The Convention on the Transfer of Sentenced Persons was done at Strasbourg on 21 March 1983. Two equally authentic languages: English and French, in a single copy in the archives of the Council of Europe. Depositary: the Secretary General. ETS No. 112. Open for signature by member States and by non-member States which participated in its elaboration. It entered into force on the first day of the month following three months after three member States had consented to be bound — 1 July 1985. UNTS No. 25703. It is not an extradition treaty: Article 22 leaves extradition treaties untouched.

The preamble aims at social rehabilitation: foreigners deprived of liberty should be able to serve their sentences in their own society. Article 1: a sentence is any punishment or measure involving deprivation of liberty, for a limited or unlimited period, ordered by a court for a criminal offence; sentencing State and administering State. Article 2: the widest measure of co-operation; either State may request a transfer; the sentenced person may express an interest in being transferred.

Article 3, at the level of principle: nationality of the administering State; a final judgment; at least six months still to serve or an indeterminate sentence; consent of the person or a legal representative; dual criminality; agreement of both States. Article 7: consent must be given voluntarily, with knowledge of the legal consequences; the administering State may verify it through a consul. Articles 4–6: information and supporting documents, without reproducing a case file. This is not an escort or custody handbook.

Articles 8–11: taking the person into charge suspends enforcement in the sentencing State; the administering State either continues the sentence or converts it, without aggravating the penal position and without converting a custodial sanction into a fine. Article 12: pardon, amnesty or commutation under domestic law. Article 13: review of the judgment remains with the sentencing State. Article 18: three member-State ratifications. Article 19: accession by other States at the invitation of the Committee of Ministers.

Additional Protocol ETS No. 167 of 18 December 1997 is a later instrument. EU Framework Decision 2008/909/JHA is a distinct regime for EU nationals. The European Convention on the International Validity of Criminal Judgments remains a separate treaty.

Cover: the Palais de l Europe in Strasbourg, seat of the Council of Europe, depositary of the Convention. Wikimedia Commons, free licence.

Sources consulted: Convention on the Transfer of Sentenced Persons; Convention on the Transfer of Sentenced Persons (ETS No. 112).