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Treaty on Cooperation in the Execution of Penal Sentences between the Government of Canada and the Government of the Kingdom of Thailand [1988] CATSer 23 (11 July 1988)

E103412 - CTS 1988 No. 24

TREATY ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND

THE GOVERNMENT OF CANADA 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 I

Definitions

For the purposes of this Treaty:

1. “Transferring State” means the Party from which the offender is to be transferred;

2. “Receiving State” means the Party to which the offender is to be transferred;

3. “Offender” means a convicted 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 release, 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, for Canada, a Canadian citizen, and, for Thailand, a Thai national.

ARTICLE II

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 convicted and 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 such as the quantity of property or money taken or possessed.

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

3. That the offender to be transferred was not being punished in Thailand for an offence:

(a) against the internal or external security of the State;

(b) against the Head of State 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 any minimum period of the sentence stipulated by the law of the Transferring State.

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 III

Procedure for Transfer

1. Either Party shall have the right 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 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:

(a) he is under a sentence of imprisonment for life:

(b) the sentence which he is serving states a definite termination date, or the authorities authorized to fix such a date have so acted; or

(c) he is subject to confinement, custody or supervision under the law of the Transferring State respecting juvenile offenders.

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 an officer designated by the law of the Receiving State.

ARTICLE IV

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,

ARTICLE V

Procedure for Execution of Sentence

1. Except as otherwise provided in this Treaty, the completion of a transferred offender’s sentence shall be carried out according to the laws and procedures of the Receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty, probation and parole, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release or otherwise. The Transferring State shall, in addition, retain a power to pardon the offender or to commute his sentence and the Receiving State shall, upon being notified of such pardon or commutation, give effect thereto.

2. The Receiving State may treat under its law relating to juvenile offenders any offender so categorized under its law regardless of his status under the law of the Transferring State.

3. No sentence of deprivation of liberty shall be enforced by the Receiving State in such a way as to extend it beyond the period specified in the Sentence of the court of the Transferring State.

4. The expenses incurred in the transfer of the offender or in the completion of the offender’s sentence shall be borne by the Receiving State.

5. The authorities of either Party shall at the request of the other Party provide reports indicating the status of all offenders transferred under this Treaty, including, in particular, the parole or release of any offender. Either Party may, at any time, request a special report on the status of the execution of an individual sentence.

6. The transfer of an offender under the provisions of this Treaty shall not entail any additional disability under the laws of the Receiving State beyond that which the fact of his conviction may in and of itself already have created.

ARTICLE VI

Transit of Offenders

If either Party enters into an agreement for the Transfer of offenders with any third State, the other Party shall cooperate in facilitating the transit through its territory of offenders being transferred pursuant to such agreement. The Party intending to make such a transfer will give advance notice to the other Party of such transit.

ARTICLE VII

Implementing Procedure

1. In implementing this Treaty either Party may establish procedures and criteria consistent with its purpose and object for determining whether or not to consent to the transfer of an offender.

2. Each Party shall establish by legislation or regulation the procedures necessary to give legal effect within its territory to sentences pronounced by courts of the other Party and each Party agrees to cooperate in the procedures established by the other Party.

3. Each Party shall designate an authority to perform the functions provided in this Treaty.

ARTICLE VIII

Final Provisions

1. This Treaty shall be subject to ratification and shall enter into force on the date on which instruments of ratification are exchanged. The exchange of instruments of ratification shall take place at Ottawa as soon as possible.

2. The present Treaty shall remain in force for three years from the date upon which it enters into force. Thereafter, the Treaty shall continue in force until ninety days from the date upon which either Party gives written notice to the other Party of its intention to terminate the Treaty.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Treaty.

DONE at Bangkok this 5th day of January, 1983 in duplicate, in the Thai, English and French languages, each text being equally authentic.

Fred Bild

FOR THE GOVERNMENT OF CANADA

Siddhi Savetsila

FOR THE GOVERNMENT OF THE KINGDOM OF THAILAND