That China and Nepal signed a treaty for transfer of persons in custody for investigation of criminal offense has been revealed now.
The agreement has become public now when the government registered the treaty on mutual legal assistance in criminal matters in the parliament. "The person in custody in one's land can be temporarily transferred on request for providing evidence or help in investigation," the agreement states.
It adds that there should be written agreement about conditions, and consent of the person in custody before such transfer. But the transferred person should immediately be returned to the previous party after completion of providing evidence or helping investigation.
The treaty presented to the House, however, mentions that persons in custody for offense which carries sentence of less than one year will not be transferred in such manner. It also prohibits transfer for political offense, and offense punishable by military laws.
Correspondence for such transfer should be done 60 days before the transfer but such transfer can be done even in fewer days in case of emergency request. The agreement also has provision of sending witnesses or experts to other countries.
The agreement was signed on October 13, 2019 during the Nepal visit of Chinese President Xi Jinping. There were reports about the two countries signing extradition treaty during Xi's visit but Nepal had refused to sign it.
This provision may have been kept to allow return of citizens in absence of the extradition treaty.
That China and Nepal signed an agreement for return of one's citizens crossing the border with the other country illegally within seven days was also recently revealed.
The agreement became public when the government registered the agreement about border management system signed during the Nepal visit of Chinese President Xi Jinping at the House of Representatives (HoR).
"The boundary representatives or competent authorities of both sides shall investigate the cases of persons found while crossing border illegally, ascertain their identities, cross border facts and reasons as soon as possible and hand them over to the side where they stayed before crossing the border within seven days from the day when they were detained," clause 26(2) of the agreement read. "If such persons cannot be handed over or received within the set time, the boundary representatives or competent authorities of the other side shall be informed about them and the reason."
