PR: 9 Nov APL

 Pakistan may ask for transfer of trio  sentenced   players under a bilateral agreement

 Barrister Amjad Malik

 Barrister Amjad Malik, chair of the Association of Pakistani lawyers (UK) has opined that if the players consent, Pakistan through diplomatic channels may ask for transfer of three sentenced players.

 He confirmed that under a bilateral agreement signed on 19 August 2008 between Kamal Shah then Secretary Interior and Robert Brinkley on behalf of the British government between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Islamic Republic of Pakistan on the Transfer of Prisoners where it was agreed that each state may request for the transfer of prisoners from each other's jurisdiction.

 Article 4 of the agreement sets the general principles and 4(2)

 states, " A person sentenced in the territory of the State of one

 Party may be transferred to the territory of the State of the other

 Party, in accordance with the provisions of this Agreement, in order

 to serve the sentence imposed on him. To that end he may express his

 interest to the Transferring State or to the Receiving State in being transferred under this Agreement".

 The condition of such transfer are very simple. Article 4 of the agreement states, "

 A prisoner may be transferred under this Agreement, if

 (a) the prisoner is a national of the Receiving State for the purposes

 of this

 Agreement;(b) the judgment is final and no other legal proceedings

 relating to the offence or any other offence committed by the prisoner

 are pending in the Transferring State;(c) at the time of receipt of

 the request for the transfer, the prisoner still has at least six

 months of the sentence to serve, or if the sentence is indeterminate. In exceptional cases, the Parties may agree to a transfer even if the prisoner has less than six months of the sentence left to serve;(d) the prisoner himself consents to the transfer or, where in view of his age, physical or mental condition, one of the Parties considers it necessary, his legal representative does so on his behalf; (e) the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the Receiving State or would constitute a criminal offence if committed on its territory; and (f) the Transferring and Receiving States agree to the transfer".

 End:-

 Notes for Editors

 Copy of the Agreement

 http://www.official-documents.gov.uk/document/cm74/7494/7494.pdf

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