Страницы: 1 2
ратификационной грамоты или документа о принятии, одобрении или
присоединении или в любой последующий момент путем заявления на имя
Генерального секретаря Совета Европы распространить действие
настоящего Протокола на любую другую территорию или территории,
указанные в заявлении, за международные отношения которых оно несет
ответственность или от имени которых оно уполномочено выступать.
3. Любое заявление, сделанное в соответствии с предыдущим
пунктом, может быть отозвано в отношении любой территории, упомянутой
в таком заявлении, путем уведомления на имя Генерального секретаря
Совета Европы. Такой отзыв вступает в силу через шесть месяцев со дня
получения такого уведомления Генеральным секретарем Совета Европы.
Статья 9
1. Оговорки, сделанные государством в отношении какого-либо
положения Конвенции, распространяются также на настоящий Протокол,
если только это государство не заявит об ином при подписании или сдаче
на хранение своей ратификационной грамоты или документа о принятии,
одобрении или присоединении.
2. Любое государство может при подписании или при сдаче на
хранение своей ратификационной грамоты или документа о принятии,
одобрении или присоединении заявить о том, что оно оставляет за собой
право:
a) не принимать Главу I;
b) не принимать Главу II или принимать ее лишь в отношении
определенных преступлений или определенных категорий преступлений,
упомянутых в Статье 2;
c) не принимать Главу III или принимать лишь пункт 1 Статьи 3;
d) не принимать Главу IV;
e) не принимать Главу V.
3. Любая Договаривающаяся Сторона может снять оговорку, сделанную
ею в соответствии с предыдущим пунктом, путем заявления на имя
Генерального секретаря Совета Европы, которое вступает в силу со дня
его получения.
4. Договаривающаяся Сторона, применившая к настоящему Протоколу
оговорку, сделанную в отношении какого-либо положения Конвенции, или
сделавшая оговорку в отношении какого-либо положения настоящего
Протокола, не может требовать применения этого положения другой
Договаривающейся Стороной; однако она может, если ее оговорка является
частичной или условной, требовать применения этого положения в той
мере, в какой оно принято ею самой.
5. Никакие другие оговорки в отношении положений настоящего
Протокола не допускаются.
Статья 10
Европейский комитет по проблемам преступности Совета Европы
информируется о выполнении настоящего Протокола и делает все
необходимое с целью содействовать дружественному урегулированию любой
проблемы, которая может возникнуть в ходе его осуществления.
Статья 11
1. Любая Договаривающаяся Сторона может в той мере, в какой это
ее касается, денонсировать настоящий Протокол путем уведомления на имя
Генерального секретаря Совета Европы.
2. Такая денонсация вступает в силу через шесть месяцев после
получения такого уведомления Генеральным секретарем.
3. Денонсация Конвенции автоматически влечет за собой денонсацию
настоящего Протокола.
Статья 12
Генеральный секретарь Совета Европы уведомляет государства -
члены Совета и любое государство, присоединившееся к Конвенции, о:
a) любом подписании настоящего Протокола;
b) любой сдаче на хранение ратификационной грамоты или документа
о принятии, одобрении или присоединении;
c) любой дате вступления настоящего Протокола в силу в
соответствии со Статьями 6 и 7;
d) любом заявлении, полученном в соответствии с положениями
пунктов 2 и 3 Статьи 8;
e) любом заявлении, полученном в соответствии с положениями
пункта 1 Статьи 9;
f) любой оговорке, сделанной в соответствии с положениями
пункта 2 Статьи 9;
g) снятии любой оговорки, осуществленном в соответствии с
положениями пункта 3 Статьи 9;
h) любом уведомлении, полученном в соответствии с положениями
Статьи 11, и дате вступления денонсации в силу.
В удостоверение чего нижеподписавшиеся, должным образом на то
уполномоченные, подписали настоящий Протокол.
Совершено в Страсбурге 17 марта 1978 года на английском и
французском языках, причем оба текста имеют одинаковую силу, в одном
экземпляре, который будет храниться в архивах Совета Европы.
Генеральный секретарь Совета Европы направляет заверенные экземпляры
каждому из подписавших и присоединившихся государств.
Ратифицирован Федеральным Собранием (Федеральный закон от 25
октября 1999 года N 190-ФЗ - Собрание законодательства Российской
Федерации, 1999, N 43, ст. 5129) со следующей оговоркой:
"Российской Федерации оставляет за собой право не применять главу
V Второго дополнительного протокола от 17 марта 1978 года к
Европейской конвенции о выдаче от 13 декабря 1957 года.".
