Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Contribution:

Chaninat and Leeds, a Thailand law firm with criminal defense attorney Thailand, assisted in the content of this webpage.



 

The transferring State shall afford an opportunity to the receiving State, if the receiving State so desires, to verify through an official, designated by the receiving State, prior to transfer, that the offender’s consent to the transfer in accordance with Article 3(g) [2(g) of this treaty, has been voluntarily given and with full knowledge of the consequences thereof.

8. Delivery of the offender by the authorities of the transferring State to thoseof the receiving State, shall occur on a date, at a lace within ther transferring State, as agreed by both parties

PROCEDURE FOR ENFORCEMENT OF SENTENCE

The continued enforcement of the sentence, after transfer, shall be governed by the laws and procedures of the transferring state, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by conditional release, remission or otherwise.

Subject to paragraph (3) of this article, the receiving State shall be bound by the legal nature and duration of the [not readable] as determined by the transferring state.

The sentence of deprivation of liberty, shall be enforced by the receiving State in such a way as to extend it beyond specified in the sentence of the court of the transferring State; such enforcement shall, as far as possible with sentence imposed in the transferring State.

[If] the transferring state revises, modifies or cancels the judgment or sentence pursuant to Article 5 of this Treaty or reduces, commutes or terminates the sentence, the receiving State, upon being notified of the decision give, in accordance with Article.

The receiving state may treat, under it's law relating to juveniles, any offender so categorized under it's law, regardless [of the ?] status under the law of the transferring state.

Receiving state shall provide information to the transferring state concerning the enforcement of the sentence:
(a) If the offender is granted conditional release and when he is discharged on completed;
(b) If the offender has escaped from custody before the sentence has been completed; or
(c) the transferring state requests a report.

ARTICLE 7 : deleted

ARTICLE 8 : TRANSIT OF OFFENDERS

[If] either party transfers an offender from any third state, the other party shall cooperate in facilitating the transit [to] it's territory of such an offender.

The party intending to make such a transfer shall give advance notice to the party of such transit. The party may refuse to grant transit:
(a) If the offender is one of its own nationals, or
(b) If the act for which the sentence was imposed, does not constitute a criminal offence under its own law.

ARTICLE 9 : deleted

ARTICLE 10 : deleted

ARTICLE 11 : LANGUAGE Treaty shall be applicable to the enforcement of sentences imposed either before or after it's entry into force.

ARTICLE 12 : REVISION OR AMENDMENT Treaty may be amended by mutual consultation through diplomatic channels. Such amendments shall enter into [in ?] accordance with the procedure stipulated for entry into force of this Treaty.

ARTICLE 13 : SETTLEMENT OF DISPUTE Any dispute arising from the interpretation or implementation of this Treaty shall be resolved by mutual consultations [through] diplomatic channels.

ARTICLE 14 : ENTRY INTO FORCE AND TERMINATION

This Treaty shall enter into force upon the exchange of notes confirming that the constitution requirements for the Treaties entry into force has been compiled with.

This Treaty shall remain in force until the expiration of six months written notification of a Party’s intention to this treaty.

The termination of this Treaty, shall not affect the validity of any request submitted to the other Party prior to the of [t]his Treaty.

WITNESS WHEROF, the undersigned, being duly authorized thereto, have signed this treaty.

Bangkok, this 16 day of January 2002, in duplicate, in the Thai and English language, both texts being equally.

Government of                              For the Government of
Federal Republic of Nigeria           the Kingdom of Thailand

(Ademola o. Aderela, mni)             ( Surakiart Sathirathai)
ador Extra ordinary                        Minister of Foreign Affairs
nipotentiary of the                           of the kingdom of Thailand
Republic of Nigeria.

Index Page
[1]  [2]


 

 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)