The Government of Malta and the Great Socialist People's Libyan
Arab Jamahariya,
Desirous of further developing international 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 should be given the
opportunity to serve their sentences within their own society;
And considering that this aim can best be achieved by having
them transferred to their own country.
Have agreed as follows:
Article 1 Definitions
For the purpose 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. "sentencing State" means the State in which
the sentence was imposed on the person who may be, or has
been, transferred;
c. "administering 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
The Parties undertake to afford each other the widest measure
of co-operation in respect of the transfer of sentence persons
in accordance with the provisions of this Agreement.
A person sentence 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 of
the sentencing State or to the administering State in being
transferred under this Agreement.
Transfer may be requested by either the sentencing State of
the administering 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 administering State;
b) if the judgement is final;
c) 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;
d) 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 States considers it necessary, by the sentenced
person's legal representative;
e) if the penalised act is considered a crime in both countries;
and
f) if the sentencing and administering 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 l.c.
Article 4 Obligation to Furnish Information
1. Any sentenced person to whom this Agreement may apply shall
be informed by the sentencing State of the substance of this
Agreement.
2. If the sentenced person has expressed an interest to the
sentencing State in being transferred under this Agreement,
that State shall so inform the administering 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 administering
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
administering State, the sentencing 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 sentencing State or the administering
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 Justice
or the Secretariat of Justice of the requesting State to the
Ministry of Justice or the Secretariatof Justice 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 agree to the requested
transfer.
Article 6 Supporting Documents
1. The administering State, if requested by the sentencing
State, shall furnish it with:
a. document or statement indicating that the sentenced person
is a national of that State;
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.
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 certified copy of the judgement and of 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 Article 3.1; and
d. whenever
appropriate, any medical or social reports on the sentenced
person, information
about his treatment in the sentencing State, and any recommendation
for his further treatment in the administering 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.
Article 7 Consent and its Verification
1. The sentencing 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 sentencing State.
2. The sentencing State shall afford an opportunity to the
administering State to verify, through a consul or other official
agreed by both states, that the consent is given in accordance
with the conditions set out in paragraph 1 above.
Article 8 Effect of Transfer for Sentencing State
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.
Article 9 Effect of Transfer for Administering State
1. The competent authorities of the administering State shall
continue the enforcement of the sentence immediately or through
a court or administrative order, under the conditions set out
in Article 10.
2. 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.
Article 10 Continued Enforcement
1. 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 in the sentencing
State, nor exceed the maximum prescribed by the law of the
administering State.
Article 11 Pardon, Amnesty, Commutation
Each party may grant pardon, amnesty or commutation of the
sentence in accordance with its laws.
Article 12 Review of Judgement
The sentencing State alone shall have the right to decide
on any application for review of the judgement.
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 the sentence
ceases to be enforceable.
Article 14 Information on Enforcement
1. The administering State shall provide information to the
sentencing 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 sentencing State requests a special report.
2. The administering State shall, at any time, afford every
opportunity to the sentencing State to verify, through a consul or
other official agreed upon with the administering State, the
course of the enforcement of the sentence.
Article 15 Language and Costs
1. Information under Article 4, paragraphs 2 and 3, shall
be furnished in Maltese or English or in Arabic.
2. Requests for transfer and all supporting documents shall
be in Maltese or English or in Arabic.
3. Except as provided in Article 6.2.a and b documents transmitted
in application of this Agreement need not be certified.
4. Any costs incurred in the application of this Agreement
shall be borne by the administering State, except costs incurred
exclusively in the territory of the sentencing State.
Article 16 Temporal Application
This agreement shall be applicable to the enforcement of
sentences imposed either before or after its entry into force.
Article 17 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 18 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 forth month the date of notification.
3. This Agreement shall, however, continue to apply to the
enforcement of sentences of persons who have been transferred
in conformity
with the provisions of the Agreement before the date of its
denunciation.
Article 19 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.
Done on the 14th October, 1994, corresponding to 14 Al-Tumur
1423 b.p., at Valletta, Malta, in the English and Arabic languages
both texts being equally authentic.
|
