Common use of Transfer of Suspects and Defendants Clause in Contracts

Transfer of Suspects and Defendants. a. Where a non-Israeli suspected of, charged with, or convicted of, an offense that falls within Palestinian criminal jurisdiction is present in Israel, the Council may request Israel to arrest and transfer the individual to the Council. b. Where an individual suspected of, charged with, or convicted of, an offense that falls within Israeli criminal jurisdiction, is present in the Territory, Israel may request the Council to arrest and transfer the individual to Israel. c. Requests under subparagraph a. and b. above shall specify the grounds for the request and shall be supported by an arrest warrant issued by a competent court. d. Where the request is for the transfer of a suspect who is not a Palestinian requested by the Council; (1) the arrest warrant shall only be issued pursuant to an application made by or on behalf of the Attorney-General, confirming that there is a reasonable evidentiary basis that the offense was committed by the suspect; (2) the offense must be punishable by not less than 7 years imprisonment under the law of the requesting side. (1) Individuals suspected of offenses punishable by less than 7 years' imprisonment shall be interrogated by the investigating side in a facility of the other side or at an agreed location. (2) Interrogation shall take place in the presence of a police officer of the other side. (3) Upon the request of the investigating side the other side may detain the suspect in custody pending and during questioning. Where the presence of the suspect is required for an objective reason, such as confronting witnesses and identification of sites the suspect shall be transferred for that purpose only. (1) Both sides, upon receipt of a request in accordance with this Article, shall effect the arrest and transfer requested. (2) If the individual requested is detained in custody or is serving a prison sentence, the side receiving the request may delay the transfer to the requesting side for the duration of the detention or imprisonment. g. No person shall be transferred in respect of an offense punishable by capital punishment unless the requesting side undertakes that capital punishment shall not be imposed in the case. (1) Both sides shall take all necessary measures to ensure that the treatment of the individuals transferred under this article complies with the applicable legal arrangements in Israel and in the Territory and with internationally- accepted norms of human rights regarding criminal investigations. (2) suspects transferred under this paragraph shall have the right to be assisted during the investigation period by an advocate of their own choice. i. Each side may, upon the request of the other side, detain, for no more than seven days, an individual in respect of whom a request for arrest and transfer is to be made, pending the submission of such a request. j. The transfer of foreigners by Israel to the Council under this Article shall be subject to the applicable conventions to which Israel is a party and in coordination with the foreigner's state of origin. k. Both sides may agree that an individual convicted in the courts of one side shall serve his sentence in a prison of the other side, subject to arrangements and conditions to be agreed between the sides.

Appears in 1 contract

Samples: Interim Agreement

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Transfer of Suspects and Defendants. a. Where There a non-Israeli suspected of, charged with, with or convicted of, of an offense that falls within Palestinian criminal jurisdiction is present in Israel, the Council Palestinian Authority may request Israel to arrest and transfer the individual to the CouncilPalestinian Authority. b. Where an individual suspected of, charged with, with or convicted of, of an offense that falls within Israeli criminal jurisdiction, jurisdiction is present in the Territory, Israel may request the Council Palestinian Authority to arrest and transfer the individual to Israel. c. Requests under subparagraph subparagraphs a. and b. above shall specify the grounds for the request and shall be supported by an arrest warrant issued by a competent court. d. Where the request is for the transfer of a suspect who is not a Palestinian requested by the Council;Palestinian Authority: (1) . the arrest warrant shall only be issued pursuant to an application made by or on behalf of the Attorney-General, confirming that there is a reasonable evidentiary basis that the offense was committed by the suspect; (2) . the offense must be punishable by not less than 7 years years' imprisonment under the law of the requesting side. (1) . Individuals suspected of offenses punishable by less than 7 years' imprisonment shall be interrogated by the investigating side in a facility of the other side or at an agreed location. (2) . Interrogation shall take place in the presence of a police officer of the other side. (3) . Upon the request of the investigating side the other side may detain the suspect in custody pending and during the questioning. 4. Where the presence of the suspect is required for an objective reason, reason such as confronting witnesses and identification of sites site, the suspect shall be transferred for that purpose only. (1) . Both sides, upon receipt of a request in accordance with this Article, shall effect the arrest and transfer requested. (2) . If the individual requested is detained in custody or is serving a prison sentence, the side receiving the request may delay the transfer to the requesting side for the duration of the detention or imprisonment. g. No person shall be transferred in respect of an offense punishable by capital punishment unless the requesting side undertakes that capital punishment shall not be imposed in the case. (1) . Both sides shall take all necessary measures to ensure that the treatment of the individuals transferred under this article Article complies with the applicable legal arrangements in Israel and in the Territory and with internationally- internationally-accepted norms of human rights regarding criminal investigations. (2) suspects . Suspects transferred under this paragraph shall have the right to be assisted during the investigation period by an advocate of their own choice. i. Each side may, upon the request of the other side, detain, for no more than seven days, an individual in respect of whom a request for arrest and transfer is to be made, pending the submission of such a request. j. The transfer of foreigners by Israel to the Council Palestinian Authority under this Article shall be subject to the applicable conventions to which Israel is a party and in coordination with the foreigner's state of origin. k. Both sides may agree that an individual convicted in the courts of one side shall serve his sentence in a prison of the other side, subject to arrangements and conditions to be agreed between the sides.