Второй дополнительный протокол вступил в силу для Российской
Федерации 9 марта 2000 года.
----------------------------------------------------------------------
Английский текст
EUROPEAN CONVENTION ON EXTRADITION
The Governments signatory hereto, being Members of the Council of
Europe,
Considering that the aim of the Council of Europe is to achieve a
greater unity between its Members;
Considering that this purpose can be attained by the conclusion
of agreements and by common action in legal matters;
Considering that the acceptance of uniform rules with regard to
extradition is likely to assist this work of unification,
Have agreed as follows:
Article 1
Obligation to extradite
The Contracting Parties undertake to surrender to each other,
subject to the provisions and conditions laid down in this Convention,
all persons against whom the competent authorities of the requesting
Party are proceeding for an offence or who are wanted by the said
authorities for the carrying out of a sentence or detention order.
Article 2
Extraditable offences
1. Extradition shall be granted in respect of offences punishable
under the laws of the requesting Party and of the requested Party by
deprivation of liberty or under a detention order for a maximum period
of at least one year or by a more severe penalty. Where a conviction
and prison sentence have occurred or a detention order has been made
in the territory of the requesting Party, the punishment awarded must
have been for a period of at least four months.
2. If the request for extradition includes several separate
offences each of which is punishable under the laws of the requesting
Party and the requested Party by deprivation of liberty or under a
detention order, but of which some do not fulfil the condition with
regard to the amount of punishment which may be awarded, the requested
Party shall also have the right to grant extradition for the latter
offences.
3. Any Contracting Party whose law does not allow extradition for
certain of the offences referred to in paragraph 1 of this Article
may, in so far as it is concerned, exclude such offences from the
application of this Convention.
4. Any Contracting Party which wishes to avail itself of the
right provided for in paragraph 3 of this Article shall, at the time
of deposit of its instrument of ratification or accession, transmit to
the Secretary General of the Council of Europe either a list of the
offences for which extradition is allowed or a list of those for which
it is excluded and shall at the same time indicate the legal
provisions which allow or exclude extradition. The Secretary General
of the Council shall forward these lists to the other signatories.
5. If extradition is subsequently excluded in respect of other
offences by the law of a Contracting Party, that Party shall notify
the Secretary General. The Secretary General shall inform the other
signatories. Such notification shall not take effect until three
months from the date of its receipt by the Secretary General.
6. Any Party which avails itself of the right provided for in
paragraphs 4 or 5 of this Article may at any time apply this
Convention to offences which have been excluded from it. It shall
inform the Secretary General of the Council of such changes, and the
Secretary General shall inform the other signatories.
7. Any Party may apply reciprocity in respect of any offences
excluded from the application of the Convention under this Article.
Article 3
Political offences
1. Extradition shall not be granted if the offence in respect of
which it is requested is regarded by the requested Party as a
political offence or as an offence connected with a political offence.
2. The same rule shall apply if the requested Party has
substantial grounds for believing that a request for extradition for
an ordinary criminal offence has been made for the purpose of
prosecuting or punishing a person on account of his race, religion,
nationality or political opinion, or that that person`s position may
be prejudiced for any of these reasons.
3. The taking or attempted taking of the life of a Head of State
or a member of his family shall not be deemed to be a political
offence for the purposes of this Convention.
4. This Article shall not affect any obligations which the
Contracting Parties may have undertaken or may undertake under any
other international convention of a multilateral character.
Article 4
Military offences
Extradition for offences under military law which are not
offences under ordinary criminal law is excluded from the application
of this Convention.
Article 5
Fiscal offences
Extradition shall be granted, in accordance with the provisions
of this Convention, for offences in connection with taxes, duties,
customs and exchange only if the Contracting Parties have so decided
in respect of any such offence or category of offences.
Article 6
Extradition of nationals
1. (a) A Contracting Party shall have the right to refuse
extradition of its nationals.
(b) Each Contracting Party may, by a declaration made at the time
of signature or of deposit of its instrument of ratification or
accession, define as far as it is concerned the term "nationals"
within the meaning of this Convention.
(c) Nationality shall be determined as at the time of the
decision concerning extradition. If, however, the person claimed is
first recognised as a national of the requested Party during the
period between the time of the decision and the time contemplated for
the surrender, the requested Party may avail itself of the provision
contained in sub-paragraph (a) of this Article.
