30 DE MAIO DE 1986

2833

4 — No offender shall be transferred unless:

a) He is under a sentence of imprisonment for life;

6) He is serving a sentence with a definite termination date, or the authorities competent to fix such a date have so acted; or

c) He is subject to confinement, custody or supervision under the law of the Transferring State relating to juvenile offenders.

5 — The Transferring State shall furnish to the Receiving State a statement showing the offense of which the offender was convicted, the termination date of the sentence, the length of time already served by the offender, and any credits to which the offender is entitled on account of work done, good behaviour or pretrial confinement.

6 — The Transferring State shall furnish to the Receiving State a certified copy of all judgments and sentences concerning the offender from the date of his detention in the Transferring State. When the Receiving State considers such information insufficient, it may request additional information.

7 — Delivery of the offender by the authorities of the Transferring State to those of the Receiving Slate shall occur at a place within the Transferring State agreed upon by both Parties. The Transferring State shall afford an opportunity to the Receiving State, if the Receiving State so desires, to verify, prior to the transfer, that the offender's consent to the transfer is given voluntarily and with full knowledge of the consequences thereof, through the officer designated by the law of the Receiving State.

ARTICLE IV (Retention of jurisdiction)

In respect of sentences to be executed pursuant to this Treaty, the Transferring State shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of judgments and sentences pronounced by its courts. The Receiving State, upon being informed of any revision, modification or cancellation of such a judgment or sentence, shall put such measure into effect.

ARTICLE V (Procedure for execution of sentence)

1 — Except as otherwise provided in this Treaty, the completion of a transferred offender's sentence shall be carried out according to the laws and procedures of the Receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty, probation and parole, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release or otherwise. The Transferring State shall, in addition, retain a power to pardon the offender or to commute his sentence and the Receiving State shall, upon being notified of such pardon or commutation, give effect thereto.

2 — The Receiving State may treat under its law relating to juvenile offenders any offender so categorized under its law regardless of his status under the law of the Transferring State.

3 — No sentence of deprivation of liberty shall be enforced by the Receiving State in such a way as to extend it beyond the period specified in the sentence of the court of the Transferring State.

4 — The expenses incurred in the transfer of the offender or in the completion of the offender's sentence shall be borne by the Receiving State.

5 — The authorities of either Party shall at the request of the other Party provide reports indicating the status of all offenders transferred under this Treaty, including, in particular, the parole or release of any offender. Either Party may, at any time, request a special report on the status of the execution of an individual sentence.

6 — The transfer of an offender under the provisions of this Treaty shall not entail any additional disability under the law of the Receiving State beyond that which the fact of his conviction may in and of itself already have created.

ARTICLE VI (Transit of offenders)

If either Party enters into an agreement for the transfer of offenders with any third State, the other Party shall cooperate in facilitating the transit through its territory of offenders being transferred pursuant to such agreement. The Party intending to make such a transfer will.give advance notice to the other Party of such transit.

ARTICLE VII (Implementing procedure)

1 — In implementing this Treaty either Party may establish procedures and criteria consistent with its purpose and object for determining whether or not to consent to the transfer of an offender.

2 — Each Party shall establish by legislation or regulation the procedures necessary to give legal effect within its territory to sentences pronounced by courts of the other Party, and each Party agrees to cooperate in the procedures established by the other Party.

3 — Each Party shall designate an authority to perform the functions provided in this Treaty.

ARTICLE Vlll (Final provisions)

1 — This Treaty shall be subject to ratification and shall enter into force on the date on which the instruments of ratification are exchanged. This exchange of instruments of ratification shall take place at Bangkok as soon as possible.

2 — The present Treaty shall remain in force for three years from the date upon which it enters into force. Thereafter, the Treaty shall continue in force until ninety days from the date upon which either Party gives written notice to the other Party of its intention to terminate the Treaty.