Appears in 1 contract

Samples: Protocol Concerning Legal Matters

Transfer of Suspects and Defendants. a. Where There a non-Israeli suspected of, charged with, with or convicted of, of an offense that falls within Palestinian criminal jurisdiction is present in Israel, the Council Palestinian Authority may request Israel to arrest and transfer the individual to the CouncilPalestinian Authority. b. Where an individual suspected of, charged with, with or convicted of, of an offense that falls within Israeli criminal jurisdiction, jurisdiction is present in the Territory, Israel may request the Council Palestinian Authority to arrest and transfer the individual to Israel. c. Requests under subparagraph subparagraphs a. and b. above shall specify the grounds for the request and shall be supported by an arrest warrant issued by a competent court. d. Where the request is for the transfer of a suspect who is not a Palestinian requested by the Council;Palestinian Authority: (1) the arrest warrant shall only be issued pursuant to an application made by or on behalf of the Attorney-General, confirming that there is a reasonable evidentiary basis that the offense was committed by the suspect; (2) the The offense must be punishable by not less than 7 years years' imprisonment under the law of the requesting side. (1) Individuals suspected of offenses punishable by less than 7 years' imprisonment shall be interrogated by the investigating side in a facility of the other side or at an agreed location. (2) Interrogation shall take place in the presence of a police officer of the other side. (3) Upon the request of the investigating side the other side may detain the suspect in custody pending and during the questioning. . (4) Where the presence of the suspect is required for an objective reason, reason such as confronting witnesses and identification of sites site, the suspect shall be transferred for that purpose only. (1) Both sides, upon receipt of a request in accordance with this Article, shall effect the arrest and transfer requested. (2) g. If the individual requested is detained in custody or is serving a prison sentence, the side receiving the request may delay the transfer to the requesting side for the duration of the detention or imprisonment. g. h. No person shall be transferred in respect of an offense punishable by capital punishment unless the requesting side undertakes that capital punishment shall not be imposed in the case. (1) Both sides shall take all necessary measures to ensure that the treatment of the individuals transferred under this article Article complies with the applicable legal arrangements in Israel and in the Territory and with internationally- internationally-accepted norms of human rights regarding criminal investigations. (2) suspects Suspects transferred under this paragraph shall have the right to be assisted during the investigation period by an advocate of their own choice. i. Each side may, upon the request of the other side, detain, for no more than seven days, an individual in respect of whom a request for arrest and transfer is to be made, pending the submission of such a request. j. The transfer of foreigners by Israel to the Council Palestinian Authority under this Article shall be subject to the applicable conventions to which Israel is a party and in coordination with the foreigner's state of origin. k. Both sides may agree that an individual convicted in the courts of one side shall serve his sentence in a prison of the other side, subject to arrangements and conditions to be agreed between the sides.

