Deputies of the Kazakh parliament adopted the law on ratification of the prisoner exchange agreement with Uzbekistan.
“The agreement between Kazakhstan and Uzbekistan on the transfer of convicts is aimed at implementing the requirements established by the Constitution of Kazakhstan. The Constitution states that a citizen of Kazakhstan cannot be extradited to a foreign state unless otherwise established by international treaties. In addition, the republic guarantees its citizens protection and patronage outside its borders. A similar provision is also present in the Constitution of Uzbekistan,” Deputy Prosecutor General Aset Chindaliev said at the plenary session of the parliament.
He noted that negotiations on signing this document were held between Kazakhstan and Uzbekistan for several years.
“For the transfer of the convict, first of all, his consent is necessary. This person must submit a statement of intent to serve a sentence in their country. That is, the consent of the convicted person is taken into account. For example, we already have 225 convicted citizens of Uzbekistan who have expressed a desire to serve their sentences in their country. To do this, we conducted a special survey among convicts. We have 20 convicted citizens in Uzbekistan, we think that they will also not object to returning to the country,” the Deputy Prosecutor General noted.
According to him, the ratification of the agreement will ensure the constitutional right of citizens of the two countries.
Extradition requires the application of the convict himself and his consent. He must have the citizenship of this state, and the remaining time of serving the sentence must be at least one year. Both countries must also agree to the transfer.
A convict is not extradited if it threatens the sovereignty and security of the country, is contrary to national law, and he has financial debts while he is being tried or investigated.