S.I. No. 474/2000 - Extradition Act, 1965 (Application of Part II) Order, 2000

To be made by the Government

WHEREAS by the European Convention on Extradition (the terms of which are set out in Part I of the First Schedule hereto), done at Paris on the 13th day of December, 1957 (referred to subsequently in these recitals as “the Paris Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 2 thereof;

AND WHEREAS the Paris Convention was ratified on behalf of the State on the 12th day of July, 1988, subject to the reservation and declarations specified in Part II of the said First Schedule;

AND WHEREAS the Paris Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the Table to the Tenth Schedule hereto subject to the reservations and declarations by certain of the countries concerned specified in Part III of the said First Schedule;

AND WHEREAS pursuant to Article 27.4 of the Paris Convention, the Government have made an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) with the Government of the Kingdom of the Netherlands by means of an exchange of letters dated the 27th day of July 1995, and the 4th day of December 2000 (the terms of which are set out in Part IV of the said First Schedule) extending that Convention to the places specified in the said Part IV;

AND WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part I of the Second Schedule hereto), done at the Hague on the 16th day of December, 1970 (referred to subsequently in these recitals as “the Hague Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Hague Convention was ratified on behalf of the State on the 14th day of November, 1975;

AND WHEREAS the Hague Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject, to the reservations and declarations by certain of the countries concerned specified in Part II of the said Second Schedule;

AND WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in Part I of the Third Schedule hereto), done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;

AND WHEREAS the Montreal Convention was acceded to on behalf of the State on the 12th day of October, 1976;

AND WHEREAS the Montreal Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Third Schedule;

AND WHEREAS by the Protocol, done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Protocol” and the terms of which are set out in Part I of the Fourth Schedule hereto), to which the State is a party, an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) was made with the other countries that are parties to that Protocol whereby provisions supplementary to those of the Montreal Convention were adopted;

AND WHEREAS the Montreal Protocol was ratified on behalf of the State on the 26th day of July, 1991;

AND WHEREAS the Montreal Protocol has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fourth Schedule;

AND WHEREAS by the Convention on the Physical Protection of Nuclear Material (the terms of which are set out in Part I of the Fifth Schedule hereto), opened for signature at Vienna and New York on the 3rd day of March, 1980 (referred to subsequently in these recitals as “the Nuclear Material Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 7 thereof;

AND WHEREAS the Nuclear Material Convention was ratified on behalf of the State on the 6th day of September, 1991;

AND WHEREAS the Nuclear Material Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fifth Schedule;

AND WHEREAS by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the terms of which are set out in Part I of the Sixth Schedule hereto), concluded at Vienna on the 20th day of December, 1988 (referred to subsequently in these recitals as “the Drug Trafficking Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 3 thereof;

AND WHEREAS the Drug Trafficking Convention was ratified on behalf of the State on the 3rd day of September, 1996;

AND WHEREAS the Drug Trafficking Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Sixth Schedule;

AND WHEREAS by the European Convention on the Suppression of Terrorism (the terms of which are set out in Part I of the Seventh Schedule hereto) done at Strasbourg on the 27th day of January, 1977 (referred to subsequently in these recitals as “the Anti-Terrorism Convention”), to which the State is a party, an arrangement (within the meaning of subsection (2) of section 8 of the Extradition Act, 1965 (No. 17 of 1965)) was made with the other countries that are parties to that Convention whereby certain offences would not, for the purposes of extradition, be treated as political offences;

AND WHEREAS the Anti-Terrorism Convention was ratified on behalf of the State on the 21st day of February, 1989;

AND WHEREAS the Anti-Terrorism Convention has also been ratified or acceded to by the countries specified in that regard in the said Table subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Seventh Schedule;

AND WHEREAS by the Treaty on Extradition between the State and Australia (the terms of which are set out in the Eighth Schedule hereto), done at Dublin on the 2nd day of September, 1985, (referred to subsequently in these recitals as “the Australian Treaty”), an arrangement was made with Australia for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the Australian Treaty were approved by Dáil Éireann by resolution passed by it on the 29th day of June, 1988;