Appears in 1 contract

Samples: Agreement on the Gaza Strip and the Jericho Area

Transfer of Suspects and Defendants. a. Where a non-Israeli suspected of, charged with, with or convicted of, of an offense that falls within Palestinian criminal jurisdiction is present in Israel, the Council Palestinian Authority may request Israel to arrest and transfer the individual to the CouncilPalestinian Authority. b. Where an individual suspected of, charged with, with or convicted of, of an offense that falls within Israeli criminal jurisdiction, jurisdiction is present in the Territory, Israel may request the Council Palestinian Authority to arrest and transfer the individual to Israel. c. Requests under subparagraph subparagraphs a. and b. above shall specify the grounds for the request and shall be supported by an arrest warrant issued by a competent court. d. Where the request is for the transfer of a suspect who is not a Palestinian requested by the Council;Palestinian Authority: (1) the arrest warrant shall only be issued pursuant to an application made by or on behalf of the Attorney-General, confirming that there is a reasonable evidentiary basis that the offense was committed by the suspect; (2) the offense must be punishable by not less than 7 years years' imprisonment under the law of the requesting side. (1) Individuals suspected of offenses punishable by less than 7 years' imprisonment shall be interrogated by the investigating side in a facility of the other side or at an agreed location. (2) Interrogation shall take place in the presence of a police officer of the other side. (3) Upon the request of the investigating side the other side may detain the suspect in custody pending and during the questioning. . (4) Where the presence of the suspect is required for an objective reason, reason such as confronting witnesses and identification of sites site, the suspect shall be transferred for that purpose only. (1) Both sides, upon receipt of a request in accordance with this Article, shall effect the arrest and transfer requested. (2) If the individual requested is detained in custody or is serving a prison sentence, the side receiving the request may delay the transfer to the requesting side for the duration of the detention or imprisonment. g. No person shall be transferred in respect of an offense punishable by capital punishment unless the requesting side undertakes that capital punishment shall not be imposed in the case. (1) Both sides shall take all necessary measures to ensure that the treatment of the individuals transferred under this article Article complies with the applicable legal arrangements in Israel and in the Territory and with internationally- accepted norms of human rights regarding criminal investigations. (2) suspects Suspects transferred under this paragraph shall have the right to be assisted during the investigation period by an advocate of their own choice. i. Each side may, upon the request of the other side, detain, for no more than seven days, an individual in respect of whom a request for arrest and transfer is to be made, pending the submission of such a request. j. The transfer of foreigners by Israel to the Council Palestinian Authority under this Article shall be subject to the applicable conventions to which Israel is a party and in coordination with the foreigner's state of origin. k. Both sides may agree that an individual convicted in the courts of one side shall serve his sentence in a prison of the other side, subject to arrangements and conditions to be agreed between the sides.

Appears in 1 contract

Samples: Agreement on the Gaza Strip and the Jericho Area

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Transfer of Suspects and Defendants. a. Where a non-Israeli suspected of, charged with, or convicted of, an offense that falls within Palestinian criminal jurisdiction is present in IsraelIsrael , the Council may request Israel to arrest and transfer the individual to the Council. b. Where an individual suspected of, charged with, or convicted of, an offense that falls within Israeli criminal jurisdiction, is present in the Territory, Israel may request the Council to arrest and transfer the individual to Israel. c. Requests under subparagraph a. and b. above shall specify the grounds for the request and shall be supported by an arrest warrant issued by a competent court. d. Where the request is for the transfer of a suspect who is not a Palestinian requested by the Council;: (1) . the arrest warrant shall only be issued pursuant to an application made by or on behalf of the Attorney-General, confirming that there is a reasonable evidentiary basis that the offense was committed by the suspect; (2) . the offense must be punishable by not less than 7 years imprisonment under the law of the requesting side. (1) . Individuals suspected of offenses punishable by less than 7 years' , imprisonment shall be interrogated by the investigating side in a facility of the other side or at an agreed location. (2) . Interrogation shall take place in the presence of a police officer of the other side. (3) . Upon the request of the investigating side the other side may detain the suspect in custody pending and during questioning. 4. Where the presence of the suspect is required for an objective reason, such as confronting witnesses and identification of sites site, the suspect shall be transferred for that purpose only. (1) . Both sides, upon receipt of a request in accordance with this Article, shall effect the arrest and transfer requested. (2) . If the individual requested is detained in custody or is serving a prison sentence, the side receiving the request may delay the transfer to the requesting side for the duration of the detention or imprisonment. g. No person shall be transferred in respect of an offense punishable by capital punishment unless the requesting side undertakes that capital punishment shall not be imposed in the case. (1) . Both sides shall take all necessary measures to ensure that the treatment of the individuals transferred under this article complies with the applicable legal arrangements in Israel and in the Territory and with internationally- internationally-accepted norms of human rights regarding criminal investigations. (2) . suspects transferred under this paragraph shall have the right to be assisted during the investigation period by an advocate of their own choice. i. Each side may, upon the request of the other side, detain, for no more than seven days, an individual in respect of whom a request for arrest and transfer is to be made, pending the submission of such a request. j. The transfer of foreigners by Israel to the Council under this Article shall be subject to the applicable conventions to which Israel is a party and in coordination with the foreigner's state of origin. k. Both sides may agree that an individual convicted in the courts of one side shall serve his sentence in a prison of the other side, subject to arrangements and conditions to be agreed between the sides.

Appears in 1 contract

Samples: Protocol Concerning Legal Affairs

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