ДОПОЛНИТЕЛЬНЫЙ ПРОТОКОЛ К КОНВЕНЦИИ О ПЕРЕДАЧЕ ОСУЖДЕННЫХ ЛИЦ. Протокол. Совет Европы. 18.12.97

Article 3 - Sentenced persons subject to
                  an expulsion or deportation order

     1. Upon  being   requested   by   the   sentencing   State,   the
administering  State  may,  subject to the provisions of this article,
agree to the transfer of a sentenced person  without  the  consent  of
that   person,  where  the  sentence  passed  on  the  latter,  or  an
administrative decision consequential to that  sentence,  includes  an
expulsion  or  deportation order or any other measure as the result of
which that person will no longer be allowed to remain in the territory
of the sentencing State once he or she is released from prison.
     2. The administering State shall not give its agreement  for  the
purposes  of  paragraph  1  before having taken into consideration the
opinion of the sentenced person.
     3. For  the  purposes  of  the  application of this article,  the
sentencing State shall furnish the administering State with:
     a) a  declaration  containing the opinion of the sentenced person
as to his or her proposed transfer, and
     b) a  copy  of  the  expulsion  or deportation order or any other
order having the effect that the sentenced person will  no  longer  be
allowed  to remain in the territory of the sentencing State once he or
she is released from prison.
     4. Any  person  transferred  under the provisions of this article
shall not be proceeded against,  sentenced or detained with a view  to
the  carrying  out  of a sentence or detention order,  for any offence
committed prior to his or her transfer other than that for  which  the
sentence to be enforced was imposed, nor shall he or she for any other
reason be restricted in his or her personal  freedom,  except  in  the
following cases:
     a) when  the  sentencing  State  so  authorises:  a  request  for
authorisation   shall   be  submitted,  accompanied  by  all  relevant
documents and a legal record of any statement made  by  the  convicted
person;  authorisation shall be given when the offence for which it is
requested would itself be subject to extradition under the law of  the
sentencing  State or when extradition would be excluded only by reason
of the amount of punishment;
     b) when the sentenced person,  having had an opportunity to leave
the territory of the administering  State,  has  not  done  so  within
forty-five  days  of  his or her final discharge,  or if he or she has
returned to that territory after leaving it.
     5. Notwithstanding   the   provisions   of   paragraph   4,   the
administering State may take any measures  necessary  under  its  law,
including  proceedings  in  absentia,  to prevent any legal effects of
lapse of time.
     6. Any  contracting State may,  by way of a declaration addressed
to the Secretary General of the Council of Europe,  indicate  that  it
will  not take over the execution of sentences under the circumstances
described in this article.