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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 - A Practical Guide

II. INTERNATIONAL PRISONER TRANSFER TREATIES (continued)

The Multilateral Council of Europe Treaty, detailed later, is in force between Austria, Bahamas, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Spain, Slovakia, Slovenia, Spain, Sweden, Switzerland, Trinidad and Tobago, the United Kingdom and the United States. The following countries have signed the treaty but the treaty is not in force with Estonia, Ireland, Liechtenstein and Lithuania. A chart with details is attached to this report.

Generally, prisoner transfer treaties require that an individual must be a citizen of the country to which transfer is requested. However, the Council of Europe Treaty permits “nationals” to qualify and further permits each state to define “national.” This permits the potential inclusion of a broader range of individuals. In addition, pursuant to the Council of Europe Treaty the transfer process may be initiated by either the sentencing state or the receiving state.

In order to avail oneself of prisoner transfer treaty, the prisoner must have been sentenced and must have completed or waived all appeals and collateral proceedings. The sending country, the receiving country, and the prisoner each must consent to the transfer.

In addition, the individual generally must have committed an offense that is punishable as a crime under the laws in the home country (dual criminality); and, must have six (6) months left to serve on the sentence. Further, many treaties have certain offenses that are not transferable (e.g., military offenses, antiquities, offenses against the sovereign).

BENEFITS OF PRISONER TRANSFER TREATIES

Prisoner transfer treaties reduce prison overcrowding. Some European countries reported up to 20 percent foreign population among their inmates. The United States as a similar problem. U.S. Bureau of Prison statistics indicate the total federal prison population now includes approximately 15 percent foreigners. Having a larger number of foreign prisoners causes substantial administrative problems for corrections officials. The average cost of incarceration of foreign nationals is usually higher and transfer offenders eases the administration of the prison system.

In the U.S., the number of Colombian inmates far exceeds the number of Mexican inmates, because the prisoner transfer treaty with Mexico allows many Mexican nationals to return to prisons in Mexico each year. There is no similar treaty with Colombia, so the percentage of Columbians among the foreign inmate population has risen dramatically.
The treaties also help ease prison tensions. A study conducted a number of years ago by the United Nations documented the tensions caused by racial, cultural, and economic differences in the inmate population. The study also found a high level of inmate and staff hostility toward foreign inmates.

Many of these inmates have suffered a variety of problems while jailed abroad, including torture, malnutrition, drug addiction, and mental health problems. Many will be seeing their families for the first time in many years, and they often suffer from fear and mistrust of attorneys, judges, and prison officials. The knowledge that they will ultimately transfer to their home country under a treaty helps reduce the trauma of foreign incarceration and helps to reduce existing tension in the prison.

The treaties also reduce negative media attention, human rights complaints, critical reports and other publicity which adversely describe the prison and criminal justice system on an international and regional level.
Transfers allow access to rehabilitation unavailable in foreign countries. Prisoners returned to their home country will usually have a much better chance of reintegrating themselves into society. Rehabilitation, job training, and counseling are often available. So are educational and other social programs. Prison programs and more relevant.

Post release programs, halfway houses and other programs are likely to benefit the prisoner and society. Parole and post-prison supervision assist the offer control to the offender and provide return to prison for violators. The absence of furloughs, day parole, halfway houses and supervised release also add to the harshness of the foreign national’s sentence.

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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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