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Act as liaison between you, the client's family or friend, and the client being held on criminal charges in a foreign country. Employ competent local counsel and work with them to provide an effective legal defense Travel to the country where the client is being held & organize local support Use extra legal methods to secure the client's release from foreign jail Provide legal liaison and lobbying services between the client’s family, their congressional representatives, The U.S. State Department, and the U.S. Embassy in the foreign country where the client is being held Utilize the Prison Transfer Treaty to get the client returned to the United States if they have been convicted of a crime and are serving a sentence in a foreign prison Provide legal assistance for employees living and traveling abroad

The Prison Transfer Treaty - Appendix C

HOW THE COUNCIL OF EUROPE TRANSFER TREATY OPERATES

Eligibility for Transfer. In order to transfer under the Treaty you must:

(1) Be a national of the country to which you desire to transfer;

(2) Have a final judgment imposed against you;

(3) Have at least six months of your sentence remaining to be served;

(4) Be convicted of an offense which is generally punishable as a crime under the laws of the United States; and

(5) Have the consent of the government of the sending state, the United States government, as well as provide your own consent in writing.

These conditions are discussed in more detail below.

1. Citizenship. The treaty allows each state to define “national.” The U.S. implementing legislation permits “nationals” and “citizens” the rights to transfer. Generally, this has applied to Americans born here as well as naturalized citizens. “Permanent resident aliens” living in the United States have been excluded from transfer under previous treaties.
2. Final Judgment. This means that you cannot be transferred while your trial is pending, nor can you be transferred should you have any pending appeals or collateral attacks upon your conviction.
3. Time remaining to be served. While you generally must have six months of your sentence remaining to be served in order to transfer, the Treaty envisions that “in exceptional cases” transfers may be accomplished when less than six months remain to be served.
4. Double criminality. Your offense must be punishable as a crime under the laws of both countries, a condition known as “double criminality.”
5. Consent. The Treaty requires what is known as “three-way voluntariness.” i.e. your transfer must be approved by the sentencing state, the “administering state” (The United States in this case), and you must provide your own consent in writing.
6. Fines You must have no outstanding fines.
7. The Treaty does not permit you to formally apply for your transfer. Instead you are required to approach either the authorities of the country in which you are imprisoned or a representative of the U.S. government. They will in turn contact your government, usually Ministry of Interior or Justice, and information on you and your case will be exchanged, and you will be informed of the decision of the two governments in writing. The exact procedures under which the decision making process is carried out will be determined by administrative rulings made by each government. Under the Treaty, the administering State is required to inform the sentencing state as the manner of the execution of the sentence. It may opt for one of two procedures: (1) continue enforcement of the sentence through a court of administrative order, or (2) convert the sentence, through a judicial administrative procedure, into a decision of the United States. The United States has uses the continued enforcement provisions.

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International Legal Defense Counsel Disclaimer: The international human rights, international criminal law, or other international law information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an International Criminal Lawyer or International Law Attorney for a consultation on your particular international law matter.

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