Section 4 in Agreement Between the Republic of India and Federal Republic of Brazil on the Transfer of Sentenced Persons
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 transferring State shall send the following information and documents to the receiving State unless either the receiving or the transferring 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 or his relative(s) address, if any, in the receiving 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, social or any other report on the sentenced person, where it is relevant for the disposal of his application or for deciding the nature of his confinement;(g)any other information which the receiving 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 written 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 transferring 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)Documents presented by the Contracting States pursuant to the provision of this Agreement shall be exempt from Consular Authentication.(3)For the purposes 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 passed in the transferring State, as if such acts or omissions were an offense under the law of the receiving 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 receiving 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 receiving State to accept the transfer of the sentenced person and an undertaking to administer the remaining part of the sentence of the sentenced person; and(e)any other information or document which the transferring State may consider necessary.
