THE LEGAL STATUS OF CONVICTED PERSONS IN TRANSNATIONAL PROCESSES: TRANSFER MECHANISMS, PROTECTION STANDARDS AND THE PROBLEM OF JURISDICTIONAL CONFLICTS

Summary

This article examines the legal status of convicted persons in the context of transnational processes — extradition and the transfer of sentenced persons for the enforcement of penalties. The study analyses the international legal mechanisms for the relocation of convicted persons, including the Council of Europe Convention on the Transfer of Sentenced Persons of 1983, as well as the role of the Republic of Azerbaijan in implementing these mechanisms. Particular attention is given to the system of standards for the protection of individual rights in extradition and transfer procedures — the rule of speciality, the principle of non-aggravation of the legal position, and procedural guarantees — as well as to the resolution of the problem of "conflict of jurisdictions" in defining the limits of national penitentiary sovereignty. The author concludes that States' international treaty obligations form a system of constraints on penitentiary sovereignty, within which the legal status of a convicted person is ensured through continuity of protection when crossing State borders.