2. If the requested Party does not extradite its national, it
shall at the request of the requesting Party submit the case to its
competent authorities in order that proceedings may be taken if they
are considered appropriate. For this purpose, the files, information
and exhibits relating to the offence shall be transmitted without
charge by the means provided for in Article 12, paragraph 1. The
requesting Party shall be informed of the result of its request.
Article 7
Place of commission
1. The requested Party may refuse to extradite a person claimed
for an offence which is regarded by its law as having been committed
in whole or in part in its territory or in a place treated as its
territory.
2. When the offence for which extradition is requested has been
committed outside the territory of the requesting Party, extradition
may only be refused if the law of the requested Party does not allow
prosecution for the same category of offence when committed outside
the latter Party`s territory or does not allow extradition for the
offence concerned.
Article 8
Pending proceedings for the same offences
The requested Party may refuse to extradite the person claimed if
the competent authorities of such Party are proceeding against him in
respect of the offence or offences for which extradition is requested.
Article 9
Non bis in idem
Extradition shall not be granted if final judgment has been
passed by the competent authorities of the requested Party upon the
person claimed in respect of the offence or offences for which
extradition is requested. Extradition may be refused if the competent
authorities of the requested Party have decided either not to
institute or to terminate proceedings in respect of the same offence
or offences.
Article 10
Lapse of time
Extradition shall not be granted when the person claimed has,
according to the law of either the requesting or the requested Party,
become immune by reason of lapse of time from prosecution or
punishment.
Article 11
Capital punishment
If the offence for which extradition is requested is punishable
by death under the law of the requesting Party, and if in respect of
such offence the death-penalty is not provided for by the law of the
requested Party or is not normally carried out, extradition may be
refused unless the requesting Party gives such assurance as the
requested Party considers sufficient that the death-penalty will not
be carried out.
Article 12
The request and supporting documents
1. The request shall be in writing and shall be communicated
through the diplomatic channel. Other means of communication may be
arranged by direct agreement between two or more Parties.
2. The request shall be supported by:
(a) the original or an authenticated copy of the conviction and
sentence or detention order immediately enforceable or of the warrant
of arrest or other order having the same effect and issued in
accordance with the procedure laid down in the law of the requesting
Party;
(b) a statement of the offences for which extradition is
requested. The time and place of their commission, their legal
descriptions and a reference to the relevant legal provisions shall be
set out as accurately as possible; and
(c) a copy of the relevant enactments or, where this is not
possible, a statement of the relevant law and as accurate a
description as possible of the person claimed, together with any other
information which will help to establish his identity and nationality.
Article 13
Supplementary information
If the information communicated by the requesting Party is found
to be insufficient to allow the requested Party to make a decision in
pursuance of this Convention, the latter Party shall request the
necessary supplementary information and may fix a time-limit for the
receipt thereof.
Article 14
Rule of speciality
1. A person who has been extradited shall not be proceeded
against, sentenced or detained with a view to the carrying out of a
sentence or detention order for any offence committed prior to his
surrender other than that for which he was extradited, nor shall he be
for any other reason restricted in his personal freedom, except in the
following cases:
(a) When the Party which surrendered him consents. A request for
consent shall be submitted, accompanied by the documents mentioned in
Article 12 and a legal record of any statement made by the extradited
person in respect of the offence concerned. Consent shall be given
when the offence for which it is requested is itself subject to
extradition in accordance with the provisions of this Convention;
(b) when that person, having had an opportunity to leave the
territory of the Party to which he has been surrendered, has not done
so within 45 days of his final discharge, or has returned to that
territory after leaving it.
2. The requesting Party may, however, take any measures necessary
to remove the person from its territory, or any measures necessary
under its law, including proceedings by default, to prevent any legal
effects of lapse of time.
3. When the description of the offence charged is altered in the
course of proceedings, the extradited person shall only be proceeded
against or sentenced in so far as the offence under its new
description is shown by its constituent elements to be an offence
which would allow extradition.
Article 15
Re-extradition to a third state
Except as provided for in Article 14, paragraph 1(b), the
requesting Party shall not, without the consent of the requested
Party, surrender to another Party or to a third State a person
surrendered to the requesting Party and sought by the said other Party
or third State in respect of offences committed before his surrender.
The requested Party may request the production of the documents
mentioned in Article 12, paragraph 2.
Article 16
Provisional arrest
1. In case of urgency the competent authorities of the requesting
Party may request the provisional arrest of the person sought. The
competent authorities of the requested Party shall decide the matter
in accordance with its law.
