II SÉRIE-A — NÚMERO 190

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Protocol amending the Additional Protocol to the Convention on the Transfer of Sentenced

Persons

Preamble

The member States of the Council of Europe, and the other States signatory to this Protocol,

Desirous of facilitating the application of the Additional Protocol to the Convention on the Transfer of

Sentenced Persons (ETS No. 167) opened for signature in Strasbourg on 18 December 1997 (hereinafter

referred to as «the Additional Protocol»), and in particular pursuing its acknowledged aims of furthering the

ends of justice and the social rehabilitation of sentenced persons;

Considering it desirable to modernise and improve the Additional Protocol, taking into account the evolution

in international co-operation on the transfer of sentenced persons since its entry into force,

Have agreed to amend the Additional Protocol as follows:

Article 1

The title of Article 2 and paragraph 1 of this article shall be amended to read as follows:

«Article 2 – Persons having left the sentencing State before having completed the execution of

their sentence

1. Where a national of a Party is the subject of a final sentence, the sentencing State may request the

State of nationality to take over the execution of the sentence under the following circumstances:

a when the national has fled to or otherwise returned to the State of his or her nationality being aware of

the criminal proceedings pending against him or her in the sentencing State; or

b when the national has fled to or otherwise returned to the State of his or her nationality being aware

that a judgment has been issued against him or her.»

Article 2

Paragraphs 1, 3.a and 4 of Article 3 shall be amended to read as follows:

«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 or an administrative decision passed on him or her 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. [unchanged]

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, or a

statement that the sentenced person refuses to provide an opinion in this regard; and

b [unchanged]

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: