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I. Introduction
With the increase in international travel and migration, it has become progressively more common
for countries around the world to convict and sentence foreign citizens to terms of imprisonment
or other forms of deprivation of liberty. This has raised the issue of how best to deal with such
sentenced persons. The Handbook on the International Transfer of Sentenced Persons is designed to
explain how transferring such persons to another State to serve their sentences can contribute to
dealing with them fairly and effectively.
In some countries, the practice is to deport or otherwise remove all foreign sentenced persons
immediately. On the face of it, such removal may seem to be an attractive solution, as the State
in which the offence has been committed may be reluctant to allow offenders to remain there.
However, it has the obvious disadvantage that such foreign sentenced persons may avoid punish-
ment completely. Alternatively, sentenced persons could be made to serve their sentences in the
country in which they have committed their crimes, and then be expelled following the completion
of the sentence. This approach, however, also presents challenges. Not only may serving a sentence
in a foreign country inhibit the rehabilitation of those persons, but there may be other reasons for
transferring them back to their home countries to serve their sentences there.
Since 1985, when the Seventh United Nations Congress on the Prevention of Crime and the
Treatment of Offenders adopted the Model Agreement on the Transfer of Foreign Prisoners1
and
the recommendations on the treatment of foreign prisoners,2
the United Nations and, in particular,
the United Nations Office on Drugs and Crime (UNODC) have sought to play an active role in
facilitating the transfer of sentenced persons. The Handbook is designed to further that process.