Artikel 12

1. When videoconference is not possible or not considered appropriate, a person in custody in the Requested Party may, at the request of the Requesting Party, be temporarily transferred to the territory of that Party to give evidence or to assist in criminal proceedings in that Party.
2. The Requested Party shall transfer a person in custody to the Requesting Party only if:
a) the person freely consents to the transfer;
b) the Requesting Party agrees to comply with any conditions specified by the Requested Party relating to the custody or security of the person to be transferred;
c) it does not interfere with investigations or criminal prosecutions that are being carried out in the Requested Party, in which said person has to take part.
3. Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be released and be treated as a person present in the Requesting Party pursuant to a request seeking that person’s attendance.
4. The Requesting Party shall return the person transferred in custody to the Requested Party within thirty (30) days, from the date of the person’s presence in the Requesting Party, or any other period of time as may be agreed upon by the Parties.
5. A person in custody who is transferred shall receive credit for service of the sentence imposed in the Requested Party for the time spent in custody in the Requesting Party.
6. A person in custody who does not give consent as referred to in Paragraph 2(a) of this Article shall not by reason thereof be liable to any penalty or coercive measure pursuant to the national law of the Requesting Party or the Requested Party.