TREATY BETWEENJAPAN AND THE ISLAMIC REPUBLIC OF IRAN
ON THE TRANSFER OF SENTENCED PERSONSTREATY BETWEENJAPAN AND THE ISLAMIC REPUBLIC OF IRAN
ON THE TRANSFER OF SENTENCED PERSONSJapan and the Islamic Republic of Iran (hereinafterreferred to as “the Parties”);
Desiring to further promote international co-operationin the field of enforcement of sentences;
Considering that such co-operation should further theends of justice and the social rehabilitation of sentenced
persons;
Considering that these objectives require that persons
who are deprived of their liberty outside their own country
as a result of their commission of a criminal offence
should be given the opportunity to serve their sentences
within their own society; andConsidering that this aim can best be achieved byhaving them transferred to their own country;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Treaty:(a)“sentence” means any punishment involving
deprivation of liberty ordered by a court for alimited or unlimited period of time on account ofa criminal offence;(b)“sentenced person” means a person on whom thesentence has been imposed in the territory ofeither Party;(c)“judgment” means a decision of a court imposing asentence;(d)“sentencing State” means the Party in which thesentence has been imposed on the person who may
be, or has been, transferred; and(e)“administering State” means the Party to which
the sentenced person may be, or has been,transferred in order to serve his or her
sentence.

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1 -Article 2
General principles
1.
Each Party undertakes to afford the other Party thewidest measure of co-operation in respect of the transfer
of sentenced persons in accordance with the provisions of
this Treaty.
2.
A sentenced person may be transferred from theterritory of the sentencing State to the territory of theadministering State, in accordance with the provisions of
this Treaty, in order to serve the sentence imposed on him
or her. To that end, the sentenced person may express hisor her interest to the sentencing State or to theadministering State in being transferred under this Treaty.
3.
Transfer may be requested by either the sentencing
State or the administering State.
Article 3
Conditions for transfer1.
A sentenced person may be transferred under thisTreaty only on the following conditions:(a)where Japan is the administering State, thesentenced person is a Japanese national or any
other person who falls within the scope of its
law on transnational transfer of sentenced
persons;
where the Islamic Republic of Iran is theadministering State, the sentenced person is an
Iranian national as defined in the Iranian Civil
Code;

(b)

if the judgment is final;(c)if, at the time of receipt of the request fortransfer, the sentenced person still has at least
six months of the sentence to serve;(d)if the transfer is consented to by the sentenced
person;(e)

if the acts or omissions on account of which thesentence has been imposed constitute a criminal
offence according to the law of the administeringState or would constitute a criminal offence if
committed on its territory; and- 2
2 -

(f)

if the sentencing State and the administeringState agree to the transfer.

2.
The Parties may agree to a transfer even if the timeof the sentence to be served by the sentenced person isless than that specified in sub-paragraph (c), paragraph 1above.
Article 4
Refusal to transfer
A request for the transfer of a sentenced person may
be refused if the transfer of the sentenced person may
prejudice sovereignty, security, public order or otheressential interests of either Party.
Article 5
Obligation to furnish information
1.
Any sentenced person to whom this Treaty may apply
shall be informed by the sentencing State of the substanceof this Treaty.
2.
If the sentenced person has expressed an interest to
the sentencing State in being transferred under thisTreaty, the sentencing State shall so inform theadministering State promptly after the judgment becomes
final.
3.

The information shall include:(a)the full name, date and place of birth of thesentenced person;(b)

his or her address, if any, in the administeringState;(c)a statement of the facts upon which the sentence
was based; and(d)the nature, duration and date of commencement of
the sentence.

4.
The sentencing State shall, on request from theadministering State, communicate to the administering Statethe information referred to in paragraph 3 above.
5.
The sentenced person shall be informed, in writing, ofany action taken by the sentencing State or by theadministering State under the preceding paragraphs of thisArticle, as well as of any decision taken by either Stateon a request for his or her transfer.

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3 -Article 6
Requests and replies
1.
Requests for transfer and replies shall be made inwriting.
2.
Requests shall be addressed by the competent authorityof the requesting State to the competent authority of therequested State, and shall be submitted to the requested
State through the diplomatic channel. Replies shall be
communicated through the same channel.
3.
For the purpose of this Article, for Japan, thecompetent authority shall be the Ministry of Justice andfor the Islamic Republic of Iran, the competent authority
shall be the Ministry of Justice.
4.
The requested State shall promptly inform therequesting State of its decision on whether or not to agree
to the requested transfer.
Article 7
Supporting documents
1.
The administering State, if requested by thesentencing State, shall furnish it with:(a)a document or statement indicating that thesentenced person is a national of theadministering State, or, where Japan is theadministering State, any other person as provided
for in sub-paragraph (a), paragraph 1 of Article
3; and(b)a copy of the relevant law of the administeringState which provides that the acts or omissions
on account of which the sentence has been imposedin the sentencing State constitute a criminal
offence according to the law of the administeringState, or would constitute a criminal offence if
committed on its territory.

