Law of Ukraine
“On Ratification of the Agreement between the United Nations and Ukraine on the Enforcement of Sentences of the International Criminal Tribunal for the Former Yugoslavia”
Date of entry into force:
June 17, 2012
The Agreement between the United Nations and Ukraine on the Enforcement of Sentences of the International Criminal Tribunal for the Former Yugoslavia (hereinafter referred to as “Agreement”) was signed on August 7, 2007 in Hague.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine" the Agreement is subject to ratification.
The Law ratifies the Agreement.
The Agreement shall regulate matters relating to or arising out of all requests to Ukraine to enforce sentences imposed by the International Tribunal for the Former Yugoslavia (hereinafter referred to as “International Tribunal”).
According to Article 2 of the Agreement, a request to Ukraine to enforce a sentence shall be made by the Registrar of the International Tribunal (hereinafter: “the Registrar”), with the approval of the President of the International Tribunal. The Registrar shall provide the following documents to Ukraine when making the request:
- a certified copy of the judgement;
- a statement indicating how much of the sentence has already been served, including information on any pre-trial detention;
- when appropriate, any medical or psychological reports on the convicted person, any recommendation for his or her further treatment in the requested State and any other factor relevant to the enforcement of the sentence.
The Ukrainian national authority to receive requests of the Registrar referred to in the Agreement is the Ministry of Justice of Ukraine. The Registrar may submit the request or any other communication directly to the Ministry of Justice of Ukraine, or through diplomatic channels.
In enforcing the sentence pronounced by the International Tribunal, Ukraine shall be bound by the duration of the sentence. In the event the sentence pronounced exceeds the maximum sentence duration stipulated by Ukrainian national law, only the part of the sentence amounting to the maximum sentence duration envisaged under Ukrainian legislation shall be enforceable in Ukraine. The Ministry of Justice shall notify the Registrar, in writing, six months prior to the completion of the part of the sentence enforceable in Ukraine. If, pursuant to the applicable national law of Ukraine, the convicted person is eligible for early release, including early release for the reason of illness, Ukraine shall notify the Registrar accordingly. The President of the International Tribunal shall determine, in consultation with the Judges of the International Tribunal, whether any early release is appropriate. The Registrar shall inform Ukraine of the President’s determination. If the President determines that an early release is not appropriate, Ukraine shall act accordingly (Article 3 of the Agreement).
Article 5 of the Agreement envisages that the convicted person shall not be tried before a court of Ukraine for acts constituting serious violations of international humanitarian law under the Statute of the International Tribunal, for which he has already been tried by the International Tribunal.
The competent authorities of Ukraine shall allow the inspection of the conditions of detention and treatment of the prisoner(s) by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment at any time and on a periodic basis, the frequency of visits to be determined by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (Article 6 of the Agreement).
According to Article 9 of the Agreement, the enforcement of the sentence shall cease:
- when the sentence has been completed;
- upon the demise of the convicted;
- upon the pardon of the convicted;
- following a decision of the International Tribunal to terminate the enforcement in Ukraine and transfer the convicted person to another State or to the International Tribunal.
If, at any time after the decision has been taken to enforce the sentence, for any legal, medical or practical reasons, further enforcement has become impossible, Ukraine shall promptly inform the Registrar. The Registrar shall make the appropriate arrangements for the transfer of the convicted person. The competent authorities of Ukraine shall allow for at least sixty days following the notification of the Registrar before taking other measures on the matter (Article 10 of the Agreement).
Article 11 of the Agreement envisages that the International Tribunal shall bear the expenses related to the transfer of the convicted person to and from Ukraine, unless the Parties of the Agreement agree otherwise. Ukraine shall pay all other expenses incurred by the enforcement of the sentence.