2. The request for provisional arrest shall state that one of the
documents mentioned in Article 12, paragraph 2(a), exists and that it
is intended to send a request for extradition. It shall also state for
what offence extradition will be requested and when and where such
offence was committed and shall so far as possible give a description
of the person sought.
3. A request for provisional arrest shall be sent to the
competent authorities of the requested Party either through the
diplomatic channel or direct by post or telegraph or through the
International Criminal Police Organisation (Interpol) or by any other
means affording evidence in writing or accepted by the requested
Party. The requesting authority shall be informed without delay of the
result of its request.
4. Provisional arrest may be terminated if, within a period of 18
days after arrest, the requested Party has not received the request
for extradition and the documents mentioned in Article 12. It shall
not, in any event, exceed 40 days from the date of such arrest. The
possibility of provisional release at any time is not excluded, but
the requested Party shall take any measures which it considers
necessary to prevent the escape of the person sought.
5. Release shall not prejudice re-arrest and extradition if a
request for extradition is received subsequently.
Article 17
Conflicting requests
If extradition is requested concurrently by more than one State,
either for the same offence or for different offences, the requested
Party shall make its decision having regard to all the circumstances
and especially the relative seriousness and place of commission of the
offences, the respective dates of the requests, the nationality of the
person claimed and the possibility of subsequent extradition to
another State.
Article 18
Surrender of the person to be extradited
1. The requested Party shall inform the requesting Party by the
means mentioned in Article 12, paragraph 1 of its decision with regard
to the extradition.
2. Reasons shall be given for any complete or partial rejection.
3. If the request is agreed to, the requesting Party shall be
informed of the place and date of surrender and of the length of time
for which the person claimed was detained with a view to surrender.
4. Subject to the provisions of paragraph 5 of this Article, if
the person claimed has not been taken over on the appointed date, he
may be released after the expiry of 15 days and shall in any case be
released after the expiry of 30 days. The requested Party may refuse
to extradite him for the same offence.
5. If circumstances beyond its control prevent a Party from
surrendering or taking over the person to be extradited, it shall
notify the other Party. The two Parties shall agree a new date for
surrender and the provisions of paragraph 4 of this Article shall
apply.
Article 19
Postponed or conditional surrender
1. The requested Party may, after making its decision on the
request for extradition, postpone the surrender of the person claimed
in order that he may be proceeded against by that Party or, if he has
already been convicted, in order that he may serve his sentence in the
territory of that Party for an offence other than that for which
extradition is requested.
2. The requested Party may, instead of postponing surrender,
temporarily surrender the person claimed to the requesting Party in
accordance with conditions to be determined by mutual agreement
between the Parties.
Article 20
Handing over of property
1. The requested Party shall, in so far as its law permits and at
the request of the requesting Party, seize and hand over property:
(a) which may be required as evidence, or
(b) which has been acquired as a result of the offence and which,
at the time of the arrest, is found in the possession of the person
claimed or is discovered subsequently.
2. The property mentioned in paragraph 1 of this Article shall be
handed over even if extradition, having been agreed to, cannot be
carried out owing to the death or escape of the person claimed.
3. When the said property is liable to seizure or confiscation in
the territory of the requested Party, the latter may, in connection
with pending criminal proceedings, temporarily retain it or hand it
over on condition that it is returned.
4. Any rights which the requested Party or third parties may have
acquired in the said property shall be preserved. Where these rights
exist, the property shall be returned without charge to the requested
Party as soon as possible after the trial.
Article 21
Transit
1. Transit through the territory of one of the Contracting
Parties shall be granted on submission of a request by the means
mentioned in Article 12, paragraph 1, provided that the offence
concerned is not considered by the Party requested to grant transit as
an offence of a political or purely military character having regard
to Articles 3 and 4 of this Convention.
2. Transit of a national, within the meaning of Article 6, of a
country requested to grant transit may be refused.
3. Subject to the provisions of paragraph 4 of this Article, it
shall be necessary to produce the documents mentioned in Article 12,
paragraph 2.
4. If air transport is used, the following provisions shall
apply:
(a) when it is not intended to land, the requesting Party shall
notify the Party over whose territory the flight is to be made and
shall certify that one of the documents mentioned in Article 12,
paragraph 2(a) exists. In the case of an unscheduled landing, such
notification shall have the effect of a request for provisional arrest
as provided for in Article 16, and the requesting Party shall submit a
formal request for transit;
(b) when it is intended to land, the requesting Party shall
submit a formal request for transit.
