7. Transferred persons convicted of a crime shall have the right to their conviction and sentence being reviewed by or appealed to a higher tribunal in accordance with the laws of Tanzania.
8. Tanzania may, after consultation with the EU, transfer such persons convicted and serving their sentences in Tanzania to a third State which complies with human rights standards, with a view to serving their sentences in that third State. In case of serious concerns about the human rights situation in that third Sate, no transfer shall take place before a satisfactory solution is found through consultations between the Parties to address the concerns expressed.
Article 5
Penalty
No transferred person shall be tried for an offence which has a maximum punishment that is more severe than imprisonment for life.
Article 6
Records and notifications
1. Any transfer shall be the subject of an appropriate document signed by a representative of EUNAVFOR and a representative of the competent law enforcement authorities of Tanzania.
2. EUNAVFOR shall provide detention records to Tanzania with regard to transferred persons. These records shall include the physical condition of transferred persons while in detention, the time of transfer to Tanzania, the reason for their detention, the time and place of the commencement of their detention, and any decisions taken with regard to their detention.
3. Tanzania shall be responsible for keeping an accurate account of all transferred persons, including but not limited to keeping records of any seized property, the persons' physical condition, the location of their places of detention, any charges against them and any significant decisions taken in the course of their prosecution and trial.
4. Those records shall be available to representatives of the EU and EUNAVFOR in accordance with Tanzanian laws and regulations upon request in writing to the Ministry of Foreign Affairs of Tanzania.
5. In addition, Tanzania shall notify EUNAVFOR of the place of detention of persons transferred under this Agreement, of any deterioration of their physical condition and of any allegations of improper treatment. Representatives of the EU and EUNAVFOR shall have access to persons transferred under this Agreement as long as such persons are in custody, subject to the applicable laws, and shall be entitled to question them.
6. National and international humanitarian agencies shall, at their request, be allowed to visit persons transferred under this Agreement.
7. For the purposes of ensuring that EUNAVFOR is able to provide timely assistance to Tanzania with attendance of witnesses from EUNAVFOR and the provision of relevant evidence, Tanzania shall notify EUNAVFOR of its intention to initiate criminal trial proceedings against transferred persons and the timetable for provision of evidence, and the hearing of evidence.
Article 7
EU and EUNAVFOR obligation to facilitate investigation and prosecution
1. EU and EUNAVFOR, within their means and capabilities, shall provide all assistance to Tanzania with a view to investigating and prosecuting of transferred persons.
2. In particular, EU and EUNAVFOR shall: