Einde inhoudsopgave
Convention on the transfer of sentenced persons
Article 16 Transit
Geldend
Geldend vanaf 01-07-1985
- Bronpublicatie:
21-03-1983, Trb. 1983, 74 (uitgifte: 29-04-1983, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-1985
- Bronpublicatie inwerkingtreding:
21-10-1987, Trb. 1987, 163 (uitgifte: 01-01-1987, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Overdracht en overname strafvervolging
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen
1.
A Party shall, in accordance with its law, grant a request for transit of a sentenced person through its territory if such a request is made by another Party and that State has agreed with another Party or with a third State to the transfer of that person to or from its territory.
2.
A Party may refuse to grant transit:
- a.
if the sentenced person is one of its nationals, or
- b.
if the offence for which the sentence was imposed is not an offence under its own law.
3.
Requests for transit and replies shall be communicated through the channels referred to in the provisions of Article 5 (2) and (3).
4.
A Party may grant a request for transit of a sentenced person through its territory made by a third State if that State has agreed with another Party to the transfer to or from its territory.
5.
The Party requested to grant transit may hold the sentenced person in custody only for such time as transit through its territory requires.
6.
The Party requested to grant transit may be asked to give an assurance that the sentenced person will not be prosecuted, or, except as provided in the preceding paragraph, detained, or otherwise subjected to any restriction on his liberty in the territory of the transit State for any offence committed or sentence imposed prior to his departure from the territory of the sentencing State.
7.
No request for transit shall be required if transport is by air over the territory of a Party and no landing there is scheduled. However, each State may, by a declaration addressed to the Secretary General of the Council of Europe at the time of signature or of deposit of its instrument of ratification, acceptance, approval or accession, require that it be notified of any such transit over its territory.