The Government of Malta and the Government of the Arab Republic
of Egypt,
Desirous the further developing of co-operation
in the field of criminal law;
Considering that such co-operation should further the ends
of justice and the social rehabilitation of sentenced persons;
Considering that these objectives require that nationals of
either state who are deprived of their liberty as a result
of their commission of a criminal offence may be given
the opportunity to serve their sentences within their own society;
Have agreed as follows:
Article 1 Definitions
For the purpose of this Agreement:
(a) "judgement means a decision or order of a court
or tribunal imposing a sentence;
(b) "sentence" means any punishment or measure
involving deprivation of liberty ordered by a judgement for
a limited or unlimited period of time on account of a criminal
offence;
(c) "transferring State" means the State in which
the sentence was imposed on the person who may be, or has
been, transferred;
(d) "receiving state" means the State to which
the sentenced person may be, or has been, transferred in
order to serve his sentence.
Article 2 General Principles
A person sentenced in the territory of one Party may be transferred
to the territory of the other Party in accordance with the
provisions of this Agreement in order to serve the sentence
imposed on him. To that end he may express his interest to
the transferring State or to the receiving State in being
transferred under this
Agreement.
Transfer may be requested by either the transferring State
or the receiving State.
Article 3 Conditions for Transfer
1. A sentenced person may be transferred under this Agreement
only on the following conditions:
(a) if that person is a national of the receiving State;
(b) if the judgement is final, or the prisoner has waived
any rights of appeal;
(c) 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;
(d) consent to the transfer is given by the sentenced person
or, where in view of his age or his physical or mental condition
either Party considers it necessary,
by a person authorised to act on his behalf;
(e) the acts acts or omissions on account of which the sentence
has been imposed constitute a criminal offence according
to the law of the receiving State or would constitute a criminal
offence if committed on its territory; and
(f) the transferring and receiving States agree to the
transfer.
2. In exceptional cases, the Parties may agree to a transfer
even if the time to be served by the sentenced person is less
than specified in paragraph (1)(c) of this Article.
Article 4 Obligation to Furnish Information
1. Any sentenced person to whom this Agreement may apply shall
be informed by the transferring State of the substance of this
Agreement.
2. If the sentenced person has expressed an interest to the
transferring State in being transferred under this Agreement,
that State shall so inform the receiving State as soon
as practicable after the judgement becomes final.
The information shall include:
(a) the name, date and place of birth of
the sentenced person;
(b) his address, if any, in the receiving
state;
(c) a statement of the facts upon which
the sentence was based;
(d) the nature, duration and date of commencement
of the sentence.
3. If the sentenced person has expressed his interest to the
receiving State, the transferring State shall, on request,
communicate to that State the information referred to in paragraph
2 above.
4. The sentenced person shall be informed, in writing, of
any action taken by the transferring State or the receiving
State under the preceding paragraphs, as well as of any decision
taken by either State 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 of the requesting
State to the competent Ministry of the requested State. Replies
shall be communicated through the same channels.
3. The requested State shall promptly inform the requesting
State of its decision whether or not to agree to the requested
transfer.
Article 6 Supporting Documents
1. The receiving State, if requested by the transferring
State, shall furnish it with the following documents:
(a) a copy of the relevant law of the receiving State which
provides that the acts or omissions on account of which the
sentence has been imposed in the transferring State constitute
a criminal offence according to the law of the receiving
State, or would constitute a criminal offence if committed
on its territory;
(b) a statement of any relevant law or regulation relating
to the prisoner's detention in the receiving State after
his transfer;
(a) document or statement indicating that the sentenced
person is a national of that State.
2. If a transfer is requested, the transferring State shall
provide the following documents to the receiving State,
unless either State has already indicated that it will not
agree to the transfer:
(a) a certified copy of the judgement 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,
remission, and any other factor relevant to the enforcement
of the sentence;
(c) a declaration containing the consent
to the transfer as referred to in Articles 3(1)(d) and 3(1)(f);
and
(d) whenever appropriate, any medical or social reports
on the sentenced
person, information
about his treatment in the transferring State, and any recommendation
for his further treatment in the receiving State.
3. Either Party may ask to be provided with any of the documents
or statements referred to in paragraphs (1) and (2) above before
making a request for transfer or taking a decision on whether
or not to agree to the transfer.
4. Except where a request is made to the contrary and except
as provided in paragraph 2(a) of this Article documents transmitted
in application of this Agreement need not be certified.
Article 7 The Verification of Consent
1. The transferring State shall ensure that the person required
to give consent to the transfer in accordance with Article
3(1)(d) 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 transferring State.
