Tengrinews.kz – Deputies of the Mazhilis have adopted laws ratifying three agreements with Peru at once. The documents concern extradition, mutual legal assistance in criminal matters, and the transfer of convicted persons.
On mutual legal assistance in criminal matters
The mutual legal assistance treaty provides for a wide range of measures.
“Mutual legal assistance envisages the implementation of a number of measures, including the provision of information, identification of persons, search operations, conducting searches and interrogations, examinations, provision of evidence and other forms of assistance stipulated by the national legislation of the parties,” said Mazhilis deputy Danabek Isabekov.
On the transfer of convicted persons
A separate treaty regulates the procedure for the transfer of convicted persons. Under the document, a person sentenced to imprisonment in the territory of one country may be transferred to the state of which they are a citizen to serve their sentence.
“The main purpose of the treaty is to establish effective cooperation on determining the procedure and conditions for the transfer of persons sentenced to imprisonment so they can serve their sentence in their country of citizenship. Under the treaty, a person convicted in the territory of one party may be transferred to the territory of the other to serve the imposed sentence,” Isabekov explained.
Extradition of suspects
The third treaty concerns the surrender of suspects. It sets out the grounds for extradition and for refusal to extradite.
“The treaty is aimed at establishing cooperation between the parties in terms of surrendering any persons located in their territories who are wanted for criminal prosecution or for the execution of a court sentence that has entered into legal force, for offenses that give rise to extradition,” Isabekov said.
The treaty provides specific grounds for extradition and for refusal to extradite. The main condition for extradition is the commission of a criminal offense which, under the legislation of the parties, is punishable by imprisonment for a term of at least one year or by a more severe penalty.
“Extradition is not carried out if the offense for which extradition is requested is regarded by the requested party as a political offense, or if the extradition request is made for the purpose of prosecuting or punishing a person on the grounds of race, religion, nationality or other similar grounds,” the MP concluded.
It was previously reported that Kazakhstan and Peru will exchange prisoners. In this regard, the General Prosecutor’s Office stated that recently some citizens of Kazakhstan who have broken the law have been attempting to hide in Latin American countries.