AND WHEREAS by notes exchanged at Canberra on the 27th day of February, 1989, the State and Australia have, in accordance with the Australian Treaty, notified each other that their respective requirements for the entry into force of the Australian Treaty have been complied with;

AND WHEREAS by the Treaty on Extradition between the State and the United States of America (the terms of which are set out in the Ninth Schedule hereto), signed at Washington on the 13th day of July, 1983 (hereinafter referred to as “the United States Treaty”), an arrangement was made with the United States of America for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;

AND WHEREAS the terms of the United States Treaty were approved by Dáil Éireann on the 25th day of November, 1986;

AND WHEREAS the United States Treaty has been ratified on behalf of the State and of the United States of America and the instruments of ratification referred to therein were exchanged at Dublin on the 13th day of January, 1987;

AND WHEREAS it is intended accordingly to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), to each of the countries (other than the United Kingdom of Great Britain and Northern Ireland) specified in the said Table and to make declarations pursuant to section 8(2) of the said Act in relation to the said arrangements with the Government of the Kingdom of the Netherlands, the Anti-Terrorism Convention and the Protocol;

NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby make the following order with respect to which, pursuant to section 4 of that Act (inserted by Section 7 of the Extradition (European Convention on the Suppression of Terrorism) Act, 1987 (No. 1 of 1987)), a draft has been laid before each House of the Oireachtas and a motion approving of the draft has been passed by each such House:

1.

• (2) This Order shall come into operation on the 20th day of December 2000.

2.

“the Act of 1965” means the Extradition Act, 1965 (No. 17 of 1965);

“the First Schedule” means the First Schedule to this Order; and

“the Table” means the Table to the Tenth Schedule to this Order.

3.

4.

5.

6.

7.

• (a) the Extradition Act, 1965 (Part II) (No. 22) Order, 1987 ( S.I. No. 33 of 1987 );

• (b) the Extradition Act, 1965 (Part II) (No. 23) Order, 1989 ( S.I. No. 9 of 1989 );

• (c) the Extradition Act, 1965 (Part II) (No. 25) Order, 1989 ( S.I. No. 10 of 1989 );

• (d) the Extradition Act, 1965 (Part II) (No. 24) Order, 1989 ( S.I. No. 48 of 1989 ).

First Schedule: Part I

EUROPEAN CONVENTION ON EXTRADITION

Paris, 13.XII.1957

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

Article 3 — Political offences

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

• (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.

Article 7 — Place of commission

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

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

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.

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

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

Article 19 — Postponed or conditional surrender

Article 20 — Handing over of 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.

Article 21 — Transit

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.

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

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

Article 27 — Territorial application

Article 28 — Relations between this Convention and bilateral Agreements

Article 29 — Signature, ratification and entry into force

Article 30 — Accession

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.

First Schedule: Part II

Reservations and declarations made by the State to the EUROPEAN CONVENTION ON EXTRADITION

Declaration contained in a letter from the Ministry of External Affairs of Ireland, dated 2 May 1966, handed to the Secretary General made at the time of signature and deposit of the instrument of ratification, on the same day:

I have the honour to declare, in accordance with Article 6 of the Convention, that the term “national” in the Convention is hereby defined as meaning “citizens of Ireland” as far as my Government is concerned.

Reservation contained in the instrument of ratification, deposited on 2 May 1966:

The Irish authorities will not grant extradition if final judgment in respect of the offence for which extradition is requested has been passed in a third State on the person claimed.

Declaration made at the time of confirmation of ratification, on 12 July 1988:

A decision of the Irish Supreme Court has made it impossible for Ireland to comply with its international obligations under the European Convention on Extradition.

The Court ruled that Ireland was not bound by its ratification of a similar extradition Treaty as the approval of Dáil Éireann of the terms of that Treaty had not been obtained prior to ratification as is required by the Constitution of Ireland. The said Supreme Court decision serves as a binding precedent in all future extradition cases.

The same circumstance applies in the case of the European Convention on Extradition. Dáil approval of the terms thereof was not obtained prior to ratification of the said Convention on behalf of the Government of Ireland in 1966. Consequently, in the event of a court challenge, Ireland's ratification in 1966 is likely to be declared invalid under domestic law.

