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Recommendation 2057 (2014) Final version
Measures to prevent abusive use of the Convention on the Transfer of Sentenced Persons (ETS No. 112)
1. The Parliamentary Assembly refers
to its Resolution 2022
(2014) on measures to prevent abusive use of the Convention
on the Transfer of Sentenced Persons (ETS No. 112), as well as its Recommendation 1527 (2001) on
the operation of the Council of Europe Convention on the Transfer
of Sentenced Persons – critical analysis and recommendations. It
further recalls Committee of Ministers Recommendation No. R (84) 11 concerning
information about the Convention on the Transfer of Sentenced Persons,
as well as Recommendations Nos. R (88) 13 and R (92) 18 concerning
the practical application of this convention.
2. The Assembly invites the Committee of Ministers to:
2.1. reiterate that the Convention
on the Transfer of Sentenced Persons is not primarily intended to be
used for the immediate release of prisoners upon return to their
home countries, and clearly state that this understanding should
also guide the application of Article 12 of the convention which
provides for pardons and amnesties;
2.2. recommend to States Parties to the convention to conclude,
in particular in cases which may have political or diplomatic repercussions,
ad hoc arrangements between a sentencing and an administering State,
in the form of an addendum to a transfer agreement under the convention
which would stipulate stringent assurances by the administering
State to abide by the general principles of the convention; such
an addendum could, inter alia, comprise
information by the administering State, in a specific case, concerning
the manner in which it intends to apply Article 12 of the convention.