Basic Requirements
Prisoner transfers can occur only by consent of the sentencing country, the receiving country, and the prisoner. The basic requirements are:
The judgment and conviction must be final – no direct appeals or collateral attacks pending;
The prisoner, sentencing country, and receiving country must consent to the transfer;
The prisoner must be a national of the receiving country;
A minimum amount of time must remain on the sentence (typically 6 months);
No charges or detainers may be pending against the prisoner in the sentencing country;
Dual criminality must exist (the crime of conviction must also be a crime in the receiving country).
Although the basic requirements are sometimes easy to meet, the fact that several other issues are analyzed in the process of determining a person’s eligibility makes it important to have the most powerful representation working on your behalf.