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Pardoning of Prisoners Transferred to Puntland and Somaliland (Is There Any Violation Of Law?)

DOI : https://doi.org/10.36349/EASJEHL.2020.v03i08.005
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The international transfer of prisoners is a repatriation of own prisoners from foreign countries where they have been sentenced to their home country for serving the unexecuted part of their imprisonment punishment. This is the only modality of international judicial cooperation designed to benefit nationals of the receiving country. Their transfer aims, mostly, at saving from bad conditions abroad. In addition, accepting countries often try to grant further benefits to their repatriated nationals, first of all, by pardoning them. However, the pardon is a typical but, at the same time, not a popular solution. Any release of transferees, including the conditional and the one based on amnesty, by a given country is likely to prevent foreign countries from transferring its imprisoned nationals prisoners to it. This is why the unreasonable pardoning of transferees may inevitably sacrifice the essential interests of a greater number of other nationals imprisoned abroad (already sentenced or those who will be sentenced in a foreign country). Apart from this tactical issue, the receiving country must, first of all, clarify whether it can legally grant pardon to transferees. This is even a more difficult and controversial issue. It is the subject of this paper

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Lecturer, Dept. of Pharmacology and Therapeutics, Shaheed Monsur Ali Medical College & Hospital, Uttara, Dhaka-1230, Bangladesh

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