The government is planning to sign two security agreements—‘Extradition Treaty’ and ‘Agreement on Transfer of Sentenced Persons’—with the Russian government to facilitate the handover of criminals. The drafts of the two agreements have been prepared by the authorities and they are being examined by the ministries concerned, the sources in the ministry of foreign affairs said.
Talking to The Independent, a high official of the ministry of foreign affairs said that they had sent the two draft agreements to the ministries concerned seeking their opinions.
“After receiving their opinions on the matter, the draft agreements would be finalised,” he said on condition of anonymity.
About the signing of an Extradition Treaty, the ministry of justice of the Russian Federation suggested that the time limit be specified, within which the requesting party should admit an extradited person.
“The time limit for keeping in custody/under arrest in case of unforeseen condition would be up to seven days,” the ministry of justice of the Russian Federation further suggested.
“On receipt of a request for extradition, the requested party shall take steps to locate and identify a person who is requested to be extradited and take suppressive measures including, in case of necessity, taking into custody, except in case, when extradition could not be executed,” according to the advice of the ministry of justice of the Russian Federation.
“Taking into consideration that in the near future in Russia the death penalty could be repealed. It is suggested to include a separate article on the draft agreement as "Death Penalty".
According to the Article-3 of the draft agreement on Transfer of Sentenced Persons", a sentenced person may be transferred if the judgment is final and there are no proceedings pending in respect of this person; at the time of receipt of request for transfer, the part of sentence to be served by the sentenced person is not less than six months. In an exceptional case, the parties may agree on transfer if the remaining term of sentence is less than that specified above.
“The transfer may be rejected if the sentencing state considers that transfer of the person would impair its sovereignty, security, public order or other essential interests,” the draft agreement added.
Article 9 of the draft agreement says that the administering state shall ensure the containing of enforcement of sentence in accordance with its law.
“The sentence shall be served on account of the judgment of the court of the sentencing state. The court of the administrating state, on the basis of that sentence, shall subject to and in accordance with the laws of its state, impose the same term of imprisonment as that imposed by the judgment,” the articles of the draft agreement added.
“After his/her transfer, the sentenced
person shall not be prosecuted or prosecuted against in the administrating state for the same acts as the ones of account of which the sentence was imposed in the sentencing state,” Article-11 of the draft agreement said.
“It is possible to change and remission of the judgment of the sentencing person. “If after the transfer of the sentenced person for serving the sentence, the judgment is changed or remitted by the court of the sentencing state, a copy of respective judgment and other necessary documents shall be promptly sent to the central authorities of the administrating state,” Article-13 of the draft agreement says.
The sources said that an expert-level meeting between Bangladesh and Russia would be held soon to finalise the draft agreements.