2. The transferring State shall afford an opportunity to the
receiving State to verify, through a Consul or other person
agreed upon with the receiving State, that the
consent is given in accordance with the conditions set out
in paragraph
1 above.
Article 8 Handover of prisoners and effect of transfer
for transferring State
1. The delivery of the sentenced person by the transferring
State to the receiving State shall occur at a place to be agreed
upon between the transferring and receiving States. The receiving
State shall be responsible for the transport of the prisoner
from the transferring State and shall also be responsible for
the custody of the sentenced person outside the territory of
the transferring State.
2. The taking into charge of the sentenced person by the
authorities of the receiving State shall have the effect of
suspending
the enforcement of the sentence in the transferring State.
3. The transferring State may no longer enforce the sentence
if the receiving State considers enforcement of the sentence
to have been completed.
Article 9 Effect of Transfer for receiving State
1. The competent authorities of the receiving State shall
continue the enforcement of the sentence immediately or through
a judicial or administrative order as provided for by the law
of the receiving State, under the conditions set out in Article
10.
2. The enforcement of the sentence shall be governed by the
law of the receiving State, and that State alone shall be
competent to take all appropriate decisions.
Article 10 Enforcement of Sentence
1. Subject to paragraph 2 of this Article, the receiving
State shall be bound by the legal nature and duration of the
sentence
as
determined
by
the transferring
State.
2. If, however, this sentence is by its nature or duration
incompatible with the law of the receiving State, or its law
so requires,
that State may 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 in the transferring
State, nor exceed the maximum prescribed by the law of the
receiving State.
3. A sentenced person transferred under this Agreement shall
not be tried or sentenced in the receiving State for the acts
or omissions on account of which the sentence was imposed in
the transferring State, and shall not be detained for those
acts or omissions except in accordance with this Agreement.
Article 11 Pardon, Amnesty, Commutation
Unless the transferring and receiving States agree otherwise,
the transferring State alone may grant pardon, amnesty or commutation
of the sentence in
accordance
with its
Constitution or other laws.
Article 12 Review of Judgement
The transferring State alone shall have the right to decide
on any application for review of the judgement.
Article 13 Termination of Enforcement
The receiving State shall terminate enforcement of the
sentence as soon as it is informed by the transferring State
of any decision or measure as a result of which the sentence
ceases to be enforceable.
Article 14 Information on Enforcement
The receiving State shall provide information to the
transferring State 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 transferring State requests a special report.
Article 15 Transit
1. Subject to paragraph 2 of this Article, if either Party
enters into arrangements for the transfer of sentenced persons
with any third State, the other Party to this Agreement shall,
to the extent possible under its own laws, co-operate in facilitating
the transit through its territory of sentenced persons being
transferred pursuant to such arrangements. The Party intending
to make such a transfer shall give advance notice to the other
Party of such transit.
2. Either Party may refuse to grant transit:
(a) if the sentenced person is one of its nationals; or
(b) if the offence for which the sentence was imposed is not
an offence under its own law.
Article 16 Language and Costs
1. Information under paragraphs 2 and 3 of Article 4 shall
be furnished in Maltese or in Arabic, with a translation into
English or French.
2. Requests for transfer and all supporting documents shall
be in Maltese or in Arabic, with a translation into English
or French.
Any costs incurred in the application of this Agreement shall
be borne by the requesting State, except costs incurred
exclusively in the territory of the transferring State. The requesting
State may, however, seek to recover all or part of the costs
of transfer from the sentenced person.
Article 17 Temporal Application
This agreement shall be applicable to the enforcement of
sentences imposed either before or after its entry into force.
Article 18 Relationship to other Conventions and
Agreements
This Agreement does not affect the rights and undertaking of
the Parties which may be derived from extradition treaties
and other treaties on international co-operation in criminal
matters providing for the transfer of detained persons for
purposes of testimony.
Article 19 Denunciation
1. Either Party may at any time denounce this Agreement by
means of a notification addressed to the other Party.
2. Such denunciation shall be effective as from the first
day of the fourth month following the date of notification.
3. This Agreement shall, however, continue to apply to the
enforcement of sentences of sentenced persons who have been
transferred in conformity
with the provisions of the Agreement before the date of its
denunciation.
Article 20 Entry into Force
This Agreement is subject to ratification by the relevant
authorities of both sides and shall come into force thirty
days from the date of the relative exchange of documents.
In witness whereof the undersigned, being duly authorised
thereto by their respective Governments, have signed this Agreement.
Done in duplicate in Cairo, Arab Republic of Egypt, this
26th May 2001 in the English and Arabic languages. In any case
of dispute, the English text will be the authoritative version.
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