The convention on transfer of persons suffering from mental disturbances for performing forced treatment

of March 28, 1997

The State Parties of the Commonwealth of Independent States which are referred to as further with Contracting Parties

proceeding from the principle of the state sovereignty and on the basis of mutual respect and cooperation,

being guided by the fact that legal state cooperation shall promote return of persons which are on forced treatment to normal life in society,

recognizing that performing forced treatment in the state of their permanent residence would promote more effective achievement of the specified purpose according to the principles and standards of the UN,

agreed as follows:

Article 1

The citizens of each of Contracting Parties who made socially dangerous acts by mutual consent of these Contracting Parties are transferred in diminished responsibility condition concerning which there is judgment about application to them enforcement powers of medical nature in the territory of other Contracting Party for passing of forced treatment to that state which citizens they are or in the territory of which constantly live (if are stateless persons).

Article 2

Transfer of person for passing of forced treatment is performed if:

a) the judgment about application of enforcement powers of medical nature took legal effect;

b) person directed to forced treatment made the act which is penal by the legislation of both Contracting Parties;

c) the legislation of both Contracting Parties provides similar measures of medical nature;

d) the accepting Contracting Party has opportunity to provide necessary treatment and adequate measures of safety;

e) the consent of the patient, and in case of its inability to free declaration of will - the consent of his legal representative is received.

Article 3

Transfer of persons for performing forced treatment is performed according to the address as Contracting Party which court passes the decision, and the Contracting Party which citizen person is or in the territory of which constantly lives.

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