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I.C.S.F.T. : Article 16
- A person who is being detained or is serving a sentence in the
territory of one State Party whose presence in another State Party
is requested for purposes of identification, testimony or otherwise
providing assistance in obtaining evidence for the investigation or
prosecution of offences set forth in article 2 may be transferred
if the following conditions are met:
(a) The person freely gives his or her informed consent;
(b) The competent authorities of both States agree, subject to such
conditions as those States may deem appropriate.
- For the purposes of the present article:
(a) The State to which the person is transferred shall have the authority
and obligation to keep the person transferred in custody, unless otherwise
requested or authorized by the State from which the person was transferred;
(b) The State to which the person is transferred shall without delay
implement its obligation to return the person to the custody of the
State from which the person was transferred as agreed beforehand,
or as otherwise agreed, by the competent authorities of both States;
(c) The State to which the person is transferred shall not require
the State from which the person was transferred to initiate extradition
proceedings for the return of the person;
(d) The person transferred shall receive credit for service of the
sentence being served in the State from which he or she was transferred
for time spent in the custody of the State to which he or she was
transferred.
- Unless the State Party from which a person is to be transferred
in accordance with the present article so agrees, that person, whatever
his or her nationality, shall not be prosecuted or detained or subjected
to any other restriction of his or her personal liberty in the territory
of the State to which that person is transferred in respect of acts
or convictions anterior to his or her departure from the territory
of the State from which such person was transferred.
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