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- Additional Protocol to the Convention on the Transfer of Sentenced Persons (Strasbourg, 18.XII.1997)
- Article 3 - Sentenced Persons Subject to an Expulsion or Deportation Order
Article 3 - Sentenced Persons Subject to an Expulsion or Deportation Order
Article 3 - Sentenced Persons Subject to an Expulsion
or Deportation Order
1. Upon being requested by the sentencing State, the administering State may, subject to the provisions of this article, agree to the transfer of a sentenced person without the consent of that person, where the sentence passed on the latter, or an administrative decision consequential to that sentence, includes an expulsion or deportation order or any other measure as the result of which that person will no longer be allowed to remain in the territory of the sentencing State once he or she is released from prison.
2. The administering State shall not give its agreement for the purposes of paragraph 1 before having taken into consideration the opinion of the sentenced person.
3. For the purposes of the application of this article, the sentencing State shall furnish the administering State with:
a) a declaration containing the opinion of the sentenced person as to his or her proposed transfer, and
b) a copy of the expulsion or deportation order or any other order having the effect that the sentenced person will no longer be allowed to remain in the territory of the sentencing State once he or she is released from prison.
4. Any person transferred under the provisions of this article shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order, for any offence committed prior to his or her transfer other than that for which the sentence to be enforced was imposed, nor shall he or she for any other reason be restricted in his or her personal freedom, except in the following cases:
a) when the sentencing State so authorises: a request for authorisation shall be submitted, accompanied by all relevant documents and a legal record of any statement made by the convicted person; authorisation shall be given when the offence for which it is requested would itself be subject to extradition under the law of the sentencing State or when extradition would be excluded only by reason of the amount of punishment;
b) when the sentenced person, having had an opportunity to leave the territory of the administering State, has not done so within forty-five days of his or her final discharge, or if he or she has returned to that territory after leaving it.
5. Notwithstanding the provisions of paragraph 4, the administering State may take any measures necessary under its law, including proceedings in absentia, to prevent any legal effects of lapse of time.
6. Any contracting State may, by way of a declaration addressed to the Secretary General of the Council of Europe, indicate that it will not take over the execution of sentences under the circumstances described in this article.