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MODEL AGREEMENT ON THE TRANSFER OF FOREIGN PRISONERS AND RECOMMENDATIONS ON THE TREATMENT OF FOREIGN PRISONERS

NCJ Number
145634
Date Published
1988
Length
9 pages
Annotation
This Model Agreement on the Transfer of Foreign Prisoners emanated from deliberations of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan, Italy, in 1985.
Abstract
The agreement is intended to assist member states in the development of similar bilateral and multilateral arrangements to facilitate the return of foreign prisoners to their home countries to serve their sentences. The agreement is based on several general principles that promote the social resettlement of offenders and encourage prisoner transfer in the context of mutual respect for national sovereignty and jurisdiction. The agreement stipulates that prisoner transfers can be requested by either the sentencing or the administering state, that transfers depend on both the sentencing and the administering state, that prisoners must be fully informed of the legal consequences of transfers, and that transfers can only be made on the basis of a final and definitive sentence having executive force. The agreement contains procedural regulations associated with prisoner transfer, a section on enforcement and pardon, and recommendations on the treatment of foreign prisoners.