24 September 2010

(Unofficial Translation)

TREATY ON COOPERATION IN THE EXECUTION OF PENAL
SENTENCES BETWEEN THE GOVERNMENT OF THE STATE OF
ISRAEL AND THE GOVERNMENT OF THE KINGDOM OF THAILAND
_________

The Government of the State of Israel and the Government of the Kingdom of Thailand,

Taking into consideration the laws and regulations in force regarding law enforcement of the Parties and the desirability of enhancing their cooperative efforts in law enforcement and the administration of justice; and
Desiring to cooperate in the execution of penal sentences by enabling offenders to serve sentences of imprisonment, confinement or other forms of deprivation of liberty in the country of which they are nationals, thereby facilitating their successful reintegration into society;

Have agreed as follows:

Article 1. Definitions

For the purposes of this Treaty:
a) "Transferring State" means the Party from which the offender may be or has been transferred;
b) "Receiving State" means the Party to which the offender may be or has been transferred;
c) "Offender" means a person who is required to be detained in a prison, a hospital or any other institution in the Transferring State by virtue of an order made by a court in the course of the exercise of its criminal jurisdiction.
d) "Sentence" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time in the course of the exercise of its criminal jurisdiction.

Article 2. Scope of Application

The application of this Treaty shall be subject to the following conditions:
1. That the offence, for which the offender to be transferred was sentenced, is one which would also be punishable as a crime in the Receiving State had the offence been committed in the Receiving State. This condition shall not be interpreted so as to require that the crimes described in the laws of the two Parties be identical in matters not affecting the character of the crimes.

2. That the offender to be transferred is a national of the Receiving State.

3. That the offender to be transferred did not commit an offence:
a) Against the internal or external security of the State;
b) Against the Head of State or the Head of Government of the Transferring State or a member of his family; or
c) Against legislation protecting national art treasures.

4. That there is at least one year of the offender's sentence remaining to be served at the time of his application for transfer.

5. That no further or other legal proceedings relating to the offence or any other offence are pending in the Transferring State.

6. That, in the case of imprisonment, confinement or other form of deprivation of liberty, the offender shall, at the time of transfer, have served in the Transferring State a period of one-third of the total sentence imposed on him or a four-year period whichever period is less, or for offences concerning narcotic drugs, a period of eight years if the sentence imposed is life imprisonment. Each Party may, at its discretion and to the extent permitted by its law, transfer an offender at a shorter period required by the present paragraph.

7. That the transfer may be refused if:
a) It is considered by the Transferring State to jeopardize its sovereignty, its security or its public order; or
b) The offender is also a national of the Transferring State.

Article 3. Procedure for Transfer

1. Either Party may inform an offender, who is within the scope of the present Treaty, of the substance of the Treaty.

2. Every transfer under this Treaty shall be commenced through diplomatic channels by a written request from the Receiving State to the Transferring State. If the Transferring State approves the request, it shall so inform the Receiving State through diplomatic channels and initiate procedures to effectuate the transfer of the offender.

3. In deciding upon the transfer of an offender, each Party shall consider the following factors:
a) The probability that transfer of the offender will contribute to his social rehabilitation or otherwise be in his best interests; and
b) The nature and severity of the offence, including the effects of the offence within the Transferring and Receiving States and any mitigating or aggravating circumstances.

4. No offender shall be transferred unless the sentence imposed on the offender is one of imprisonment, confinement or any other form of deprivation of liberty in any institution:
a) For life;
b) For an indeterminate period on account of mental incapacity; or
c) For a fixed period of time.

5. The Transferring State shall furnish to the Receiving State a statement showing the offence 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 judgements 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 State 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 laws of the Receiving State.

Article 4. Retention of Jurisdiction

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

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