A G R E E M E N T

BETWEEN THE REPUBLIC OF ARMENIA AND THE ISLAMIC REPUBLIC OF IRAN ON THE TRANSFER OF SENTENCED PERSONS

The Republic of Armenia and the Islamic Republic of Iran (hereinafter referred to as the “Parties”),

Guided by the principles of state sovereingnty, equality and mutual respect;

Desiring to further develop their cooperation in the field of criminal law, based on the norms of international law;

Considering that service of sentence by a sentenced person in his/her respective State, will further the ends of justice and the social rehabilitation of sentenced persons and their return to normal life into society;

Guided by fundamental principles of international humanitarian and human rights law;

Honoring the principle of non-interference in the internal affairs of each other;

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement:

“Sentencing State” means the Party the court of which has passed a judgment on imprisonment or other deprivation of liberty punishments;

“Executing State” means the Party to which, a person sentenced to imprisonment or other deprivation of liberty punishments is transferred in order to serve the remaining period of his/her sentence;

“Sentence” means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time on account of a criminal offence;

“Judgment” means a decision or order of a court imposing a sentence;

“Sentenced person” means a national of one of the Parties who has been sentenced to imprisonment or other deprivation of liberty punishments for commission of an offence by a court of the other Party;

“Close relatives” means as recognized so in the legislation of either of the Parties;

“Legal representatives” means as recognized so in the legislation of either of the Parties;

“Competent authorities” means authorities specified in this Agreement.

Article 2

General principles

1. In accordance with this Agreement, the Parties upon the request shall transfer to each other the sentenced persons who are nationals of the other Party in order to serve the remaining period of the sentence imposed on them.

2. Either Party may request the other Party to consider the possibility of the sentenced person’s transfer.

3. The Parties undertake to treat the transferred sentenced person in accordance with the international human rights standards.

4. In case, after the transfer, the international obligations of the Sentencing State are questioned by the sentenced person before the international authorities, the

Executing State shall provide the Sentencing State with possible assistance in this regard.

5. The Parties undertake to afford each other the widest possible co-operation in respect of the transfer of sentenced persons in accordance with the provisions of this Agreement.

Article 3

Competent Authorities

1. This Agreement shall be implemented by the competent authorities of the Parties directly or through diplomatic channels.

2. The competent authority for the Republic of Armenia shall be the Ministry of Justice of the Republic of Armenia and for the Islamic Republic of Iran shall be the Judiciary of the Islamic Republic of Iran.

Article 4

Request for Transfer

1. The basis for the initiation of the proceeding to transfer the sentenced person is the request of the sentenced person or his/her close relatives or legal representatives, as well as the request of the competent authority of one of the Parties addressed to the competent authority of the other Party.

2. Requests for transfer and replies thereto shall be made in writing.

Article 5

Decision on the request for transfer

1. The decision on approval or refusal of the request on transfer shall be taken at most during sixty days from the date of receipt of documents listed in the paragraph 1 of the Article 9 of this Agreement. The sentenced person about whom the decision is taken or his/her close relatives or legal representatives, if any, and the requesting Party shall be informed on the taken decision in written form.

2. In case of refusal of the request of transfer, the reasons thereof shall be submitted in written form.

Article 6

Conditions for transfer

1. Pursuant to this Agreement the sentenced person may be transferred only on the following conditions:

1.1.The sentenced person is a national of Executing State and is not a national of Sentencing State;

1.2.The judgment has legally entered into force;

1.3.At the time of receiving the request for transfer, the sentenced person still has at least six months of the sentence to serve;

1.4.The sentenced person, or taking into consideration his/her age, physical or mental status, his/her close relatives or legal representatives, agree with the transfer;

1.5.The acts or omissions for which the person has been sentenced constitute an offence pursuant to the legislation of the Executing State;

1.6.The damage caused by the criminal act has been compensated;

1.7.Both the Parties agree with the transfer.

2. In exceptional cases, the Parties may agree with a transfer even if the time to be served by the sentenced person is less than six months or the damage has not been fully compensated.

Article 7

Refusal of Request to Transfer

The sentenced person shall not be transferred, if:

1. The conditions listed in paragraph 1 of Article 6 of this Agreement have not been met;

2. The requesting Party has not fulfilled the requirements of Article 9 of this Agreement;

3. The transfer may prejudice sovereignty, national security and public order of either Party or is contrary to their Constitutions.

Article 8

Exchange of information

The Parties shall undertake the following obligations:

1. To inform each other through competent authorities each time a sentence becomes final concerning a person who is the national of the other Party. The information shall include:

1.1. the name, surname, date and place of birth of the sentenced person;

1.2. his address, if any, in the Sentencing State;

1.3. a statement of the facts upon which the sentence was based;

1.4. the nature, duration and date of commencement of the sentence.

2. To inform the sentenced persons who are the nationals of other Party, their close relatives or legal representatives of the provisions of this Agreement, the possibility of his/her transfer and the legal consequences thereof.

Article 9

Request of transfer and necessary documents

1. Written request on transfer of the sentenced person shall be furnished with:

1.1. By the competent authority of the Executing State:

a) information on the sentenced person, including his/her first name,

surname, date of birth, place of birth;

b) a document or certificate proving nationality of the sentenced person;

c) a copy of the relevant law of the Executing State which provides that the acts or omissions on account of which the sentence has been imposed in the

Sentencing State constitute a criminal offence according to the law of the Executing State;

1.2. By the competent authority of the Sentencing State:

a) information on the sentenced person, including his/her first name, surname, date of birth, place of birth;

b) documents proving nationality of the sentenced person, if any;

c) a copy of the judgment, the law on which it is based and the decision of the competent authorities on its legal enforceability, if any;

d) a written application of the sentenced person or those referred to in subparagraph 4 of paragraph 1 of Article 6 of this Agreement;

e) a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, and any other factor relevant to the enforcement of the sentence;

f) whenever appropriate, any medical or social reports on the sentenced person, information about his/her treatment in the Sentencing State, and any recommendation for his/her further treatment in the Executing State and information on specific features of his/her behavior;

g) the information on existence of damage caused by the criminal act and on their compensation.