5. A Party may, however, at the time of signature or of the
deposit of its instrument of ratification of, or accession to, this
Convention, declare that it will only grant transit of a person on
some or all of the conditions on which it grants extradition. In that
event, reciprocity may be applied.
6. The transit of the extradited person shall not be carried out
through any territory where there is reason to believe that his life
or his freedom may be threatened by reason of his race, religion,
nationality or political opinion.
Article 22
Procedure
Except where this Convention otherwise provides, the procedure
with regard to extradition and provisional arrest shall be governed
solely by the law of the requested Party.
Article 23
Language to be used
The documents to be produced shall be in the language of the
requesting or requested Party. The requested Party may require a
translation into one of the official languages of the Council of
Europe to be chosen by it.
Article 24
Expenses
1. Expenses incurred in the territory of the requested Party by
reason of extradition shall be borne by that Party.
2. Expenses incurred by reason of transit through the territory
of a Party requested to grant transit shall be borne by the requesting
Party.
3. In the event of extradition from a non-metropolitan territory
of the requested Party, the expenses occasioned by travel between that
territory and the metropolitan territory of the requesting Party shall
be borne by the latter. The same rule shall apply to expenses
occasioned by travel between the non-metropolitan territory of the
requested Party and its metropolitan territory.
Article 25
Definition of "detention order"
For the purposes of this Convention, the expression "detention
order" means any order involving deprivation of liberty which has been
made by a criminal court in addition to or instead of a prison
sentence.
Article 26
Reservations
1. Any Contracting Party may, when signing this Convention or
when depositing its instrument of ratification or accession, make a
reservation in respect of any provision or provisions of the
Convention.
2. Any Contracting Party which has made a reservation shall
withdraw it as soon as circumstances permit. Such withdrawal shall be
made by notification to the Secretary General of the Council of
Europe.
3. A Contracting Party which has made a reservation in respect of
a provision of the Convention may not claim application of the said
provision by another Party save in so far as it has itself accepted
the provision.
Article 27
Territorial application
1. This Convention shall apply to the metropolitan territories of
the Contracting Parties.
2. In respect of France, it shall also apply to Algeria and to
the overseas Departments and, in respect of the United Kingdom of
Great Britain and Northern Ireland, to the Channel Islands and to the
Isle of Man.
3. The Federal Republic of Germany may extend the application of
this Convention to the Land of Berlin by notice addressed to the
Secretary General of the Council of Europe, who shall notify the other
Parties of such declaration.
4. By direct arrangement between two or more Contracting Parties,
the application of this Convention may be extended, subject to the
conditions laid down in the arrangement, to any territory of such
Parties, other than the territories mentioned in paragraphs 1, 2 and 3
of this Article, for whose international relations any such Party is
responsible.
Article 28
Relations between this Convention and bilateral Agreements
1. This Convention shall, in respect of those countries to which
it applies, supersede the provisions of any bilateral treaties,
conventions or agreements governing extradition between any two
Contracting Parties.
2. The Contracting Parties may conclude between themselves
bilateral or multilateral agreements only in order to supplement the
provisions of this Convention or to facilitate the application of the
principles contained therein.
3. Where, as between two or more Contracting Parties, extradition
takes place on the basis of a uniform law, the Parties shall be free
to regulate their mutual relations in respect of extradition
exclusively in accordance with such a system notwithstanding the
provisions of this Convention. The same principle shall apply as
between two or more Contracting Parties each of which has in force a
law providing for the execution in its territory of warrants of arrest
issued in the territory of the other Party or Parties. Contracting
Parties which exclude or may in the future exclude the application of
this Convention as between themselves in accordance with this
paragraph shall notify the Secretary General of the Council of Europe
accordingly. The Secretary General shall inform the other Contracting
Parties of any notification received in accordance with this
paragraph.
Article 29
Signature, ratification and entry into force
1. This Convention shall be open to signature by the Members of
the Council of Europe. It shall be ratified. The instruments of
ratification shall be deposited with the Secretary General of the
Council.
2. The Convention shall come into force 90 days after the date of
deposit of the third instrument of ratification.
3. As regards any signatory ratifying subsequently the Convention
shall come into force 90 days after the date of the deposit of its
instrument of ratification.
Article 30
Accession
1. The Committee of Ministers of the Council of Europe may invite
any State not a member of the Council to accede to this Convention,
provided that the resolution containing such invitation receives the
unanimous agreement of the Members of the Council who have ratified
the Convention.
2. Accession shall be by deposit with the Secretary General of
the Council of an instrument of accession, which shall take effect 90
days after the date of its deposit.
