India, Brazil ink treaty for repatriation of prisoners

India and Brazil have sealed a treaty for repatriation of convicted prisoners so that they can serve their remaining jail term in their own country.

According to a Home Ministry notification, the Instruments of Ratification by India and Brazil were exchanged on January 24, 2019.

A sentenced person will be transferred under this agreement only on the conditions that the sentenced person is a national of the receiving state, the death penalty has not been imposed on the sentenced person, the judgment is final and there is no inquiry, trial or any other proceeding is pending against the sentenced person in the transferring State.

Besides, at the time of receipt of the request for transfer, the sentenced person still has at least one year of the sentence to serve, that the acts or omissions for which that person was sentenced in the transferring state are those which are punishable as a crime in the receiving state, or would constitute a criminal offence if committed on its territory, the sentenced person has not been convicted for an offence under the military law and the transfer of custody of the sentenced person to the receiving state shall not be prejudicial to the sovereignty, security or any other interest of the transferring state, the notification said.

As per the pact, the two countries agree to maintain highest possible mutual cooperation in all matters related to the transfer to sentenced persons pursuant to the terms and provisions of this agreement, a person sentenced in the territory of one contracting state may be transferred to the territory of the other contracting state in accordance with the provisions of this agreement in order to serve the sentence imposed on him and to that end, may express to the transferring state or to the receiving state his or her wish to be transferred under the terms of this agreement.

The full text of the agreement on transfer of sentenced persons was signed by India and Brazil on October 15, 2013. It was ratified by India on January 1, 2014 and by Brazil on October 24, 2018 and the Instruments of Ratification by India and Brazil exchanged on January 24, 2019.