Title: Suriname Rechtsinstituut

URL: https://www.sris.sr/wp-content/uploads/2018/07/Serving-Criminal-Sentences-Abroad-1993.pdf

Content:
INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD
THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES,
CONSIDERING that, according to Article 2.e of the OAS Charter, one of the essential purposes
of the Organization of American States is to "seek the solution of political, juridical and
economic problems that may arise among them";
INSPIRED BY THE DESIRE to cooperate to ensure improved administration of justice through
the social rehabilitation of the sentenced persons;
PERSUADED that to attain these ends, it is advisable that the sentenced person be given an
opportunity to serve the sentence in the country of which the sentenced person is a national;
and
CONVINCED that the way to bring about this result is to transfer the sentenced person,
RESOLVES to adopt the following Inter-American Convention on Serving Criminal Sentences
Abroad:
ARTICLE I
DEFINITIONS
For the purposes of this convention:
1. Sentencing state: means the state party from which the sentenced person would be
transferred.
2. Receiving state: means the state party to which the sentenced person would be transferred.
3. Sentence: means the final judicial decision imposing, as a penalty for the commission of a
criminal offense, imprisonment or a term of parole, probation, or other form of supervision
without imprisonment. A sentence is understood to be final when no ordinary legal appeal
against the conviction or sentence is pending in the sentencing state and the period for its
appeal has expired.
4. Sentenced person: means the person who is to serve or is serving a sentence in the territory
of a state party.
ARTICLE II
GENERAL PRINCIPLES
In accordance with the provisions of this convention:
a. a sentence imposed in one state party upon a national of another state party may be served
by the sentenced person in the state of which he or she is a national; and
b. the states parties undertake to afford each other the fullest cooperation in connection with the
transfer of sentenced persons.
ARTICLE III
CONDITIONS FOR THE APPLICATION OF THIS CONVENTION
This convention shall be applicable only under the following conditions:
1. The sentence must be final, as defined in Article 1.3 of this convention.

2. The sentenced person must consent to the transfer, having been previously informed of the
legal consequences thereof.
3. The act for which the person has been sentenced must also constitutes a crime in the
receiving state. For this purpose, no account shall be taken of differences of terminology or of
those that have no bearing on the nature of the offense.
4. The sentenced person must be a national of the receiving state.
5. The sentence to be served must not be the death penalty.
6. At least six months of the sentence must remain to be served at the time the request is made.
7. The administration of the sentence must not be contrary to domestic law in the receiving
state.
ARTICLE IV
PROVISION OF INFORMATION
1. Each state party shall inform any sentenced person covered by the provisions of this
convention as to its content.
2. The states parties shall keep the sentenced person informed as to the processing of the
transfer.
ARTICLE V
PROCEDURE FOR TRANSFER
The transfer of a sentenced person from one state to another shall be subject to the following
procedure:
1.

The request for application of this convention may be made by the sentencing state, the
receiving state, or the sentenced person. The procedures for the transfer may be initiated by the
sentencing state or by the receiving state. In these cases, it is required that the sentenced person has
expressed consent to the transfer.

2.

The request for transfer shall be processed through the central authorities indicated pursuant to
Article XI of this convention, or, in the absence thereof, through consular or diplomatic channels. In
conformity with its domestic law, each state party shall inform those authorities it considers necessary
as to the content of this convention. It shall also endeavor to establish mechanisms for cooperation
among the central authority and the other authorities that are to participate in the transfer of the
sentenced person.

3.

If the sentence was handed down by a state or province with criminal jurisdiction independent
from that of the federal government, the approval of the authorities of that state or province shall be
required for the application of this transfer procedure.

4.

The request for transfer shall furnish pertinent information establishing that the conditions of
Article III have been met.

5.

Before the transfer is made, the sentencing state shall permit the receiving state to verify, if it
wishes, through an official designated by the latter, that the sentenced person has given consent to the
transfer in full knowledge of the legal consequences thereof.

6.

In taking a decision on the transfer of a sentenced person, the states parties may consider,
among other factors, the possibility of contributing to the person's social rehabilitation; the gravity of the
offense; the criminal record of the sentenced person, if any; the state of health of the sentenced person;
and the family, social, or other ties the sentenced person may have in the sentencing state and the
receiving state.

7.

The sentencing state shall provide the receiving state with a certified copy of the sentence,
including information on the amount of time already served by the sentenced person and on the time off
that could be credited for reasons such as work, good behavior, or pre trial detention. The receiving
state may request such other information as it deems necessary.

8.

Surrender of the sentenced person by the sentencing state to the receiving state shall be
effected at the place agreed upon by the central authorities. The receiving state shall be responsible for
custody of the sentenced person from the moment of delivery.

9.

All expenses that arise in connection with the transfer of the sentenced person until that person
is placed in the custody of the receiving state shall be borne by the sentencing state.

10.

The receiving state shall be responsible for all expenses arising from the transfer of the
sentenced person as of the moment that person is placed in the receiving state's custody.

