КОНВЕНЦИЯ СОВЕТА ЕВРОПЫ О ПРЕДУПРЕЖДЕНИИ ТЕРРОРИЗМА. Конвенция. Совет Европы. 16.05.05

Article 20 - Exclusion of the political exception clause

     1. None  of  the offences referred to in Articles 5 to 7 and 9 of
this Convention, shall be regarded, for the purposes of extradition or
mutual legal assistance,  as a political offence, an offence connected
with a political offence,  or as  an  offence  inspired  by  political
motives.  Accordingly,  a  request for extradition or for mutual legal
assistance based on such an offence may not be  refused  on  the  sole
ground  that  it  concerns a political offence or an offence connected
with a political offence or an offence inspired by political motives.
     2. Without  prejudice  to the application of Articles 19 to 23 of
the Vienna Convention on the Law of Treaties of 23  May  1969  to  the
other Articles of this Convention, any State or the European Community
may,  at the time of signature or when depositing  its  instrument  of
ratification,  acceptance,  approval  or  accession of the Convention,
declare that it reserves the right to not apply paragraph  1  of  this
Article  as  far  as extradition in respect of an offence set forth in
this Convention is concerned.  The  Party  undertakes  to  apply  this
reservation on a case-by-case basis, through a duly reasoned decision.
     3. Any Party may wholly or partly withdraw a reservation  it  has
made  in  accordance  with  paragraph  2  by  means  of  a declaration
addressed to the Secretary General of  the  Council  of  Europe  which
shall become effective as from the date of its receipt.
     4. A Party whicn  has  made  a  reservation  in  accordance  with
paragraph 2 of this Article may not claim the application of paragraph
1 of this Article  by  any  other  Party;  it  may,  however,  if  its
reservation  is partial or conditional,  claim the application of this
Article in so far as it has itself accepted it.
     5. The  reservation  shall  be  valid for a period of three years
from the day of the entry into force of this Convention in respect  of
the  Party  concerned.  However,  such  reservation may be renewed for
periods of the same duration.
     6. Twelve  months  before  the date of expiry of the reservation,
the Secretary General of the Council of Europe shall  give  notice  of
that expiry to the Party concerned.  No later than three months before
expiry, the Party shall notify the Secretary General of the Council of
Europe that it is upholding,  amending or withdrawing its reservation.
Where a Party notifies the Secretary General of the Council of  Europe
that it is upholding its reservation,  it shall provide an explanation
of  the  grounds  justifying  its  continuance.  In  the  absence   of
notification  by  the  Party  concerned,  the Secretary General of the
Council of Europe shall inform that  Party  that  its  reservation  is
considered  to  have  been  extended automatically for a period of six
months.  Failure by the Party concerned to  notify  its  intention  to
uphold  or  modify  its  reservation  before the expiry of that period
shall cause the reservation to lapse.
     7. Where  a  Party  does not extradite a person in application of
this reservation,  after receiving an extradition request from another
Party,  it  shall  submit  the case,  without exception whatsoever and
without undue delay,  to its competent authorities for the purpose  of
prosecution, unless the requesting Party and the requested Party agree
otherwise.  The competent authorities,  for the purpose of prosecution
in  the requested Party,  shall take their decision in the same manner
as in the case of any offence of a grave nature under the law of  that
Party. The requested Party shall communicate, without undue delay, the
final outcome of the proceedings to the requesting Party  and  to  the
Secretary  General  of the Council of Europe,  who shall forward it to
the Consultation of the Parties provided for in Article 30.
     8. The decision to refuse the extradition request on the basis of
this reservation shall be forwarded promptly to the requesting  Party.
If  within  a  reasonable  time no judicial decision on the merits has
been taken in the  requested  Party  according  to  paragraph  7,  the
requesting Party may communicate this fact to the Secretary General of
the Council of Europe, who shall submit the matter to the Consultation
of  the  Parties  provided for in Article 30.  This Consultation shall
consider the matter and issue an opinion  on  the  conformity  of  the
refusal  with  the  Convention and shall submit it to the Committee of
Ministers for the purpose  of  issuing  a  declaration  thereon.  When
performing  its  functions  under  this  paragraph,  the  Committee of
Ministers shall meet in  its  composition  restricted  to  the  States
Parties.