2. In case any Party requires any additional information or clarification, it may request the other Party to provide the required information or clarification.

3. All documents listed in this Article shall be signed by an authorized person and if appropriate, affirmed by the official seal.

Article 10

Language

Request for transfer and documents attached thereto shall be submitted in the language of the Requesting Party accompanied by a translation into the language of the other Party or English.

Article 11

Verification of Consent

1. Each Party shall ensure that the person who gives consent to the transfer according to subparagraph 4 of paragraph 1 of Article 6 of this Agreement does so voluntarily and with knowledge of the consequences thereof.

2. The Sentencing State shall permit an official designated by the Executing State personally to verify, prior to the transfer, that the sentenced person’s consent to the transfer is given voluntarily and with knowledge of the consequences thereof.

Article 12

Process of transfer

The competent authorities of the Parties shall decide on the place, date and conditions of the transfer of the sentenced person.

Article 13

Costs

All expenses related to the transfer of the sentenced person as of the date he/she is delivered to the Executing State shall be borne by the Executing State.

Article 14

Execution of Sentence

1. The Executing State is obliged to ensure the execution of the sentence in full scale, governed by its national legislation.

2. The Executing State shall ensure that conditions of the sentenced person will not be aggravated after his/her transfer.

3. The Executing State shall be bound by the legal nature and duration of the sentence as determined by the Sentencing State. The court of the Executing State shall make a decision on execution of the judgment of the court of the Sentencing Sate.

4. If according to the legislation of the Executing State the imprisonment limit for the offence is less than what is prescribed by the judgment, the court of the Executing State shall consider the maximum term of imprisonment for that offence as provided for by the legislation of that State.

5. In cases where the sentence made is, by its nature or duration, incompatible with the law of the Executing State, or its law so requires, that State may, through its competent authority, adapt the sentence to the punishment prescribed by its own law for a similar offence.

6. The Executing State may neither change the sentence of imprisonment against the sentenced person passed by the Sentencing State with the sentence other than imprisonment, nor reduce the term of passed sentence of imprisonment taking into account paragraph 4 of this Article.

Article 15

Pardon, Amnesty or Commutation

Each Party may grant pardon, amnesty or commutation of the sentence with the same conditions and in the same order, which it applies to the persons sentenced by its courts.

Article 16

Jurisdiction of the Courts

1. Only the Sentencing State’s courts have the jurisdiction to review the judgment issued in respect of the transferred sentenced person.

2. In case of review of the judgment, the Sentencing State shall send immediately to the Executing State a copy of the decision rendered by the court, according to which the judgment has been abolished or amended.

3. If after transfer of the sentenced person the judgment has been abolished in the Sentencing State and a new examination or proceeding is forseen, a copy of the decision, contents of the criminal case and other evidences resulting from the proceedings collected in the absence of sentenced person, shall be sent to the Executing State for launching criminal prosecution provided for by the legislation of that State. In the enforcement of the new judgment, the Executing State shall take into account the term of imprisonment served or detention prior to the execution of the new judgment.

4. In case of abolishment of a judgment as a result of a re-examination or in case of passing a new judgment by the court, the damages caused by the previous conviction of the sentenced person shall be compensated by the Party the court of which has passed the previous judgment.

Article 17

Legal Effects of the Transfer

1. Person transferred to the Executing State for service of a sentence shall be subject to the same legal effects of conviction, to which are subject the persons sentenced in that State for the same offence.

2. Person transferred to the Executing State for service of a sentence shall not be once more subjected to criminal prosecution in that State for the same offence.

Article 18

Transit

1. Either of the Parties, upon the request of the other Party, shall assist in transiting a sentenced person from its territory to a third State or from a third State to the other Party based on a transfer agreement between the other Party and the third Sate.

2. The expenses concerning the transit of the sentenced person shall be covered by the requesting Party.

Article 19

Retroactivity

This Agreement shall also be applied to the persons sentenced by the courts of the Parties prior to the entry into force of this Agreement.

Article 20

Amendments

This Agreement may be amended or supplemented by mutual agreement of the Parties. These amendments or supplementary documents shall be regarded as the integral parts of this Agreement, and shall be drawn up through a separate protocol and enter into force in the order prescribed for the entry into force of this Agreement.

Article 21

Settlements of disputes

The Parties shall settle disputes arisen from the interpretation and implementation of this Agreement through direct negotiations or diplomatic channels.

Article 22

Entry into Force

This Agreement is concluded for indefinite duration and shall enter into force from the date of receiving the last written notification of either Party by the other Party through the diplomatic channels, concerning the fulfillment of necessary internal procedures for the entry into force of this Agreement.

This Agreement shall be denounced after six months from the date of receiving the notification from one of the Parties on its intention to denounce it.

The denounciation of this Agreement shall not affect any request initiated during the validity of this Agreement.

This Agreement is composed of a preamble and 22 Articles, and signed on 12 November 2012, corresponding to 22 Aban 1391 of Iranian calendar in the city of Tehran, in two originals, each of them in Armenian, Persian and English and all texts shall be equally authentic.

In case of disputes arisen during the interpretation of the texts of this Agreement the English text shall prevail.

The Agreement has entered into force on 15 August 2017