ARTICLE VI
REFUSAL OF TRANSFER REQUEST
When a state party does not approve the transfer of a sentenced person, it shall notify the
requesting state of its refusal immediately, and whenever possible and appropriate, explain its
reasons for the refusal.
ARTICLE VII
RIGHTS OF THE SENTENCED PERSON WHO IS TRANSFERRED AND MANNER OF
SERVING SENTENCE
1. A sentenced person who is transferred under the provisions of this convention shall not be
arrested, tried, or sentenced again in the receiving state for the same offense upon which the
sentence to be executed is based.
2. Except as provided in Article VIII of this convention, the sentence of a sentenced person who
is transferred shall be served in accordance with the laws and procedures of the receiving state,
including application of any provisions relating to reduction of time of imprisonment or of
alternative service of the sentence.
No sentence may be enforced by a receiving state in such fashion as to lengthen the sentence
beyond the date on which it would expire under the terms of the sentence of the court in the
sentencing state.
3. The authorities of a sentencing state may request, by way of the central authorities, reports
on the status of service of the sentence of any sentenced person transferred to a receiving state
in accordance with this convention.
ARTICLE VIII

REVIEW OF SENTENCE AND EFFECTS IN THE RECEIVING STATE
The sentencing state shall retain full jurisdiction for the review of sentences issued by its courts.
It shall also retain the power to grant pardon, amnesty, or mercy to the sentenced person. The
receiving state, upon receiving notice of any decision in this regard, must take the
corresponding measures immediately.
ARTICLE IX
APPLICATION OF THE CONVENTION IN SPECIAL CASES
This Convention may also be applicable to persons subject to supervision or other measures
under the laws of one of the states parties relating to youthful offenders. Consent for the
transfer shall be obtained from the person legally authorized to grant it.
By agreement between the parties, this convention may be applied to persons whom the
competent authority has pronounced unindictable, for purposes of treatment of such persons in
the receiving state. The parties shall, in accordance with their laws, agree on the type of
treatment to be accorded such individuals upon transfer. For the transfer, consent must be
obtained from a person legally authorized to grant it.
ARTICLE X
TRANSIT
If the sentenced person, upon being transferred, must cross the territory of a another state party
to this convention, the latter shall be notified by way of transmittal of the decision granting the
transfer by the state under whose custody the transfer is to be effected. In such cases, the state
of transit may or may not consent to the transit of the sentenced person through its territory.
Such notification shall not be necessary when air transport is used and no regular landing is
scheduled in the territory of the state party that is to be overflown.
ARTICLE XI
CENTRAL AUTHORITY
Upon signing, ratifying, or acceding to this convention, the states parties shall notify the General
Secretariat of the Organization of American States of the central authority designated to perform
the functions provided herein. The General Secretariat shall distribute to the states parties to
this convention a list of the designations it has received.
ARTICLE XII
RELATIONSHIP TO OTHER AGREEMENTS
None of the stipulations of this convention shall be construed to restrict other bilateral or
multilateral treaties or other agreements between the parties.
FINAL CLAUSES
ARTICLE XIII
This convention is open to signature by the Member states of the Organization of American
States.
ARTICLE XIV

This convention is subject to ratification. The instruments of ratification shall be deposited with
the General Secretariat of the Organization of American States.
ARTICLE XV
This convention shall remain open to accession by any other state. The instruments of
accession shall be deposited with the General Secretariat of the Organization of American
States.
ARTICLE XVI
The States may set forth reservations to this convention at such time as they approve, sign,
ratify, or accede to it, provided that the reservations are not incompatible with the object and
purpose of this convention and that they relate to one or more specific provisions.
ARTICLE XVII
This convention shall enter into force for the ratifying states on the thirtieth day following the
date on which the second instrument of ratification has been deposited.
For each state that ratifies the convention or accedes to it after the second instrument of
ratification has been deposited, the convention shall enter into force on the thirtieth day
following the day on which such states has deposited its instrument of ratification or accession.
ARTICLE XVIII
This convention shall remain in force indefinitely, but any state party may denounce it. The
denunciation shall be registered with the General Secretariat of the Organization of American
States. At the end of one year from the date of the denunciation, the convention shall cease to
be in force for the denouncing state.
However, its provisions shall remain in force for the denouncing state with respect to sentenced
persons transferred in accordance with this convention, until the respective sentences have
been served.
Requests for transfer being processed at the time the denunciation of this convention is made
will continue to be processed and executed, unless the parties agree to the contrary.
ARTICLE XIX
The original of this convention, whose texts in English, French, Portuguese, and Spanish are
equally authentic, shall be deposited with the General Secretariat of the Organization of
American States, which shall send a certified copy, for registry and publication, to the
Secretariat of the United Nations, pursuant to Article 102 of the United Nations Charter. The
General Secretariat of the Organization of American States shall notify the Member states of
that Organization and the states that have acceded to the convention of the signatures affixed,
the instruments of ratification, accession, or denunciation deposited, and the reservations set
forth, if any.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by
their respective governments, have signed this Convention, which shall be called the "InterAmerican Convention on Serving Criminal Sentences Abroad".

DONE IN THE CITY OF MANAGUA, NICARAGUA, the ninth of June in the year one thousand
nine hundred ninety-three.