Article 31
Denunciation
Any Contracting Party may denounce this Convention in so far as
it is concerned by giving notice to the Secretary General of the
Council of Europe. Denunciation shall take effect six months after the
date when the Secretary General of the Council received such
notification.
Article 32
Notifications
The Secretary General of the Council of Europe shall notify the
Members of the Council and the Government of any State which has
acceded to this Convention of:
(a) the deposit of any instrument of ratification or accession;
(b) the date of entry into force of this Convention;
(c) any declaration made in accordance with the provisions of
Article 6, paragraph 1, and of Article 21, paragraph 5;
(d) any reservation made in accordance with Article 26, paragraph
1;
(e) the withdrawal of any reservation in accordance with Article
26, paragraph 2;
(f) any notification of denunciation received in accordance with
the provisions of Article 31 and by the date on which such
denunciation will take effect.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at Paris, this 13th day of December 1957, in English and
French, both texts being equally authentic, in a single copy which
shall remain deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit certified
copies to the signatory Governments.
ADDITIONAL PROTOCOL
TO THE EUROPEAN CONVENTION ON EXTRADITION
The member States of the Council of Europe, signatory to this
Protocol,
Having regard to the provisions of the European Convention on
Extradition opened for signature in Paris on 13 December 1957
(hereinafter referred to as "the Convention") and in particular
Articles 3 and 9 thereof;
Considering that it is desirable to supplement these Articles
with a view to strengthening the protection of humanity and of
individuals,
Have agreed as follows:
CHAPTER I
Article 1
For the application of Article 3 of the Convention, political
offences shall not be considered to include the following:
a. the crimes against humanity specified in the Convention on the
Prevention and Punishment of the Crime of Genocide adopted on 9
December 1948 by the General Assembly of the United Nations;
b. the violations specified in Article 50 of the 1949 Geneva
Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field, Article 51 of the 1949 Geneva
Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea, Article 130 of the 1949
Geneva Convention relative to the Treatment of Prisoners of War and
Article 147 of the 1949 Geneva Convention relative to the Protection
of Civilian Persons in Time of War;
c. any comparable violations of the laws of war having effect at
the time when this Protocol enters into force and of customs of war
existing at that time, which are not already provided for in the
above-mentioned provisions of the Geneva Conventions.
CHAPTER II
Article 2
Article 9 of the Convention shall be supplemented by the
following text, the original Article 9 of the Convention becoming
paragraph 1 and the under-mentioned provisions becoming paragraphs 2,
3 and 4:
"2. The extradition of a person against whom a final judgment has
been rendered in a third State, Contracting Party to the Convention,
for the offence or offences in respect of which the claim was made,
shall not be granted:
a. if the afore-mentioned judgment resulted in his acquittal;
b. if the term of imprisonment or other measure to which he was
sentenced:
i. has been completely enforced;
ii. has been wholly, or with respect to the part not enforced,
the subject of a pardon or an amnesty;
c. if the court convicted the offender without imposing a
sanction.
3. However, in the cases referred to in paragraph 2, extradition
may be granted:
a. if the offence in respect of which judgment has been rendered
was committed against a person, an institution or any thing having
public status in the requesting State;
b. if the person on whom judgment was passed had himself a public
status in the requesting State;
c. if the offence in respect of which judgment was passed was
committed completely or partly in the territory of the requesting
State or in a place treated as its territory.
4. The provisions of paragraphs 2 and 3 shall not prevent the
application of wider domestic provisions relating to the effect of ne
bis in idem attached to foreign criminal judgments."
CHAPTER III
Article 3
1. This Protocol shall be open to signature by the member States
of the Council of Europe which have signed the Convention. It shall be
subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the
Secretary General of the Council of Europe.
2. The Protocol shall enter into force 90 days after the date of
the deposit of the third instrument of ratification, acceptance or
approval.
3. In respect of a signatory State ratifying, accepting or
approving subsequently, the Protocol shall enter into force 90 days
after the date of the deposit of its instrument of ratification,
acceptance or approval.
4. A member State of the Council of Europe may not ratify, accept
or approve this Protocol without having, simultaneously or previously,
ratified the Convention.
Article 4
1. Any State which has acceded to the Convention may accede to
this Protocol after the Protocol has entered into force.
2. Such accession shall be effected by depositing with the
Secretary General of the Council of Europe an instrument of accession
which shall take effect 90 days after the date of its deposit.
Article 5
1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify
the territory or territories to which this Protocol shall apply.