2.
If a transfer is requested, the sentencing State shallprovide the following documents to the administering State,
unless either State has already notified the other State inaccordance with paragraph 2 of Article 6 that it will not
agree to the transfer:(a)a copy of the judgment and the law on which it isbased;- 44 -(b)a statement indicating how much of the sentence
has already been served, including information on
any pre-trial detention, remission, and any otherfactor relevant to the enforcement of thesentence;(c)a statement containing the consent to thetransfer as referred to in sub-paragraph (d),paragraph 1 of Article 3; and(d)whenever appropriate, any medical or social
reports on the sentenced person, information
about his or her treatment in the sentencing
State, and any recommendation for his or her
further treatment in the administering State.

3.
Either State may ask to be provided with any of thedocuments or statements referred to in paragraph 1 or 2
above before making a request for transfer or taking adecision on whether or not to agree to the transfer.
Article 8Consent and its verification
1.
The sentencing State shall ensure that the sentenced
person who gives consent to the transfer in accordance with
sub-paragraph (d), paragraph 1 of Article 3 does sovoluntarily and with full knowledge of the legal
consequences thereof. The procedure for giving suchconsent shall be governed by the law of the sentencing
State.
2.
The sentencing State shall afford an opportunity to
the administering State to verify through a consul or otherofficial designated by the administering State, that theconsent is given in accordance with the conditions set out
in paragraph 1 above.
Article 9
Effect of transfer for sentencing State1.
The taking into charge of the sentenced person by theauthorities of the administering State shall have theeffect of suspending the enforcement of the sentence in thesentencing State.
2.
The sentencing State may no longer enforce thesentence if the administering State considers enforcementof the sentence to have been completed.

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Article 10
Effect of transfer for administering State1.
The administering State shall continue the enforcementof the sentence by taking necessary measures in accordancewith its laws and regulations.
2.
The continued enforcement of the sentence after thetransfer shall be governed by the laws and regulations of
the administering State, including those governing
conditions for service of imprisonment or other form ofdeprivation of liberty and those providing for thereduction of the term of imprisonment or other form ofdeprivation of liberty by parole or otherwise.
3.
The administering State shall be bound by the legal
nature and duration of the sentence as determined by thesentencing State.
4.
If, however, this sentence is by its nature orduration incompatible with the law of the administeringState, or its law so requires, that State may, by taking
necessary measures in accordance with its laws andregulations, adapt the sanction imposed in the sentencing
State to a sanction prescribed by its own law for a similar
offence. As to its nature and duration, the adaptedsanction shall, as far as possible, correspond with thesanction imposed in the sentencing State. It shall not be
severer than that imposed in the sentencing State, in termsof nature and duration.
Article 11Pardon, amnesty, commutation
Each Party may grant pardon, amnesty or commutation of
the sentence in accordance with its Constitution, laws andregulations.
Article 12
Review of judgment
The sentencing State alone shall have the right todecide on any application for review of the judgment.
Article 13
Termination of enforcement
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 thesentence ceases to be enforceable.

- 66 -Article 14
Information on enforcement
The administering State shall provide information to
the sentencing State concerning the enforcement of thesentence:(a)when it considers enforcement of the sentence tohave been completed;(b)

if the sentenced person has escaped from custody
before enforcement of the sentence has been
completed; or(c)if the sentencing State requests a special report
regarding the enforcement of the sentence.
Article 15
Language and costs

1.
Request for the transfer and information and documents
referred to in paragraphs 2 to 4 of Article 5 and Article 7
shall be furnished in the language of the Party to which itis addressed or in English.
2.
Any costs incurred in the application of this Treaty
shall be borne by the administering State, except costs
incurred exclusively in the territory of the sentencingState. The administering State may, however, seek torecover all or part of the expenses of the transfer fromthe sentenced person.
Article 16Consultations
1.
The Parties shall consult, at the request of either
Party, concerning the interpretation and the application ofthis Treaty.
2.
Either Party may at any time request consultations
with the other Party for the purpose of amending thisTreaty.
3.
Each Party shall notify the other Party of any
modification of its law as referred to in sub-paragraph(a), paragraph 1 of Article 3.

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7 -Article 17
Entry into force and termination1.
This Treaty shall enter into force on the thirtieth
day after the date on which the Parties exchange diplomatic
notes informing each other that their respective
constitutional requirements necessary to give effect tothis Treaty have been complied with.
2.
This Treaty shall be applicable to the enforcement ofsentences imposed either before or after its entry intoforce.
3.
Either Party may terminate this Treaty at any time bynotice in writing to the other Party through the diplomaticchannel. Termination shall take effect on the one hundredand eightieth day after the date on which the notice isgiven.
4.
This Treaty shall continue to apply to the enforcementof sentences of sentenced persons who have been transferredin conformity with the provisions of this Treaty prior tothe date of termination.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed
this Treaty.
Done in duplicate in the Japanese, Persian and English
languages, all texts being equally authentic, and signed at
Tokyo on the ninth day of the first month in the twentyseventh year of Heisei, corresponding to the nineteenth dayof Day 1393 of Iranian Calendar and the ninth day ofJanuary, 2015, and signed at Teheran on the tenth day of
the first month in the twenty-seventh year of Heisei,
corresponding to the twentieth day of Day 1393 of IranianCalendar and the tenth day of January, 2015. In case ofany divergence of interpretation, the English text shallprevail.

For Japan:

For the Islamic Republic of Iran:‫ﻣﺼﻄﻔﯽ ﭘﻮرﻣﺤﻤﺪی‬岸田文雄- 88 -