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International Treaty - Section

Section 6 in Agreement Between the Government of the Republic of India and the Government of the Republic of Italy on the Transfer of Sentenced Persons

6. Request and supporting documents

(1)Any sentenced person may request to be transferred under this Agreement submitting a written request to the authorities of either the Transferring or Receiving State.
(2)If the request is submitted by the sentenced person to the Receiving State that State shall transmit it to the Transferring State.
(3)The Transferring State shall transmit to the Receiving State the following:
(a)in case the request is submitted to the Transferring State, a copy of that request;
(b)name, date and place of birth and address in the Receiving State, if any, of the, sentenced person, along with a copy of his passport or any other personal identification documents and fingerprints, as possible;
(c)information on the nature, duration and date of commencement of the sentence;
(d)a statement of the facts upon which the sentence was based;
(e)a certified true copy of the final judgment;
(f)a copy of the law provisions on which the sentence is based;
(g)a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission of sentence or any other relevant element to the enforcement of the sentence;
(h)whenever appropriate, any medical or social report on the sentenced person, any information on his/her treatment in the Transferring State and any recommendation for continuing his/her treatment in the Receiving State.
(i)a statement from the Transferring State agreeing to the transfer of the sentenced person.
(4)For the purpose of enabling a decision to be made on a request under this Agreement, the Receiving State shall send the following information and documents to the Transferring State unless either the Receiving or the Transferring 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 Receiving State;
(b)a copy of the relevant law of the Receiving State which provides that the acts or omissions on account of which the sentence has been imposed in the Transferring State constitute a criminal offence according to the law of the Receiving State, or would constitute a criminal 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 Receiving State after the sentenced person's transfer including, if applicable, a statement of the effect of paragraph 3 of Article 9 of this Agreement on his transfer;
(d)the willingness of the Receiving State to accept the transfer of the sentenced person and an undertaking to administer the remaining part of the sentence still to be served;
(e)any other information or document which the Transferring State may consider necessary.
(5)Any request and any reply shall be made in writing and addressed to the Central Authorities of the Contracting States.Article 7