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Tengrinews.kz – Kazakhstan and Morocco have signed an agreement on the exchange of convicted persons. This means that a person convicted of a crime in one of the two countries may serve their sentence in their home country, provided that both sides consent. The Kazakh Senate approved the corresponding law today.
How the agreement works
A convicted person may be transferred if:
- The offense is punishable by at least one year of imprisonment;
- A fugitive avoiding punishment may be transferred if the remaining sentence is at least six months.
Transfer is possible only if:
- The convicted person, a citizen of Kazakhstan or Morocco, voluntarily agrees to return home;
- The act is considered a crime in both countries.
Transfer may be denied if:
- The crime is political in nature;
- The receiving country provides for the death penalty for that crime (Kazakhstan has abolished the death penalty).
Financial aspect
Implementation of the agreement will be funded by Kazakhstan’s budget, using money allocated annually to the Prosecutor General’s Office, said Senator Nurlan Beknazarov.
Expected outcomes
Beknazarov noted that the agreement will make it easier for Kazakhstan and Morocco to cooperate in matters of transferring convicted individuals.
“The expected results of ratifying the agreement are: improving the efficiency of legal cooperation between the competent authorities of both countries in transferring convicted persons to serve their sentences in their home countries; ensuring the rights of convicts; and promoting their rehabilitation and social reintegration,” said Beknazarov.
If the sentence differs from Kazakh law
According to Shakir Shayakhmetov, First Deputy Head of the Judicial Administration, Kazakh citizens convicted in Morocco and transferred home will serve their sentences in accordance with Kazakh legislation.
Transfer is possible only for crimes recognized by both the Kazakh and Moroccan criminal codes.
If the imposed sentence differs from Kazakh law, the courts will adapt it to comply with national legislation.
The convicted person has the right to appeal the sentence in higher Kazakh courts, but the Moroccan court’s verdict will not be reconsidered.
“As for appeals – they can be filed, but such cases will be reviewed by higher courts. However, our courts will not reexamine Morocco’s verdict,” added Shayakhmetov.
Context
Earlier it was reported that Kazakhstan and Peru will also exchange prisoners. The Prosecutor General’s Office noted that some Kazakh citizens who violated the law have recently attempted to hide in Latin American countries.
A similar agreement has already been signed with Brazil, and documents with Argentina and the Dominican Republic are being prepared.
Previously, the Senate also ratified a treaty between Kazakhstan and Vietnam on the transfer of convicted persons. According to the Prosecutor General’s Office, no Vietnamese citizens are currently imprisoned in Kazakhstan, and no Kazakh citizens have been convicted in Vietnam.
