Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Union of India - Section

Section 4 in Agreement on Transfer of Sentenced Persons Between The Government of The Republic of India And The Government of The United Arab Emirates

4. Obligation to Furnish Information

(1)if the sentenced person has expressed an interest to the Sentencing State in being transferred under this Agreement, the Sentencing State shall send the following information and documents to the Administering State unless either the Administering or the Sentencing State has already decided that it will not agree to the transfer.
(a)the name and nationality, date and place of birth of the sentenced person;
(b)his address, if any, in the Administering State,
(c)a statement of the facts upon which the sentence was based;
(d)the nature, duration and date of commencement of the sentence;
(e)a certified copy of the judgment and a copy of the relevant provisions of the law under which the sentence has been passed against the sentenced person;
(f)a medical or any other report concerning the sentenced person, if necessary, and any information regarding the treatment he has been Administering in the Sentencing State and any recommendation in respect of which such treatment is followed in the Administering State, where it is relevant for the disposal of his application or for deciding the nature of his confinement,
(g)any other information which the Administering State may specify as required in all cases to enable it to consider the possibility of transfer and to enable it to inform the sentenced person of the full consequences of transfer for him under its law;
(h)the request of the sentenced person to be transferred or of a person entitled to act on his behalf in accordance with the law of the Sentencing State, and
(i)a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission, or any other factor relevant to the enforcement of the sentence
(2)For the purposes of enabling a decision to be made on a request under this Agreement, the Administering State shall send the following information and documents to the Sentencing State unless either the Administering or the Sentencing State has already decided that it will not agree to the transfer:
(a)a statement or document indicating that the sentenced person is a national of the Administering State,
(b)a copy of the relevant, law of the Administering State constituting the acts or omissions, on account of which the sentence has been passed in the Sentencing State, ,as if such acts or omisSions were an offence under the law of the Administering State or would constitute an offence if committed on its territory;
(c)a statement of the effect of any law or regulation relating to the duration and enforcement of the sentence in the Administering State after the sentenced person's transfer including, if applicable, a statement of the effect of paragraph 2 of Article 8 of this Agreement on his transfer;
(d)the willingness of the Administrator Sate to accept the transfer of the sentenced person and an undertaking to administrator the remaining part of the sentence of the sentence person and,
(e)any other information or document which the Sentence Sate may consider necessary.
Article 5