In order to rectify this position, Dáil Éireann approved the terms of the European Convention on Extradition on 29 June 1988. It is now necessary, for the purposes of domestic requirements, for the Government of Ireland to confirm the earlier ratification by way of deposit of a new instrument of ratification.

Declaration transmitted by letter from the Permanent Representative, dated 13 May 1991, registered at the Secretariat General on the same day:

The Government of Ireland, in accordance with Article 28, paragraph 3, of the European Convention on Extradition, 1957, hereby notify the Secretary General of the Council of Europe that the relations of the Government of Ireland with the Government of the United Kingdom in respect of Extradition will continue to be regulated exclusively on the basis of laws in force in their respective territories providing for the execution in the territory of either party of warrants of arrest issued in the territory of the other party.

First Schedule: Part III

List of reservations and declarations made by other Contracting Parties with respect to the EUROPEAN CONVENTION ON EXTRADITION

Albania:

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1 of Article 2 of the Convention, the Albanian Party has no minimum limits for the term of imprisonment for the effect of extradition. The Albanian Party considers this declaration as valid only in conditions of reciprocity.

This declaration is valid only in conditions of reciprocity.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1, sub-paragraph a, of Article 6, the Albanian Party refuses the extradition of its nationals, unless otherwise provided in the international agreements to which Albania is a Contracting Party.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1, sub-paragraph b, of Article 6, the Albanian Party includes in the term “nationals” the persons with double nationality, in case either of them is Albanian.

Reservation contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 1 of Article 7, the Albanian Party does not allow the extradition of the persons who have committed offences either in the Albanian territory or outside it, when the offence has injured the interests of the State or of the nationals, unless it is otherwise agreed with the interested Party.

This declaration is valid only in conditions of reciprocity.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 2 of Article 19, the Albanian Party declares that when a person asked to be surrendered is serving a sentence for another offence, he or she, in the event of extradition, shall be permitted to serve the full sentence in the requesting country.

This declaration is valid only in conditions of reciprocity.

Declaration contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 4, sub-paragraph a, of Article 21, the Albanian Party declares that prior notification is not necessary in cases of transit by air that does not schedule a landing in Albanian territory.

Reservation contained in the instrument of ratification deposited on 19 May 1998:

Relating to paragraph 2 of Article 12, the Albanian Party presents the reservation that the request for extradition must be accompanied always by the original text, or authenticated copy of the applied law.

Andorra:

Declaration contained in the instrument of ratification deposited on 13 October 2000:

Article 14 , paragraph 1, of the Law “qualificada” on Extradition prohibits the extradition of persons having the Andorran nationality. For the purposes of this Convention, the term “national” means any person having the Andorran nationality at the time of the commission of the facts in accordance with the provisions of the Law “qualificada” on Andorran nationality.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

Article 8 , paragraph 3, of the Constitution of the Principality of Andorra prohibits the death penalty. When the offence for which the extradition is requested may be punishable by death under the law of the requesting Party, the Principality of Andorra shall refuse extradition, unless the requesting Party gives such assurance as considered sufficient by the requested Party that the death penalty will not be executed.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

In the case of a request for provisional arrest, the Principality of Andorra shall require, as complementary information, a short statement of the facts alleged against the person sought.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

The Principality of Andorra will only grant transit when all the conditions required for the granting of extradition are fulfilled in accordance with this Convention.

Declaration contained in the instrument of ratification deposited on 13 October 2000:

The Principality of Andorra will require the requesting Party to supply a translation of the request for extradition and all accompanying documents into Catalan, Spanish or French.

Reservation contained in the instrument of ratification deposited on 13 October 2000:

The Constitution of the Principality of Andorra prohibits special courts in its Article 85, paragraph 2. Extradition shall therefore not be granted in cases if the person sought would be tried in the requesting State by a special court or if extradition is requested for the enforcement of a sentence or detention order imposed by such a court.

