What is the ITPT?
The International Prison Transfer Program (ITPT) began in 1977 in the United States, who first initiated treaties with other countries to transfer home American citizens who had been arrested and convicted in other countries.
In particular, the government was spurred to act following the publication of reports of Americans being detained and experiencing inhumane and abusive conditions – particularly in Mexico, which was the first country with which the US signed a prisoner transfer treaty.
How Does It Work?
The ITPT allows a country to seek the return of a foreign national currently service a prison sentence overseas, so that the prisoner might serve out the remainder of their prison sentence in their home country.
Requirements
For a foreign national to be returned to their native country to finish serving their prison sentence, the place of incarceration and home country must have a bilaterial treaty in place. Furthermore:
- The crime that was committed must be a crime in both countries (what is known as ‘dual criminality’)
- There must be consent among both countries and the prisoner
- At least 6 months must remain on the sentence (though some countries do require 12 months to be outstanding – including China, Vietnam, Cambodia, Thailand, and the Hong Kong Special Administrative Region of China)
- The prisoner must have been charged, sentenced, and have a conviction and sentence that are agreed to be final and not under any sort of review.
- Typically, a prisoner must be a national citizen of their home country, though some countries do allow the transfer of permanent residents.
How Many Countries Are Involved?
At present, between 72-80 countries across the world are party to either the Convention on the Transfer of Sentenced Persons, participants in the International Transfer of Prisoners Scheme, or have existing bilateral transfer agreements in place.
Why Transfer Prisoners?
Over the years, many different benefits have been identified by scholars and lawyers on the benefits of transferring prisoners back to their home countries:
- Reintegration / Rehabilitation: the chances of avoiding recidivistic behaviour and obtaining proper rehabilitation and eventual reintegration into civil society is much more likely to occur if a prisoner services a sentence in their own country.
- Economics: Housing and feeding a prisoner costs money – it’s a simple and unavoidable reality. By transferring a prisoner back to their home country, the host country is spared the financial cost of housing a prisoner – and also reduces overcrowding, which is a very real problem in many prisons.
- Cultural: Issues such as language barriers, religious/dietary/cultural requirements, travel and visa costs (for visiting relatives), and numerous administrative challenges are reduced if a prisoner is transferred back to their home soil.
- Politics: This is particularly relevant for nations with strained political relationships. Returning a foreign national to their home soil can reduce diplomatic tensions between nation states and potentially even improve relations.
Conclusion
The ITPT can be a useful way to ease the financial or physical burdens off a prison system, increase or improve the changes of a successful rehabilitation, reduce diplomatic tensions, and reduce the administrative workload of law enforcement, among many other benefits.
