1. The Committee of
Ministers has carefully considered Parliamentary Assembly Recommendation
2057 (2014) on “Measures to prevent abusive use of the Convention
on the Transfer of Sentenced Persons (ETS No. 112)”, which it has
communicated to the European Committee on Crime Problems (CDPC)
for information and possible comments.
2. The Committee underlines that the Convention on the Transfer
of Sentenced Persons is a valuable instrument for international
co-operation in penal matters. For this reason, it shares the view
of the Parliamentary Assembly that the use of its Article 12 relating
to pardon and amnesty should not go against the aims of the Convention
by granting an immediate release to the prisoner upon transfer in
order to nullify the sentence imposed on him/her. The Committee
also welcomes the Assembly’s recommendation to encourage sentencing
and administering States to conclude, in cases which may have political
and diplomatic repercussions, ad hoc arrangements ensuring that
the administering State will strictly comply with the principles
of the Convention.
3. The Committee of Ministers finally observes that the CDPC
has noted the need to improve the implementation of the Convention
on the Transfer of Sentenced Persons (ETS No. 112) and its Additional Protocol
(ETS No.167). It notes that there is an ongoing process of revision
of Convention No. 112 within the Committee of Experts on the Operation
of European Conventions on Co-operation in Criminal Matters (PC‑OC).
The Committee of Ministers will keep the Assembly informed about
any development in this respect.
