«States Parties may consider entering into bilateral or multilateral agreements or arrangements for the transfer of persons sentenced to custodial sentences or other forms of deprivation of liberty for offences covered by this Convention to complete their sentences.» UNODC actively assists states in cooperating in the transfer of convicted persons to ensure that they are treated fairly and to ensure the proper functioning of criminal justice systems. In 2012, UNODC published a manual on the international transfer of convicted persons to explain how the transfer of convicted persons can contribute to the exercise of their sentences in their country of origin, both to their fair treatment and to their effective rehabilitation. In general, it is preferable for prisoners to be detained in their own country or otherwise deprived of their liberty, where they have access to family visits and where their rehabilitation, reintegration and reintegration are supported by familiarity with the local community and culture. However, if prisoners are deported or deported inappropriately to serve their sentences in their country of origin, this can lead them to escape punishment altogether and simply resume their criminal activities. If the conditions of detention in the prisoner`s country of origin are below average, his imprisonment or deprivation of liberty may constitute a violation of his fundamental rights. States are prohibited from transferring people in such situations. In 1985, the Seventh Un Congress on the Prevention of Crimes and the Treatment of Criminals adopted the UN MUSTER Agreement on the Transfer of Foreign Prisoners and Recommendations on the Treatment of Foreign Prisoners (see page 30). This agreement provides not only a model for bilateral agreements, but also for multilateral agreements that all UN member states can adapt to their specific legal systems. The transfer can be requested either by the state in which the sentence was handed down (criminal state), or by the state in which the convicted person is a national (state of administration). It is subject to the consent of these two states as well as the consent of the convicted person. Several international instruments are also relevant to the international transfer of convicted persons, including those relating to the rehabilitation and human rights of prisoners. These include the UN Convention on Transnational Organised Crime, which stipulates in Article 17 that the Convention also defines the procedure for executing the sentence after the transfer. Whatever procedure chosen by the State of administration, the custodial sentence must not be commuted to a fine and any period of detention that the convict has already served must be taken into account by the administrative state.
The sentence in the state of administration should not be longer or more severe than the punishable sentence. Transfer regimes are based on bilateral or multilateral agreements that provide a framework for the transfer of prisoners.