29 September 2010

(Unofficial Translation)

TREATY¹ ON COOPERATION IN THE EXECUTION OF PENAL SEN
TENCES BETWEEN THE GOVERNMENT OF THE KINGDOM
OF SWEDEN AND THE GOVERNMENT OF THE KINGDOM OF
THAILAND

_________

The Government of the Kingdom of Sweden and the Government of the Kingdom of Thailand,
Taking into consideration the laws and reg ulations in force regarding law enforcement of the Parties and the desirability of enhanc ing their cooperative efforts in law enforce ment and the administration of justice; and
Desiring to cooperate in the execution of penal sentences by enabling offenders to serve sentences of imprisonment, confine ment or other forms of deprivation of liberty in the country of which they are nationals,
thereby facilitating their r int gration into society;

Have agreed as follows:

Article I
Definitions

For the purpose of this Treaty:
1. "Transferring State" means the Party from which the offender may be, or has been,
transferred;
2. "Receiving State" means the Party to which the offender may be, or has been, transferred in order to serve his sentence;
3. "Offender" means a person who, in the territory of either Party, has been convicted of a crime and sentenced either to a term of imprisonment, confinement or other form of deprivation of liberty, or to conditional re lease, probation or other form of supervision without confinement. The term shall include
a person subject to confinement, custody or supervision under the law of the Transferring State respecting juvenile offenders.
4. "National" means
a) in respect of the Kingdom of Sweden a person who is a Swedish national;
b) in respect of the Kingdom of Thailand a person who is a Thai national.

Article II
General principles

1. An offender convicted in the territory of one Party may be transferred to the territory of the other Party in order to serve the sentence imposed on him in accordance with the provisions of this Treaty.
2. An offender may be transferred if:
a) he is under a sentence of imprisonment for life;
b) he is serving a sentence with a definite termination date;
c) he is subject to confinement, custody or supervision under the law of the Transferring State respecting juvenile offenders.

Article III
Scope of application

The application of this Treaty shall be sub ject to the following conditions:
1. That the offence, for which the offender to be transferred was convicted and sentenced, is one which would also be punish able 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 offences described in the laws of the two Parties be identical in matters not affecting the character of the offences.
2. That the offender to be transferred is a national of the Receiving State.
3. That the Transferring and Receiving States and the offender all agree to the transfer; provided that, where in view of his age or physical or mental condition either Party considers it necessary, the offender's consent
may be given by his legal representative.
4. That in relation to Thailand the offend er to be transferred did not commit an offence:
a) against the internal or external security of the State;
b) against the Monarch, his Consort or his sons or daughters; or
c) against legislation protecting national art treasures.
5. That no further or other legal proceed ings relating to the offence or any other of fence are pending in the Transferring State.
6. That, in the case of imprisonment, con finement or other form of deprivation of liberty, the offender shall, at the time of transfer, have served in the Transferring State any minimum period of the sentence stipulated
by the law of the Transferring State.
7. That there is at least one year of the offender's sentence remaining to be served at the time of the application for transfer.
8. 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 IV
Procedure for transfer

1. Either Party shall endeavour to 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 chan nels 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. 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 i. a. on account of work done, good be
haviour or pretrial confinement.
5. The Transferring State shall furnish to the Receiving State a certified copy of all judgments and sentences concerning the of fender from the date of his detention in the Transferring State. When the Receiving State
considers such information insufficient, it may request additional information.
6. Delivery of the offender by the authorities of the Transferring State to those of the Receiving State shall occur on a date at a place within the Transferring State as agreed upon by both Parties.
7. 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 an officer designated by the Receiving State.

Next Page
[1]  [2]

1 Came into force on 1 June 1990, i.e., the first day of the month following the expiration of a period of three months after the date of the exchange of the instruments of ratification, which took place at Bangkok on 23 February 1990, in accordance with article IX (1).