HUMAN RIGHTS FOR EACH PERSON REGARDLESS OF AGE, RACE, RELIGION OR POLITICS
CANADIAN PRISONER EXCHANGE TREATIES
Treaty Between CANADA and THAILAND signed on January 5, 1983.
TREATY ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES BETWEEN
THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND
The Government of Canada and the Government of the Kingdom of Thailand,
TAKING into consideration the laws and regulations in force regarding law enforcement
of the Parties and the desirability of enhancing their cooperative efforts in law
enforcement and the administration of justice; and
DESIRING to cooperate in the execution of penal sentences by enabling offenders to serve
sentences of imprisonment, confinement or other forms of deprivation of liberty in the
country of which they are nationals, thereby facilitating their successful reintegration
HAVE AGREED AS FOLLOWS
For the purposes of this Treaty:
1. "Transferring State" means the Party from which the offender is to be transferred;
2. "Receiving State" means the Party to which the offender is to be transferred;
3. "Offender" means a convicted person who, in the territory of either Party, has been
convicted of a crime and sentenced either to a term of imprisonment, confinement or
other form of deprivation of liberty, or to a term of conditional release, probation
or other form of supervision without confinement.
The term shall include a person subject to confinement, custody or supervision under
the law of the Transferring State.
4. "National" means, for Canada, a Canadian citizen, and, for Thailand, a Thai national.
Conditions for Transfer
The application of this Treaty shall be subject to the following conditions:
1. That the offense, for which the offender to be transferred was convicted and
sentenced, is one which would also be punishable as a crime in the Receiving State
had the offense been committed in the Receiving State.
This condition shall not be interpreted so as to require that the crimes described
in the laws of the two Parties be identical in matters not affecting the character
of the crimes such as the quantity of property or money taken or possessed.
2. That the offender to be transferred is a national of the Receiving State.
3. That the offender to be transferred was not being punished in Thailand for as
(a) against the internal or external security of the state;
(b) against the Head of State of the Transferring State or a member of his family; or
(c) against legislation protecting national art treasures.
4. That there is at least one year of the offender's sentence remain to be served at the
time of the application for transfer;
5. That no further or other legal proceedings relating to the offense or any other offense
are pending in the Transferring State.
6. That, in the case of imprisonment, confinement or other form of deprivation of liberty,
the offender shall, at the time of transfer, have served in the Transferring State and
minimum period of the sentence stipulated by the law of the Transferring State.
7. That the transfer may be refused if:
(a) it is considered by the Transferring State to jeopardize its sovereignty,
its security or its public order;
(b) the offender is also a national of the Transferring State.
Procedure for Transfer
1. Either Party shall have the right to inform the offender, who is within the scope
of the present Treaty, of the substance of the Treaty.
2. Every transfer under this Treaty shall be commenced through diplomatic channels
by a written request from the Receiving State to the Transferring State.
If the Transferring State approves the request, it shall so inform the Receiving State
through diplomatic channels and initiate procedures to effectuate the transfer of
3. In deciding upon the transfer of an offender, each Party shall consider the
(a)the probability that the transfer of the offender will contribute to his social
rehabilitation or otherwise be in his best interests; and
(b)the nature and severity of the offense, including the effects of the offense
within the Transferring and Receiving States and any mitigating or aggravating
4. No offender shall be transferred unless:
(a) he is under a sentence of imprisonment for life:
(b) the sentence which he is serving states a definite termination date, or
the authorities authorized to fix such a date have so acted; or
(c) he is subject to confinement, custody or supervision under the law of the
Transferring State respecting juvenile offenders.
5. The Transferring State shall furnish to the Receiving State a statement showing the
offense of which the offender as convicted, the termination date of the sentence,
the length of time already served by the offender, and any credits to which the
offender is entitled on account of work done, good behavior or pretrial confinement.
6. The Transferring State shall furnish to the Receiving State a certified copy of a
judgments and sentences concerning the offender from the date of his detention
in the Transferring State.
When the Receiving State considers such information insufficient, it may request
7. Delivery of the offender by the authorities of the Transferring State to those of the
Receiving State shall occur at a place within the Transferring State agrees upon by
The Transferring State shall afford an opportunity to the Receiving State, if the
Receiving State so desires, to verify, prior to the transfer, that the offender's
consent to the transfer is given voluntarily and with full knowledge of the
consequences thereof, through an officer designated by the law of the Receiving State.
Retention of Jurisdiction
In respect of sentences to be executed to this Treaty, the Transferring state shall retain
exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them,
and any procedures for revision, modification or cancellation of judgments and sentences
pronounced by its courts. The Receiving State, upon being informed of any revision,
modification or cancellation of such judgment or sentence, shall put such measure into effect.
Procedure for Execution of Sentence
1. Except as otherwise provided in this Treaty, the completion of a transferred offender's
sentence shall be carried out according to the laws and procedures of the Receiving State,
including those governing conditions for service of imprisonment, confinement or
other deprivation of liberty, probation and parole, and those providing for the reduction
of the term of imprisonment, confinement or other deprivation of liberty by parole,
conditional release or otherwise.
The Transferring State shall, in addition, retain a power to pardon the offender or to
commute his sentence and the Receiving State shall, upon being notified of such pardon or
commutation, give effect thereto.
2. The Receiving State may treat under its law relating to juvenile offenders and
offender so categorized under its law regardless of his status under the law of the
3. No sentence of deprivation of liberty shall be enforced by the Receiving State in
such a way as to extend it beyond the period specified in the Sentence of the court
of the Transferring State.'
4. The expenses incurred in the transfer of the offender or in the completion of
the offender's sentence shall be borne by the Receiving State.
5. The authorities of either Party shall at the request of the other Party provide
reports indicating the status of all offenders transferred under this Treaty,
including, in particular, the parole or release of any offender. Either Party may,
at any time, request a special report on the status of the execution of an
6. The transfer of an offender under the provisions of this Treaty shall not entail any
additional disability under the laws of the Receiving State beyond that which the
fact of his conviction may in and of itself already have created.
Transit of Offenders
If either Party enters into an agreement for the Transfer of offenders with any
third State, the other Party shall cooperate in facilitating the transit through
it's territory of offenders being transferred pursuant to such agreement.
The Party intending to make such a transfer will give advance notice to the other
Party of such transit.
1. In implementing this Treaty either Party may establish procedures and
criteria consistent with its purpose and object for determining whether or
not to consent to the transfer of an offender.
2. Each Party shall establish by legislation or regulation the procedures necessary
to give legal effect within its territory to sentences pronounced by courts of
the other Party and each Party agrees to cooperate in the procedures established
by the other Party.
3. Each Party shall designate an authority to perform the functions provided
in this Treaty.
Consent and its Verification
Before the transfer, the Sentencing State shall afford an opportunity to the Receiving
State, if it so desires, to verify through an officer designated by the Receiving State,
that the offender's consent to the transfer has been given voluntarily and with full
knowledge of the legal consequences thereof.
1. This Treaty shall be subject to ratification and shall enter into force on the
date on which instruments of ratification are exchanged.
The exchange of instruments of ratification shall take place at Ottawa as soon
2. The present Treaty shall remain in force for three years from the date upon
which it enters into force.
Thereafter, the Treaty shall continue in force until ninety days from the date upon
which either Party gives written notice to the other Party of its intention to terminate
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed the present Treaty.
DONE at Bangkok, this 5th day of January, 1983 in duplicate, in the Thai,
English and French languages, each version being equally authentic.
For the Government of Canada
For the Government of the Kingdom of Thailand
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