentence was based; d) d) the nature, duration and date of commencement of the sentence; e) e) the relevant file or case number, the name of the trial court and a factual description of the offences committed.
4. If the sentenced person has expressed his interest to the administering State in being transferred under this Convention, the sentencing State shall, on request, communicate to that State the information referred to in paragraph 3 a) to d) of this Article.
5. The sentenced person shall be informed, in writing, of any action taken by the sentencing State or by the administering State under the preceding paragraphs, as well as of any decision taken by either State on a request for transfer.
Artikel 5
1. Requests under this Convention and the replies thereto shall be made in writing. Electronic means of communication may be used under conditions allowing the receiving State to establish its authenticity and provided that a written record is made.
2. Requests shall be addressed by the Ministry of Justice of the requesting State directly to the Ministry of Justice of the requested State. Replies to the requests, as well as any other correspondence between the two States in relation to the requests, shall also be made directly between the Ministries of Justice.
Artikel 6
1.
The administering State, if requested by the sentencing State, shall furnish it with:
a) a) a document or statement indicating that the sentenced person is a national of that State; b) b) a copy of the relevant law of the administering State which provides that the acts or omissions on account of which the sentence has been imposed in the sentencing State constitute a criminal offence according to the law of the administering State, or would constitute a criminal offence if committed on its territory; c) c) a statement containing the information mentioned in Article 8, paragraph 2.
2.
If a transfer is requested, the sentencing State shall provide the following documents to the administering State, unless either State has already indicated that it will not agree to the transfer:
a) a) a certified copy of the judgment and the law on which it is based; b) 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) c) a document, of whatever nature, containing the express consent of the sentenced person or of his legal representative if the person is a minor or if his mental or physical state requires that he be represented; d) d) where appropriate, any medical or social reports on the sentenced person, information about his behaviour during detention and his treatment in the sentencing State, and any recommendation for his further treatment in the administering State; e) e) the applicable provisions on possible early release or release on parole, or any decision on early release related to the execution of the judgment that is the subject of the request; f) f) if such a request is made, any other additional information which might be useful to the authorities of the administering State in effecting the transfer.
3. Either State may ask to be provided with any of the documents or statements referred to in paragraphs 1 or 2 of this Article before making a request for transfer or taking a decision on whether or not to agree to the transfer.
Artikel 7
1. The taking into charge of the sentenced person by the authorities of the administering State shall have the effect of suspending the enforcement of the sentence in the sentencing State.
2. The sentencing State may no longer enforce the sentence if the administering State considers enforcement of the sentence to have been completed.
Artikel 8
1.
The competent authorities of the administering State shall:
a) a) continue the enforcement of the sentence immediately or through a court or administrative order, under the conditions set out in Article 9; or b) b) convert the sentence, through a judicial or administrative procedure, into a decision of that State, thereby substituting for the sanction imposed in the sentencing State a sanction prescribed by the law of the administering State for the same offence, under the conditions set out in Article 10.
2. The administering State, if requested, shall inform the sentencing State before the transfer of the sentenced person as to which of these procedures it will follow.
3. The enforcement of the sentence shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions. The administering State may, when deciding on early release or release on parole, also take account of the provisions or decisions referred to in Article 6, paragraph 2 e).
Artikel 9
1. In the case of continued enforcement, the administering State shall be bound by the legal nature and duration of the sentence as determined by the sentencing State.
2. If, however, this sentence is by its nature or duration incompatible with the law of the administering State, or its law so requires, that State may, by a court or administrative order, 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 by the sentencing State, nor exceed the maximum prescribed by the law of the administering State.
Artikel 10
1.
In the case of conversion of sentence, the procedures provided for by the law of the administering State apply. When converting the sentence, the competent authority:
a) a) shall be bound by the findings as to the facts insofar as they appear explicitly or implicitly from the judgment imposed in the sentencing State; b) b) may not convert a sanction involving deprivation of liberty to a pecuniary sanction; c) c) shall deduct the full period of deprivation of liberty already served by the sentenced person; and d) d) shall not aggravate the penal position of the sentenced person, and shall not be bound by any minimum which the law of the administering State may provide for the offence or offences committed.
2. If the conversion procedure takes place after the transfer of the sentenced person, the administering State shall keep that person in custody or take other measures to ensure his presence in the administering State, pending the outcome of that procedure.
Artikel 11
Both the sentencing State and the administering State may grant a pardon, amnesty or commutation of the sentence in accordance with its Constitution or other laws.
Artikel 12
The sentencing State alone shall have the right to decide on any application or proceedings for review of the judgment.
Artikel 13
The administering State shall terminate enforcement of the sentence as soon as it is informed by the sentencing State of any decision or measure as a result of which the sentence ceases to be enforceable.
Artikel 14
The administering State shall provide information to the sentencing State concerning the enforcement of the sentence:
a) a) when the former considers enforcement of the sentence to have been completed in full; b) b) if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or c) c) if the sentencing State requests a special report.
Artikel 15
1. The sentenced person may not be transferred to the administering State until he has paid any civil compensation as stipulated in the judgment.
2. Paragraph 1 shall not apply if the sentencing State has sent a declaration or has stated in some way that the sentenced person is not able to pay the compensation for damage and loss.
Artikel 16
1. The administering State is responsible for surveillance and transport of the sentenced person from the sentencing State to the administering State. To this end, the competent authorities of the administering State shall take over responsibility for the sentenced person at a location in the sentencing State agreed by both States.
2. At the time when the sentenced person is transferred, the competent authorities of the sentencing State shall provide the competent authorities of the administering State, who are taking over responsibility for the sentenced person, with a document addressed to the Ministry of Justice of the administering State in which they have recorded the time served by the person in question in the sentencing State as well as, where applicable, the time deducted from his sentence for good behaviour or other merits while being in detention.
Artikel 17
1. The notifications and information referred to in Articles 5, 13 and 14 shall be furnished in the language of the Party to which they are addressed. The supporting documents for a request as referred to in Article 6 must be accompanied by translations into the language of the Party to which they are addressed.
2. Except as provided for in Article 6, paragraph 2 a), documents transmitted in application of this Convention need not be certified and are exempt from legalisation.
3. Any costs incurred in the application of this Convention shall be borne by the administering State, except costs incurred exclusively in the territory of the sentencing State.
Artikel 18
1. This Convention shall enter into force thirty (30) days after the date of receipt of the final notification in which the Parties inform each other, through diplomatic channels, that they have fulfilled the requirements of their domestic legislation, and shall remain in force indefinitely.
2. With regard to the Kingdom of the Netherlands, this Convention shall apply to the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, unless the notification referred to in paragraph 1 of this Article provides otherwise. In the latter case the Kingdom of the Netherlands may extend the application of this Convention at any time to one or more of its constituent parts by notification to the Republic of Cuba through diplomatic channels.
Artikel 19
This Convention shall be applicable to the enforcement of sentences imposed either before or after the date of its entry into force.
Artikel 20
1. Either Party may at any time denounce this Convention by means of written notification to the other Party through diplomatic channels. Denunciation shall become effective one year after the date of receipt of such notification.
2. Subject to the period mentioned in paragraph 1 of this Article, the Kingdom of the Netherlands and the Republic of Cuba shall be entitled to terminate the application of this Convention separately in respect of any of the constituent parts of the Kingdom of the Netherlands.