2. Any State may, when depositing its instrument of ratification,
acceptance, approval or accession or at any later date, by declaration
addressed to the Secretary General of the Council of Europe, extend
this Protocol to any other territory or territories specified in the
declaration and for whose international relations it is responsible or
on whose behalf it is authorised to give undertakings.
3. Any declaration made in pursuance of the preceding paragraph
may, in respect of any territory mentioned in such declaration, be
withdrawn according to the procedure laid down in Article 8 of this
Protocol.
Article 6
1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, declare
that it does not accept one or the other of Chapters I or II.
2. Any Contracting Party may withdraw a declaration it has made
in accordance with the foregoing paragraph 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.
3. No reservation may be made to the provisions of this Protocol.
Article 7
The European Committee on Crime Problems of the Council of Europe
shall be kept informed regarding the application of this Protocol and
shall do whatever is needful to facilitate a friendly settlement of
any difficulty which may arise out of its execution.
Article 8
1. Any Contracting Party may, in so far as it is concerned,
denounce this Protocol by means of a notification addressed to the
Secretary General of the Council of Europe.
2. Such denunciation shall take effect six months after the date
of receipt by the Secretary General of such notification.
3. Denunciation of the Convention entails automatically
denunciation of this Protocol.
Article 9
The Secretary General of the Council of Europe shall notify the
member States of the Council and any State which has acceded to the
Convention of:
a. any signature;
b. any deposit of an instrument of ratification, acceptance,
approval or accession;
c. any date of entry into force of this Protocol in accordance
with Article 3 thereof;
d. any declaration received in pursuance of the provisions of
Article 5 and any withdrawal of such a declaration;
e. any declaration made in pursuance of the provisions of Article
6, paragraph 1;
f. the withdrawal of any declaration carried out in pursuance of
the provisions of Article 6, paragraph 2;
g. any notification received in pursuance of the provisions of
Article 8 and the date on which denunciation takes effect.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Protocol.
Done at Strasbourg, this 15th day of October 1975, in English and
French, both texts being equally authoritative, in a single copy which
shall remain deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit certified
copies to each of the signatory and acceding States.
SECOND ADDITIONAL PROTOCOL TO THE EUROPEAN
CONVENTION ON EXTRADITION
The member States of the Council of Europe, signatory to this
Protocol,
Desirous of facilitating the application of the European
Convention on Extradition opened for signature in Paris on 13 December
1977 (hereinafter referred to as "the Convention") in the field of
fiscal offences;
Considering it also desirable to supplement the Convention in
certain other respects,
Have agreed as follows:
CHAPTER I
Article 1
Paragraph 2 of Article 2 of the Convention shall be supplemented
by the following provision:
"This right shall also apply to offences which are subject only
to pecuniary sanctions."
CHAPTER II
Article 2
Article 5 of the Convention shall be replaced by the following
provisions:
"Fiscal offences
1. For offences in connection with taxes, duties, customs and
exchange extradition shall take place between the Contracting Parties
in accordance with the provisions of the Convention if the offence,
under the law of the requested Party, corresponds to an offence of the
same nature.
2. Extradition may not be refused on the ground that the law of
the requested Party does not impose the same kind of tax or duty or
does not contain a tax, duty, custom or exchange regulation of the
same kind as the law of the requesting Party."
CHAPTER III
Article 3
The Convention shall be supplemented by the following provisions:
"Judgments in absentia
1. When a Contracting Party requests from another Contracting
Party the extradition of a person for the purpose of carrying out a
sentence or detention order imposed by a decision rendered against him
in absentia, the requested Party may refuse to extradite for this
purpose if, in its opinion, the proceedings leading to the judgment
did not satisfy the minimum rights of defence recognised as due to
everyone charged with criminal offence. However, extradition shall be
granted if the requesting Party gives an assurance considered
sufficient to guarantee to the person claimed the right to a retrial
which safeguards the rights of defence. This decision will authorise
the requesting Party either to enforce the judgment in question if the
convicted person does not make an opposition or, if he does, to take
proceedings against the person extradited.
2. When the requested Party informs the person whose extradition
has been requested of the judgment rendered against him in absentia,
the requesting Party shall not regard this communication as a formal
notification for the purposes of the criminal procedure in that
State".
CHAPTER IV
Article 4
The Convention shall be supplemented by the following provisions:
"Amnesty
Extradition shall not be granted for an offence in respect of
which an amnesty has been declared in the requested State and which
that State had competence to prosecute under its own criminal law."
