II SÉRIE-A — NÚMERO 190

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Article 1 – General provisions

1 The words and expressions used in this Protocol shall be interpreted within the meaning of the Convention.

2 The provisions of the Convention shall apply to the extent that they are compatible with the provisions of

this Protocol.

Article 2 – Persons having fled from the sentencing State

1 Where a national of a Party who is the subject of a sentence imposed in the territory of another Party as a

part of a final judgment, seeks to avoid the execution or further execution of the sentence in the sentencing State

by fleeing to the territory of the former Party before having served the sentence, the sentencing State may request

the other Party to take over the execution of the sentence.

2 At the request of the sentencing State, the administering State may, prior to the arrival of the documents

supporting the request, or prior to the decision on that request, arrest the sentenced person, or take any other

measure to ensure that the sentenced person remains in its territory, pending a decision on the request. Requests

for provisional measures shall include the information mentioned in paragraph 3 of Article 4 of the Convention.

The penal position of the sentenced person shall not be aggravated as a result of any period spent in custody by

reason of this paragraph.

3 The consent of the sentenced person shall not be required to the transfer of the execution of the sentence.

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 45 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