In the same way, and pursuant to Article 14, paragraphs 12, 13, 14 and 15 of the Law “qualificada” of the Principality of Andorra [Law which, to be passed, requires a higher majority than other laws], extradition shall not be granted:

a. when the sentence is based on a manifest error;

b. when extradition is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his or her age or state of health;

c. when the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person's particular case, as the only person concerned or not.

Reservation contained in the instrument of ratification deposited on 13 October 2000:

The Principality of Andorra reserves itself the right to require the requesting Party to produce evidence establishing a sufficient presumption that the offence was committed by the person whose extradition is requested. Should such evidence be deemed insufficient, extradition may be refused.

Austria:

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, in so far as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

In any case Austria will refuse transit of Austrian nationals.

Declaration contained in the instrument of ratification, deposited on 21 May 1969:

Austria will also refuse transit because of fiscal offences in the sense of Article 5 and because of the offences mentioned in the reservation to Article 5. Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.

Declaration contained in a letter from the Permanent Representative of Austria, dated 16 April 1985, registered at the Secretariat General on 17 April 1985:

The declaration submitted by the Republic of Austria with regard to Article 21(5) of the European Convention on Extradition of 13 December 1957, is herewith restricted to the extent that the first sentence is to be deleted.

By consequence of this restriction, this declaration shall read henceforth as follows:

“Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.”

Reservation contained in the instrument of ratification, deposited on 21 May 1969:

Austria will not grant extradition if the person claimed is to be brought before a special court or if the extradition should lead to the execution of a sentence or a detention order inflicted by such a court.

Reservation contained in the instrument of ratification, deposited on 21 May 1969:

Austria will further grant extradition for offences which are exclusively contraventions against regulations concerning monopolies or the export, import, transit and rationing of goods only under the conditions mentioned in Article 5.

Reservation contained in the instrument of ratification, deposited on 21 May 1969:

Austria will refuse extradition requested in order to carry out death-penalty. Extradition for an offence punishable by the death under the law of the requesting Party will only be granted if the requesting State accepts the condition that a death-penalty will not be pronounced. Austria will apply the same principles in the case of sentences which are incompatible with the requirements of humanity and human dignity.

Declaration contained in a letter from the Permanent Representative dated 4 June 1991, registered at the Secretariat General on 7 June 1991:

With reference to your circular No.JJ2356C Tr./24-4 of 16 February 1990 concerning the declarations and reservations made by Portugal [Note from the Secretariat: letter from the Permanent Representative of Portugal dated 12 February 1991] in respect of the European Convention on Extradition and with reference to the declaration by the Government of the Federal Republic of Germany dated 4 February 1991, I have the honour to inform you that my Government shares the German interpretation of the matter.

Article 11 of the European Convention on Extradition provides for the possibility of refusing extradition in cases in which the offence for which extradition is requested is punishable by death under the law of the requesting party. However, the Convention does not contain a similar provision for sentences of life imprisonment.

The application of the European Convention on Extradition in respect of Portugal without the interpretation proposed by the German Government would result in a situation where extradition for a crime punishable by life imprisonment would have to be refused.

This is not compatible with the meaning and purpose of the Convention. The result of such an application would be the regular refusal of extradition for serious crimes and the authorisation of extradition for relatively minor crimes. This would be contrary to the purpose of the Convention, namely to achieve co-operation between the Contracting Parties to take international action against crime.

Declaration contained in a letter from the Permanent Representation of Austria to the Council of Europe, dated 7 January 1994, registered at the Secretariat General on 11 January 1994:

Concerning the declarations and reservations formulated by Poland with regard to the European Convention on Extradition, the Austrian Government shares the interpretation contained in the declaration of the Government of the Federal Republic of Germany, dated 11 October 1993.

The Government of Austria declares that Poland's declaration concerning Article 6, paragraph 1(b) of the European Convention on Extradition is interpreted by Austria in the same way, as meaning that persons who have been granted asylum in Poland will be placed on an equal footing with Polish nationals only in the event of a request for extradition by the persecuting State and that, in that case, such persons will not be extradited.

The declaration by Poland concerning Article 6, paragraph 1(b) is compatible with the aim and purpose of the Convention only if the extradition to a third state of persons granted asylum in Poland is not refused solely on the grounds that those persons are treated as Polish nationals.

