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A-57: INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD ADOPTED AT: MANAGUA, NICARAGUA DATE: 06/09/93 CONF/ASSEM/MEETING: TWENTY-THIRD REGULAR SESSION OF THE OAS GENERAL ASSEMBLY ENTRY INTO FORCE: 04/12/96, IN ACCORDANCE WITH THE ARTICLE XVII OF THE CONVENTION DEPOSITORY: GENERAL SECRETARIAT TO OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS) TEXT: OAS, TREATY SERIES, NO.76 UN REGISTRATION: / / No. Vol. OBSERVATIONS: GENERAL INFORMATION OF THE TREATY: A-57
*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWLS
A-57 INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD
1.-Canada: (Declaration made at the time of ratification)
The Government of Canada declares that under current legislation it can neither transfer nor receive persons under Article IX "Application of the Convention in Special Cases" whom the competent authority has Information provided in accordance with Article XVIII. On June 20, 1995, the Government of Canada nitified the General Secretariat with Note OAS No. 0048, that the Central Authority of Canada for the Convention is the Manager, International Transfers, Correctional Service Canada, Solicitor General Canada, 340 Laurier Avenue, West, Ottawa, Ontario, Canada, K1A 0P9.
On October 22, 2007, Canada notified the withdrawal of the declaration made at the time of the ratification of the Inter-American Convention on Serving Criminal Sentences Abroad.
2.-Venezuela: (Provided information in accordance with ARTICLE XI) Appointed the Ministry of Justice as the Central Authority competent to carry out the functions entrusted to it in the Convention.
3.-Mexico:
(Provided information in accordance with ARTICLE XI) Secretaria de Gobernacion Procuraduria General de la Republica
4.-Costa Rica:
(Provided information in accordance with ARTICLE XI) Appointed the Direccion General de Adaptacion Social del Ministerio de Justicia y Gracia as the Central Authority competent to carry out the functions entrusted to it in the Convention.
5.-Chile:
(Provided information in accordance with ARTICLE XI) Appointed the Ministry of Justice as the Central Authority competent to carry out the functions entrusted to it in the Convention.
6.-Brazil: RESERVATION (May 5, 1999) The Brazilian Government hereby issues its reservation to the following text, found in Article VII.2: "including application of any provisions relating to reduction of time of imprisonment or of alternative service of the sentence." (Provided information in accordance with Artilcle XI) Central Authority (April 26, 2001) Secretaria Nacional de Justicia de Brasil Ministerio de Justicia Esplanada dos Ministerios, Bloco T – 4. Andar, sal 424 700-900 Brasilia, DF.- Brasil Telefone: (55 61) 429-3145/3394 Telefax (55 61) 226-5023
7.-United States: RESERVATION / UNDERSTANDING.- (May 25,2001) (1). Reservation.- With respect to Article V, paragraph 7, the United States of America will require that whenever one of its nationals is to be returned to the United States, the sentencing state provide the United States with the documents specified in that paragraph in the English language, as well as the language of the sentencing state. The United States undertakes to furnish a translation of those documents into the language of the requesting state in like circumstances. (2) Understanding.- The United States of America understands that the consent requirements in Articles III, IV, V and VI are cumulative; that is, that each transfer of a sentenced person under this Convention shall require the concurrence of the sentencing state, the receiving state, and the prisoner, and that in the circumstances specified in Article V, paragraph 3, the approval of the state or province concerned shall also be required.
(Provided information in accordance with ARTICLE XI)
Attorney General of the United States Department of Justice, Office of Enforcement Operations, International Prisoner Transfer Unit John C. Keeney Building, 12th Floor Washington D.C. 20004-7600 Phone 202- 514 3173 Fax 202-514 9003
8.-Nicaragua:
Appointed the Supreme Court of Justice as the Central Authority.
9.-Guatemala: Declarations made by Guatemala when signing the Convention and confirmed at the moment of the deposit of the instrument of ratification. 1.Article I.3: It is the understanding of the Republic of Guatemala that a sentence is final when there is no legal appeal or remedy pending against it whatsoever, the period for appeals or remedies has expired, and no notice thereof has been given. 2.Article VI: The Republic of Guatemala may deny the transfer of a sentenced person until he or she has paid the fines imposed or said fines have been converted into prison time by the judicial authorities, as provided for in the sentence, and he or she has paid civil liabilities unless, in both cases, payment is guaranteed to the satisfaction of the State’s judicial authorities. The State retains the right to waive or cancel, in favor of the sentenced person, payment for the redress of damage, as long as this is allowed under domestic law. 3.Article IX: For the Republic of Guatemala, youthful offenders are unindictable. Appointed the Corte de Suprema de Justicia de la República de Guatemala as the Central Authority. (March 1, 2006)
10.-Paraguay: On August 12, 2004, Paraguay appointed the Ministerio de Justicia y Trabajo - Subsecretaría de Estado de Justicia (Dirección General de Justicia), as the central authority to perform the functions described in article IX of the Inter-American Convention on Serving Criminal Sentences Abroad. Address: Herrera esquina Paraguari, Asunción, Paraguay Telephone: (595) 21-451-246 E-mail: gabinetemjt@telesurf.com
11.-El Salvador On December 18, 2007, El Salvador appointed the Dirección General de Centros Penales del Ministerio de Seguridad Pública y Justicia as the central authority for the Inter-American Convention on Serving Criminal Sentences Abroad. |
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