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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 D

PROCEDURE FOR TRANSFER
(Compiled by Prisoners Abroad-London, England)

If you are interested in applying for transfer, you should make an initial request to the prison authorities. This is officially known as expressing an interest; there are no application forms as such. Your request will then be forwarded to the appropriate government department (this will normally be either the Ministry of the Interior or of Justice) for consent in principle. If this consent is granted, your request will be forwarded to the Home Office in the UK. Once the Home Office have consented to your application they will write to you asking you to confirm your application and advise you of a PED (parole eligibility date- it doesn’t mean you’ll get it) and an EDR (earliest date of release). They will also pass these details on to the sentencing state who will then make a final decision on whether to allow the transfer. You are not committed to transfer until you have given your written consent.

If you are serving a sentence in a country which has a system of federal government, your request will first be forwarded from the prison to the State authorities. Once the State consents to your transfer you application will be forwarded to the Federal authorities. Once the Federal authorities consent to your transfer, they forward your application to the Home Office (as above). If you are a state prisoner in the USA, you can only transfer from a state that has enabling legislation (40 of the 50 states).

Either country can refuse your transfer and they can do so without having to provide a reason. Common reasons for refusal are outstanding fines, (the ‘Customs’ fine in France for example) or restitution orders. Often transfer is refused because the sentencing state fears that a prisoner may end up serving a shorter sentence back home.

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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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