A/RES/52/164
Page 8
Article 13
1. A person who is being detained or is serving a sentence in the territory of one State Party whose
presence in another State Party is requested for purposes of testimony, identification or otherwise providing
assistance in obtaining evidence for the investigation or prosecution of offences under this Convention may
be transferred if the following conditions are met:
(a) The person freely gives his or her informed consent; and
(b) The competent authorities of both States agree, subject to such conditions as those States may deem
appropriate.
2.
For the purposes of the present article:
(a) The State to which the person is transferred shall have the authority and obligation to keep the
person transferred in custody, unless otherwise requested or authorized by the State from which the person
was transferred;
(b) The State to which the person is transferred shall without delay implement its obligation to return
the person to the custody of the State from which the person was transferred as agreed beforehand, or as
otherwise agreed, by the competent authorities of both States;
(c) The State to which the person is transferred shall not require the State from which the person was
transferred to initiate extradition proceedings for the return of the person;
(d) The person transferred shall receive credit for service of the sentence being served in the State from
which he was transferred for time spent in the custody of the State to which he was transferred.
3. Unless the State Party from which a person is to be transferred in accordance with the present article
so agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any
other restriction of his or her personal liberty in the territory of the State to which that person is transferred
in respect of acts or convictions anterior to his or her departure from the territory of the State from which
such person was transferred.
Article 14
Any person who is taken into custody or regarding whom any other measures are taken or proceedings
are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all
rights and guarantees in conformity with the law of the State in the territory of which that person is present
and applicable provisions of international law, including international law of human rights.
Article 15
States Parties shall cooperate in the prevention of the offences set forth in article 2, particularly:
(a) By taking all practicable measures, including, if necessary, adapting their domestic legislation, to
prevent and counter preparations in their respective territories for the commission of those offences within
or outside their territories, including measures to prohibit in their territories illegal activities of persons,
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