Declaration contained in a letter from the Permanent Representative of Austria, dated 3 December 1997, registered at the Secretariat on 5 December 1997:

The Government of Austria declares that Romania's declaration concerning Article 6, paragraph 1(a) and (b) and Article 21, paragraph 5, of the Convention is interpreted by Austria in the way that persons who have been granted asylum in Romania will be placed on an equal footing with Romanian nationals only in the event of a request for extradition or transit through Romania's territory by the persecuting State and that, in that case, such persons will neither be extradited nor transited through Romania.

The declaration by Romania concerning Article 6, paragraph 1(a) and (b) and Article 21, paragraph 5, is compatible with the aim and purpose of the Convention only if the extradition or transit through Romania's territory to a third State of persons granted asylum in Romania is not refused solely on the grounds that those persons are treated as Romanian nationals.

Belgium:

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Belgian Government considers that the reservation made by Portugal regarding Article 1, item c, is not compatible with the object of the Convention. It takes the reservation to mean that extradition shall not be granted only if, in accordance with the legislation of the requesting State, the person sentenced to life imprisonment cannot be released after a certain time, following a legal or administrative procedure.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Belgium considers that the rule of speciality is not applicable when the person claimed by Belgium has given, before the judicial authority of the requested State, his or her explicit consent to be prosecuted and punished on whatever count if this possibility is provided for in the legislation of the latter State. If, on the other hand, the extradition is requested from Belgium, it considers that, when the person to claimed has formally renounced to the formalities and guarantees of extradition, the rule of speciality shall no longer apply.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Belgium considers that the exception provided for by Article 15 is extended, in the event that the person surrendered to Belgium has renounced to the speciality of extradition according to the legislation of the requested Party.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Belgian Government will allow transit through its territory on the same conditions on which extradition is granted.

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

If the request for extradition and the documents to be produced are in the language of the requesting Party and this language is neither Dutch, French, nor German, they must be accompanied by a translation into French.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Belgium reserves the right not to grant extradition if the person claimed could be brought before a court of special jurisdiction, or if the extradition is requested for the execution of a sentence rendered by such a court.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

Extradition will not be granted when the surrender might have consequences of an exceptional gravity for the person claimed, in particular on account of his or her age or health.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The obligation to release after the expiry of 30 days provided for by Article 18, paragraph 4, will not be applicable in the event that the person claimed has introduced an appeal against the decision to extradite or concerning the legality of the detention.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Government of the Kingdom of Belgium will grant the temporary surrender provided for by Article 19, paragraph 2, only if it concerns a person who serves a sentence on its territory and if particular circumstances require it.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

By reason of the special arrangements between the Benelux countries, the Belgian Government does not accept Article 28, paragraphs 1 and 2, in respect of its relations with the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997:

The Belgian Government reserves the right to derogate from these provisions in respect of its relations with the other member States of the European Community.

Bulgaria:

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

Extradition may be refused if the person proceeded against is to be tried by a special court in the requesting state or if a sentence delivered by such a court will be executed against that person.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

Extradition for military offences which are also offences under ordinary law may be granted solely on condition that the person extradited will not be tried by a military court or accused of a military offence.

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares that it will recognise as a national for the purposes of the convention any person having Bulgarian nationality at the time of the extradition order.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares its right to refuse extradition if the requesting party refuses extradition in similar cases, in accordance with Article 7, paragraph 2.

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares its right to require that the requesting party submit evidence that the offence was committed by the person whose extradition is requested. If it considers the evidence submitted to be inadequate, it may refuse extradition.

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares that it will allow transit on the same conditions on which extradition is granted.

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994:

The Republic of Bulgaria declares that it will require that documents submitted in execution of the present Convention be accompanied by a translation into one of the official languages of the Council of Europe.

Croatia:

Declaration contained in the instrument of accession, deposited on 25 January 1995:

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any extradition of its own citizens.

Declaration contained in the instrument of accession, deposited on 25 January 1995:

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any transit (Article 21, paragraph 2, of the Convention) of its own citizens.

