The Prison Transfer Treaty - A Practical Guide
NINTH UNITED NATIONS CONGRESS ON CRIME PREVENTION
AND THE TREATMENT OF OFFENERS CAIRO, EGYPT
APRIL 28-MAY 8, 1995
INTERNATIONAL LEGAL DEFENSE COUNSEL
PHILADELPHIA, PA, U.S.A.
Richard D. Atkins
Michael Griffith
Theodore Simon
Cosponsored by
INTERNATIONAL BAR ASSOCIATION
CRIMINAL LAW COMMITTEE/SGP
London, England
Richard D. Atkins, Chairman, Philadelphia, PA U.S.A.
Michael Muller (SGP Council), Munich, Germany
Presentation May 2, 1993
1500-1800
I. Background
Arrests and incarceration of foreign nationals are not new problems.
Legal problems for people traveling abroad have long been occurring,
but in the past twenty years significant numbers of arrests have been
consistently reported.
There are many reasons for this : including decreases in airfares
which opened up air travel to many people who could not previously
afford foreign vacations. Migration, job opportunities, an economic
and major political changes have also significantly increased the number
of people traveling, living and working abroad. During the same period,
drug use increased, mostly involving marijuana, and arrests for such
cases increased substantially...
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here for more)
II. INTERNATIONAL PRISONER TRANSFER TREATIES
One of the most effective methods for assisting foreigners incarcerated
in foreign jails that has been developed is the promulgation of treaties
on the transferability of penal sanctions, which are commonly known
as prisoner transfer treaties. Although these treaties do very little
to solve the problems of prisoners while they tare in foreign countries,
they do allow these individuals to return home to serve out their sentences
once their trials have been completed. The United States, for instance,
has been involved with approximately 3000 transfers under the bilateral
prisoner transfer treaties in effect with Mexico, Canada, Bolivia,
Peru, Panama, Thailand, Turkey, and France. The most recent bilateral
treaty between Malta and Libya concluded on October 15, 1994...
(click
here for more)
III. EXTENSION OF TREATIES TO NON-PARTICIPATION COUNTRIES
A. BILATERAL TREATIES
While transfer treaties have become an integral part of international
criminal law, the prospect for additional bilateral treaties has diminished.
Separate negotiations must be conducted with each country. The process
is often tedious and most countries attempt to avoid the process when
there is an available multilateral treaty. When there is no available
multilateral treaty, countries must follow the usual procedure used
for all prospective treaties. Often there is no choice but to negotiate
bilateral treaties. One prime example is Thailand which negotiated
separate treaties with the U.S. (1982), Canada (1983), France (1986),
Spain (1983), Italy (1984) Portugal (1985), Sweden (1989) and the United
Kingdom (1990). The Thai treaties have minimum periods which must be
served before a transfer, a controversial provision which is under
review in Thailand...
(click here
for more)
IV. HOW TO INCREASE INTEREST AND SUPPORT FOR PROMULGATION
OF PRISONER TREATIES
A. MISCELLANEOUS METHODS
- 1.One of the methods by which interest can be
increased in a particular country, is by making contact with correctional
officials and administrators. These officials are usually very interested
in reducing their prison populations of foreigners, who invariably
constitute a more difficult population. Foreign prisoners require
extra time, effort, and expense, and constantly require greater attention
and more time of the prison officials. The interest and assistance
of these officials has been a factor which has in the past helped
convince other government authorities that a transfer treaty is desirable.
Prison and government officials should know that there would be a
savings of substantial money by transferring the foreign prisoners.
In times of budgetary crisis, this in itself can be somewhat compelling...
(click
here for more)
APPENDIX A
PLACES,PEOPLE, AND ORGANIZATIONS TO CONTACT
FOR INFORMATION
APPENDIX B
HELPFUL PUBLICATIONS CONCERNING PRISONER
TRANSFER TREATIES
APPENDIX C
HOW THE COUNCIL OF EUROPE TRANSFER TREATY
OPERATES
APPENDIX D
PROCEDURE FOR TRANSFER
APPENDIX E
STATES WITH LEGISLATION AUTHORIZING TRANSFER
OF FOREIGN PRISONERS*
APPENDIX F
TRANSFER OF PRISONERS COUNTRIES WHO HAVE
ACCEPTED THE COMMONWEALTH SCHEME FOR THE TRANSFER OF CONVITED OFFENDERS
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