Senate Approves Law Allowing Transfer of Foreign Convicts
The Senate of Uzbekistan has recently approved significant amendments aimed at simplifying the process of accepting convicts who have been sentenced abroad into the country’s penal system. These changes, which were ratified during the 59th plenary session, specifically focus on the ongoing incarceration of individuals who are deprived of their liberty, as well as the mandatory treatment for those who are suffering from mental illnesses.
The approved legislation proposes modifications to Articles 29 and 542 of the Criminal Procedure Code of Uzbekistan, while also introducing a new Chapter 66. These amendments lay down the legal framework for the transfer and acceptance of individuals serving sentences abroad, as well as those who are in need of compulsory treatment due to mental health conditions.
One of the key features of the new Chapter 66 is the provision for recognizing and enforcing judgments issued by foreign courts. It outlines the criteria, conditions, and procedures for accepting individuals whose sentences are being carried out in foreign countries, as well as for continuing the compulsory treatment of those under medical coercion.
According to the updated regulations, the transfer and acceptance of convicts will require a request from either the convict’s legal representative or a close relative. Additionally, acceptance will be subject to the agreement of the individual being received or their legal representative, as well as a formal request from the Prosecutor General’s Office of Uzbekistan or a relevant authority from the foreign state.
The process for considering the acceptance of a convict is outlined as follows: upon receiving an application from the individual deprived of liberty or under medical coercion, the Prosecutor General’s Office will verify the person’s citizenship and submit the necessary documents to the competent authority of the foreign state for resolution. If the request is approved, the Prosecutor General or their deputy will then make a decision regarding the acceptance of the individual.
Subsequently, the Prosecutor General or their deputy will submit a petition to the court to recognize and enforce the judgment of the foreign court. This petition will be reviewed by a judge responsible for the area where the convict resides, who will determine the duration of the sentence based on international treaties and align it with the ruling of the foreign court.
Furthermore, the new law also specifies the grounds for rejecting the transfer of individuals who are deprived of their liberty or under compulsory medical measures. These amendments mark a significant step towards streamlining the process for accepting convicts sentenced abroad into Uzbekistan’s penal system while ensuring compliance with international legal standards.