Declaration contained in the instrument of accession, deposited on 25 January 1995:

The “nationality” of a person being requested for extradition will be considered in terms of the time when the criminal act was committed and in compliance with the regulations of the Republic of Croatia regarding citizenship (Article 6, paragraph 1(b), of the Convention).

Declaration contained in the instrument of accession, deposited on 25 January 1995:

The Republic of Croatia will approve the transit of a person only under the conditions applying to extradition (Article 21, paragraph 5, of the Convention).

Cyprus:

Declaration made at the time of signature, on 18 September 1970:

The Government of the Republic of Cyprus declares that under Article 11.2.f. of the Constitution of the Republic no extradition of citizens of the Republic can be made. The provisions, therefore, of this Article, as far as the Republic of Cyprus is concerned, should be restricted to extradition of aliens.

Declaration made at the time of signature, on 18 September 1970:

The Government of the Republic of Cyprus declares that so long as under its Constitution no extradition of citizens of the Republic is allowed (cf. declaration in respect of Article 1) the term “nationals” within the meaning of the Convention, as far as the Republic of Cyprus is concerned, should mean “citizens of the Republic of Cyprus or persons who, under the provisions relating to citizenship of the Republic in force for the time being, would be entitled to become citizens of the Republic”.

Furthermore, under the provisions of the Criminal Code of Cyprus citizens of the Republic may be prosecuted in Cyprus, for offences committed in a foreign country punishable with death or imprisonment exceeding two years if the act or omission constituting the offence is also punishable by the law of the country where it was committed.

Declaration made at the time of signature, on 18 September 1970:

Under the Criminal Code of Cyprus in the case of citizens of the Republic committing an offence in a foreign country punishable under the Law of Cyprus with death but not so punishable under the law of the foreign country the death penalty is not imposed in the Republic but such citizen is punishable with any other punishment up to imprisonment for life.

Declaration made at the time of signature, on 18 September 1970:

With regard to citizens of the Republic the same declaration is made in respect of Articles 1 and 6.

Czech Republic:

Declaration contained in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the time of signature on 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Note Verbale from the Permanent Representation of the Czech and Slovak Federal Republic dated 15 April 1992 handed over to the Secretary General at the time of deposit of the instrument of ratification, and confirmed in a letter from the Minister for Foreign Affairs of the Czech Republic dated 1 January 1993, registered at the Secretariat General on 2 January 1993:

Under the terms of the Article 21.5, the transit of a person within the meaning of Article 21 will be granted only on conditions applied in cases of extradition.

Denmark:

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition may be granted on condition that the person charged with an offence shall not be proceeded against before a special court. Extradition may be refused if its object is the execution of a sentence pronounced by such a court.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition may be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal reasons.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition may be refused if the competent authorities of a third State have, by a final judgment, either acquitted or convicted the person concerned in respect of the offence giving rise to the request for extradition, of if the competent authorities of a third State have decided to waive or to discontinue proceedings in respect of the same offence.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

The obligation to grant extradition shall be restricted to offences which, under the Danish penal code, are punishable by a penalty more severe than imprisonment for one year or simple detention.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

A decision as to whether, in a given instance, the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed a political offence shall be made after consideration of the facts of the case.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Extradition for a military offence which is also a civil offence may only be granted provided the extradited person is not convicted under military law.

Reservation contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

Where seemingly indicated by special circumstances, the Danish authorities may require the requesting country to produce evidence establishing a sufficient presumption of guilt on the part of the person concerned. Should such evidence be deemed insufficient, extradition may be refused.

Declaration contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

The term “national” means in Denmark a national of Denmark, Finland, Iceland, Norway or Sweden, or a person domiciled in one of those countries.

Declaration contained in a letter from the Ministry of Foreign Affairs of Denmark, dated 30 August 1962, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 September 1962:

The Convention will not apply to Denmark's relations with Norway and Sweden, extradition between the Scandinavian countries being governed by uniform legislation.

Estonia:

Declaration contained in the instrument of ratification, deposited on 28 April 1997: