Debates Parlamentares - Diário 085S1, p. 7 (2008-04-24)

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7 | II Série A - Número: 085S1 | 24 de Abril de 2008

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED NATIONS ON THE ENFORCEMENT OF SENTENCES OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

The Portuguese Republic, hereinafter called "Portugal", and The United Nations, acting through the International Criminal Tribunal for the former Yugoslavia, hereinafter called "the International Tribunal", RECALLING Article 27 of the Statute of the International Tribunal adopted by Security Council Resolution 827 (1993) of 25 May 1993, according to which imprisonment of persons sentenced by the International Tribunal shall be served in a State designated by the International Tribunal from a list of States which have indicated to the Security Council their willingness to accept convicted persons; TAKING INTO CONSIDERATION the declaration made by Portugal in accordance with the said Article 27 and with Portuguese national law by which it declares its willingness to accept persons convicted by the International Tribunal in order to enforce the imprisonment sentences; TAKING INTO ACCOUNT the fact that Portugal has adopted a law that establishes norms on the cooperation between Portugal and the International Criminal Tribunals for the Former Yugoslavia and Rwanda (Law n.º 102/2001, of 25 August 2001); RECALLING the provisions of the Standard Minimum Rules for the Treatment of Prisoners approved by ECOSOC resolutions 663 C(XXIV) of 31 July 1957 and 2067 (LXII) of 13 May 1977, the Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment adopted by General Assembly resolution 43/173 of 9 December 1988, and the Basic Principles for the Treatment of Prisoners adopted by General Assembly resolution 45/111 of 14 December 1990; IN ORDER to give effect to the judgements and sentences of the International Tribunal; HAVE AGREED as follows:

Article 1 Purpose and scope of the Agreement This Agreement shall regulate matters relating to or arising out of all requests to Portugal to enforce sentences imposed by the International Tribunal.

Article 2 Procedure 1. A request to Portugal to enforce a sentence shall be made by the Registrar of the International Tribunal (hereinafter: "the Registrar"), with the approval of the President of the International Tribunal.
2. The Registrar shall provide the following documents to Portugal when making the request: a) A certified copy of the judgement; b) A statement indicating how much of the sentence has already been served, including information on any pre-trial detention;

7 | II Série A - Número: 085S1 | 24 de Abril de 2008AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED NATIONS ON THE ENFORCEMENT OF SENTENCES OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIAThe Portuguese Republic, hereinafter called "Portugal", and The United Nations, acting through the International Criminal Tribunal for the former Yugoslavia, hereinafter called "the International Tribunal", RECALLING Article 27 of the Statute of the International Tribunal adopted by Security Council Resolution 827 (1993) of 25 May 1993, according to which imprisonment of persons sentenced by the International Tribunal shall be served in a State designated by the International Tribunal from a list of States which have indicated to the Security Council their willingness to accept convicted persons; TAKING INTO CONSIDERATION the declaration made by Portugal in accordance with the said Article 27 and with Portuguese national law by which it declares its willingness to accept persons convicted by the International Tribunal in order to enforce the imprisonment sentences; TAKING INTO ACCOUNT the fact that Portugal has adopted a law that establishes norms on the cooperation between Portugal and the International Criminal Tribunals for the Former Yugoslavia and Rwanda (Law n.º 102/2001, of 25 August 2001); RECALLING the provisions of the Standard Minimum Rules for the Treatment of Prisoners approved by ECOSOC resolutions 663 C(XXIV) of 31 July 1957 and 2067 (LXII) of 13 May 1977, the Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment adopted by General Assembly resolution 43/173 of 9 December 1988, and the Basic Principles for the Treatment of Prisoners adopted by General Assembly resolution 45/111 of 14 December 1990; IN ORDER to give effect to the judgements and sentences of the International Tribunal; HAVE AGREED as follows:Article 1 Purpose and scope of the Agreement This Agreement shall regulate matters relating to or arising out of all requests to Portugal to enforce sentences imposed by the International Tribunal.Article 2 Procedure 1. A request to Portugal to enforce a sentence shall be made by the Registrar of the International Tribunal (hereinafter: "the Registrar"), with the approval of the President of the International Tribunal.
2. The Registrar shall provide the following documents to Portugal when making the request: a) A certified copy of the judgement; b) A statement indicating how much of the sentence has already been served, including information on any pre-trial detention;

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