Chapter 5 Transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

Article 43

General provisions on the transfer to a foreign state (or to Georgia) of persons sentenced to imprisonment for the purpose of serving a sentence

1. Where there are relevant legal grounds, a Georgian citizen or a person domiciled in Georgia who has been sentenced to imprisonment in a foreign state may request to be transferred to Georgia to serve the remaining part of the sentence.

2. Where there are relevant legal grounds, a foreigner sentenced to imprisonment in Georgia may request to be transferred to the his/her state of nationality to serve the remaining part of the sentence.

3. The Ministry of Corrections of Georgia shall ensure that foreigners sentenced to imprisonment in Georgia are informed of the rights specified in paragraph 2 of this article.

4. The decision on the transfer to a foreign state of foreigners convicted by the courts of Georgia, or on the transfer to Georgia of citizens of Georgia and of persons domiciled in Georgia who have been convicted in a foreign state, shall be made by the Minister of Justice of Georgia.

5. The Ministry of Justice of Georgia shall ensure the interaction with foreign states on the transfer of convicted persons, as well as the conduct of appropriate procedures for discussing and deciding on the transfer of convicted persons.

6. The transfer of a convicted person may be effected only after the court judgement against him/her becomes final.

7. The following may serve as grounds for commencing the examination of a request for the transfer to a foreign state (or to Georgia) of a convicted person:

a. a request of a competent authority of the state of nationality of the convicted person, or a request of a competent authority of the state whose court delivered the judgement convicting the person;

b. an application of the convicted person, or of his/her defence lawyer, close relative or legal representative.

8. During the examination of a request for the transfer to a foreign state (or to Georgia) of a convicted person, the Ministry of Justice of Georgia shall obtain the following documents:

a. a certified copy of the final judgement;

b. a document certifying the entry into force of the final judgement;

c. a certified copy (if any) of a decision of a higher court of the court that delivered the judgement;

d. a document concerning the part of the sentence served by the convicted person;

e. a document concerning the remaining part of the sentence;

f. the text of the article of the Criminal Code under which the person was convicted;

g. unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity, the written consent of the convicted person to the transfer, and where the convicted person is unable to express his/her wish, the consent of his/her close relative or legal representative;

h. a certificate of health of the convicted person;

i. a document certifying citizenship of the receiving state;

j. the opinions of the Ministry of Internal Affairs of Georgia and of the State Security Service of Georgia on the reasonableness of transferring the convicted person.

9. A convicted person shall not be transferred if:

a. the act for which the person is convicted is not deemed to be an offence or is not punishable with imprisonment under the legislation of the State that is requesting the transfer and of which the convicted person is a national;

b. there is no consent from the convicted person (unless otherwise provided for by an international or individual agreement of Georgia or the conditions of reciprocity), and in cases where a convicted person is unable to express his/her wishes freely due to his/her age, or physical or mental handicap, the consent of his/her close relative or legal representative;

c. the remaining term of the sentence to be served by the convicted person is less than 6 months at the moment of receiving the request for transfer. In exceptional cases, Georgia and the foreign state concerned may agree on a transfer to a foreign state (or to Georgia) even if the remaining term of the sentence is less than 6 months;

d. the parties failed to agree on the transfer to the foreign state (or to Georgia) of the convicted person.

10. A request for the transfer to a foreign state (or to Georgia) of a convicted person may be denied if:

a. the transfer of the accused person poses a risk to public and/or state security interests;

b. the correctional facilities of Georgia are overcrowded;

c. the convicted person has not served half of the sentence, unless otherwise agreed between the competent authorities of Georgia and the foreign state;

d. the interested persons refused to cover the expenses required for transferring the convicted person.