When it comes to considering the individual situation of the requested person,
circumstances such as health reasons could lead to a postponement of the surrender but
would not affect the decision itself.
2.2. Transfer of Prisoners
CCMMSEUA does not contain any provisions regarding the applicability or the manner of
application of transfer of prisoners to persons with intellectual and/or psychosocial
disabilities or in general persons in a situation of vulnerability.
A national court will recognise and execute a final decision of a court of the issuing State
imposing a custodial sentence, a safety or other measure involving deprivation of liberty,
if the sentenced person is in the territory of the issuing State or the Republic of Slovenia,
and under the following conditions:
•
regardless of the sentenced person’s consent, if they are a national of the
Republic of Slovenia, and
-
the sentenced person is a permanent or temporary resident in the
Republic of Slovenia, including cases where a sentenced person fled, or
arrived in, the Republic of Slovenia in order to avoid criminal proceedings
or the execution of a sentence in the issuing State, or
-
if a person was sentenced to expulsion, forcible removal or other
measure resulting in the fact that such person would no longer be
permitted to remain in the territory of the State which issued a final
decision upon such person’s release from serving the sentence or
measure involving deprivation of liberty;
•
with the consent of the sentenced person, if it is established special
circumstances and ties of the sentenced person to the Republic of Slovenia exist,
on the basis of which a reasonable conclusion may be drawn that the execution
of the sentence in the Republic of Slovenia would facilitate the sentenced
person’s social rehabilitation.
The CCMMSEUA lists among the grounds for non-recognition and non-execution if there
are reasonable grounds to conclude that the judgment was rendered in the course of
proceedings in which fundamental human rights and freedoms were violated, or where
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