Kazakhstan’s Senate approves agreement with Peru on transfer of convicted persons

These are agreements on mutual legal assistance in criminal cases, the extradition of wanted persons, as well as the transfer of convicted individuals.

According to Senator Nurlan Beknazarov, the agreement on mutual legal assistance provides for cooperation between the relevant authorities of the two countries in the investigation of criminal cases, criminal prosecution, and court proceedings. The document regulates the conduct of investigative actions, the exchange of evidence, the carrying out of expert examinations, searches, and confiscation of property, as well as the temporary transfer of individuals for participation in procedural actions.

He said Kazakhstan already has similar agreements with 33 states, with Peru is now becoming 34th.

In particular, the scope of legal assistance, the form and content of requests, the procedure for their execution, guarantees for the protection of individuals’ rights, the temporary transfer of detained and convicted persons, assistance in confiscation procedures, identification and freezing of bank accounts, as well as the procedure for reimbursement of expenses and settlement of disputes have been defined.

First Deputy Foreign Minister Yerzhan Ashikbayev said there are Kazakhstani nationals registered in Peru, stressing that there have been no cases of them being held liable.

According to the Kazakh Embassy in Brazil, which is responsible for Peru, four citizens of Kazakhstan are currently registered with the consular office. Since registration is not mandatory, there may be more. At the same time, none of them are subject to criminal prosecution, noted Ashikbayev.

An agreement on the transfer of convicted persons to serve their sentences in their country of citizenship has been ratified as well.

The document also provides grounds for refusal - for example, if the transfer may harm sovereignty or contradict national legislation, or if the terms of the agreement are not met.

The countries have also concluded an extradition agreement, which regulates the procedure for transferring wanted persons for criminal prosecution or the execution of a court sentence. At the same time, grounds for refusal of extradition are provided, including in cases where the offense is of a political nature or there is a risk of human rights violations.

In addition, the agreements define the procedure for interaction between the relevant authorities of the two countries. On Kazakhstan’s side, these are the General Prosecutor’s Office and the Supreme Court, while on Peru’s side, it is the Office of the Public Prosecutor.

Earlier, Qazinform reported the Kazakh Parliament approves the draft law on the Alatau City special legal regime.