Ministers' Deputies
Notes on the Agenda

CM/Notes/769/10.5 12 October 2001
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769 Meeting, 17 October 2001
10 Legal Questions

10.5 Request from Venezuela to be invited to accede to the Convention on the transfer of sentenced persons (ETS no. 112)

Reference document
CM/Notes/759/10.1

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Action
The Deputies are called upon to invite Venezuela to accede to the Convention on the transfer of sentenced persons (ETS no. 112).

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In a letter dated 18 January 1999, Mr Luis Xavier GRISANTI, Ambassador of Venezuela in Belgium and Luxembourg, informed the Secretary General of the Council of Europe about the interest of his Government in a possible accession to the Convention on the Transfer of Sentenced Persons (ETS no. 112).

 

At the request of the authorities of Venezuela, the Secretariat carried out an informal consultation, which revealed some reservations among Council of Europe member States. Taking into account observations which were made during the informal consultation, by letter dated 24 March 1999, the Secretariat requested the Venezuelan authorities to provide additional information on their legislation and practice in the area covered by the Convention.

 

The information provided by Venezuela in response to such request was examined by

the Rapporteur Group on Legal Co-operation (GR-J) during its meeting on 11 June 2001. Pursuant to this examination, in the course of which there were no objections on the part of delegations on the issue of a possible request from Venezuela to accede to the Convention, the Group concluded that the Secretariat should continue its consultations with the Venezuelan authorities so that they could lodge an official request to accede to the Convention (Item 5 of GR-J(2001)CB3).

 

Accordingly, by fax dated 13 June 2001, the Secretariat informed Ambassador Grisanti of the conclusions of the GR-J meeting.

 

On 2 October 2001, the Secretariat has received a letter dated 27 September 2001 (see Appendix) in which the Government of Venezuela formally expresses its will to accede to the Convention on the Transfer of Sentenced Persons. The letter reiterates that the Government of Venezuela shall apply, in principle, the provision stipulated in Article 10 of the Convention on the procedure of enforcement of the sentence, and that it shall require a minimum sentence of six months before the transfer of the sentenced person.

 

 

 

Financing assured: YES

 

 

 

DRAFT DECISION 

 

769th meeting – 17 October 2001

 

 

Item 10.5

 

 

Request from Venezuela to be invited to accede to the Convention on the transfer of sentenced persons (ETS no. 112)

(CM/Notes/759/10.1)

 

 

Decision

 

The Deputies invited Venezuela to accede to the Convention on the transfer of sentenced persons (ETS no. 112).

 


Appendix 

TRANSLATION

BOLIVARIAN REPUBLIC OF VENEZUELA

Embassy to the King of the Belgians, the Grand Duke of Luxembourg

And Mission to the European Union

 

 

 

Brussels, 2 October 2001

 

 

 

 

Dear Mr Polakiewicz,

 

I have pleasure in forwarding to you the enclosed copy of the note signed by the Minister for Foreign Affairs of the Bolivarian Republic of Venezuela, His Excellency Luís Alfonso Dávila, addressed to the Secretary General of the Council of Europe.  In this note, the Government of the Bolivarian Republic of Venezuela expresses its wish to accede to the Convention on the transfer of sentenced persons, signed in Strasbourg on 21 March 1983.

 

Your sincerely,

 

(signed)  Luís Xavier Grisanti

Ambassador

 

Mr. Jörg Polakiewicz

Principal Officer

Directorate of Legal Affairs

Treaty Office

Secretariat General

Council of Europe

 

Enc. : document referred to.