CHAPTER V
Article 5
Paragraph 1 of Article 12 of the Convention shall be replaced by
the following provisions:
"The request shall be in writing and shall be addressed by the
Ministry of Justice of the requesting Party to the Ministry of Justice
of the requested Party; however, use of the diplomatic channel is not
excluded. Other means of communication may be arranged by direct
agreement between two or more Parties."
CHAPTER VI
Article 6
1. This Protocol shall be open to signature by the member States
of the Council of Europe which have signed the Convention. It shall be
subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the
Secretary General of the Council of Europe.
2. The Protocol shall enter into force 90 days after the date of
the deposit of the third instrument of ratification, acceptance or
approval.
3. In respect of a signatory State ratifying, accepting or
approving subsequently, the Protocol shall enter into force 90 days
after the date of the deposit of its instrument of ratification,
acceptance or approval.
4. A member State of the Council of Europe may not ratify, accept
or approve this Protocol without having, simultaneously or previously,
ratified the Convention.
Article 7
1. Any State which has acceded to the Convention may accede to
this Protocol after the Protocol has entered into force.
2. Such accession shall be effected by depositing with the
Secretary General of the Council of Europe an instrument of accession
which shall take effect 90 days after the date of its deposit.
Article 8
1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify
the territory or territories to which this Protocol shall apply.
2. Any State may, when depositing its instrument of ratification,
acceptance, approval or accession or at any later date, by declaration
addressed to the Secretary General of the Council of Europe, extend
this Protocol to any other territory or territories specified in the
declaration and for whose international relations it is responsible or
on whose behalf it is authorised to give undertakings.
3. Any declaration made in pursuance of the preceding paragraph
may, in respect of any territory mentioned in such declaration, be
withdrawn by means of a notification addressed to the Secretary
General of the Council of Europe. Such withdrawal shall take effect
six months after the date of receipt by the Secretary General of the
Council of Europe of the notification.
Article 9
1. Reservations made by a State to a provision of the Convention
shall be applicable also to this Protocol, unless that State otherwise
declares at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession.
2. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, declare
that it reserves the right:
a. not to accept Chapter I; b. not to accept Chapter II, or to
accept it only in respect
of certain offences or certain categories of the offences referred to
in Article 2;
c. not to accept Chapter III, or to accept only paragraph 1 of
Article 3;
d. not to accept Chapter IV;
e. not to accept Chapter V.
3. Any Contracting Party may withdraw a reservation it has made
in accordance with the foregoing paragraph by means of declaration
addressed to the Secretary General of the Council of Europe which
shall become effective as from the date of its receipt.
4. A Contracting Party which has applied to this Protocol a
reservation made in respect of a provision of the Convention or which
has made a reservation in respect of a provision of this Protocol may
not claim the application of that provision by another Contracting
Party; it may, however, if its reservation is partial or conditional
claim, the application of that provision in so far as it has itself
accepted it.
5. No other reservation may be made to the provisions of this
Protocol.
Article 10
The European Committee on Crime Problems of the Council of Europe
shall be kept informed regarding the application of this Protocol and
shall do whatever is needful to facilitate a friendly settlement of
any difficulty which may arise out of its execution.
Article 11
1. Any Contracting Party may, in so far as it is concerned,
denounce this Protocol by means of a notification addressed to the
Secretary General of the Council of Europe.
2. Such denunciation shall take effect six months after the date
of receipt by the Secretary General of such notification.
3. Denunciation of the Convention entails automatically
denunciation of this Protocol.
Article 12
The Secretary General of the Council of Europe shall notify the
member States of the Council and any State which has acceded to the
Convention of:
a. any signature of this Protocol;
b. any deposit of an instrument of ratification, acceptance,
approval or accession;
c. any date of entry into force of this Protocol in accordance
with Articles 6 and 7;
d. any declaration received in pursuance of the provisions of
paragraphs 2 and 3 of Article 8;
e. any declaration received in pursuance of the provisions of
paragraph 1 of Article 9;
f. any reservation made in pursuance of the provisions of
paragraph 2 of Article 9;
g. the withdrawal of any reservation carried out in pursuance of
the provisions of paragraph 3 of Article 9;
h. any notification received in pursuance of the provisions of
Article 11 and the date on which denunciation takes effect.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Protocol.
Done at Strasbourg, this 17th day of March 1978, in English and
French, both texts being equally authoritative, in a single copy which
shall remain deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit certified
copies to each of the signatory and acceding States.Страницы: 1 2 |