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

Type Statutory Instrument

Publication 2000-12-19

Last updated 2019-08-02

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 130

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

9 amending acts · 2019-08-02, S.I. No. 372/2019 - Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019

Reform history JSON API

Pursuant to Article 6, paragraph 1, sub-paragraph (b) of the Convention the Republic of Estonia declares that the term “national” within the meaning of this Convention means nationals of the Republic of Estonia.

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

Pursuant to Article 6, paragraph 1, sub-paragraph (a) of the Convention, the Republic of Estonia reserves the right to refuse extradition of one of her own nationals, if the national has not consented to it.

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

Pursuant to Article 23 of the Convention, the Republic of Estonia declares that requests and their annexes presented to the Republic of Estonia shall be accompanied by a translation into English.

Finland:

Declaration contained in a letter from the Embassy of Finland in France, dated 12 May 1971, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day:

Within the meaning of this Convention the term “nationals” shall denote nationals of Finland, Denmark, Iceland, Norway and Sweden as well as aliens domiciled in these States.

Declaration contained in a letter from the Embassy of Finland in France, dated 12 May 1971, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day:

The Convention shall not apply to extradition for offences between Finland, Denmark, Iceland, Norway and Sweden because extradition between these States is governed by uniform legislation.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Finland reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Finland reserves the right to refuse extradition, if extradition on account of the age, the state of health or any other condition affecting the individual in question or on account of special conditions would be unreasonable for human reasons.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

The obligation to extradite mentioned in paragraph 1 of the Article 2 shall be restricted to offences which, under Finnish law, are punishable by a penalty more severe than imprisonment for one year. A person sentenced in a foreign State for such offence may be extradited only, if the term not yet served is deprivation of liberty for at least four months.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Finland reserves the right to regard the offence mentioned in paragraph 3 of this Article 3 as a political offence, if such offence has been committed in open fight.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

Where a military offence also comprises an offence in respect of which extradition otherwise is permissible, Finland reserves the right to stipulate that the extradited person shall not be punished under a provision pertaining to military offences.

Reservation contained in the instrument of accession, deposited on 12 May 1971:

If the person taken into custody, whose extradition has been granted, has not been taken over by the requesting State on the date appointed, Finland reserves the right to release him immediately.

France:

Reservation contained in the instrument of ratification. deposited on 10 February 1986:

Extradition shall not be granted if 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 or if extradition is requested for the enforcement of a sentence or detention order imposed by such a tribunal.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

Extradition may be refused if surrender is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his age or state of health.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

Concerning persons prosecuted, extradition shall only be granted in respect of offences which, under French law and under the law of the requesting State, are punishable by deprivation of liberty or by a detention order for a maximum period of at least two years.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

With regard to punishments which are more severe than deprivation of liberty or detention orders, extradition may be refused if these punishments or detention orders are not provided for in the scale of punishments applicable in France.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

France reserves the right, in the light of the individual circumstances of each case, to appreciate if the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed or not a political offence.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

France declares that for offences in connection with taxes, duties, customs and exchange, extradition shall be granted to the requesting State if it has been so decided by a simple exchange of letters in each category of case.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

Extradition shall be refused when the person sought had French nationality at the time of the alleged offence.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

France will require that any new description of an offence relates to the same facts as those for which extradition was granted and that this new description does not imply the application of a penalty for which extradition could be refused.

Reservation contained in the instrument of ratification, deposited on 10 February 1986:

In the case of a request for provisional arrest, France shall require a short memorandum of the facts alleged against the person sought.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

France reserves the right not to grant transit except on the same conditions as those on which it grants extradition.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

France declares that it will request a translation of the requests for extradition and documents annexed thereto into one of the official languages of the Council of Europe and that it chooses French.

Declaration contained in the instrument of ratification, deposited on 10 February 1986:

The Government of the French Republic declares that, with respect to France, the Convention applies to the European and overseas departments of the Republic.

Germany:

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

Extradition of Germans from the Federal Republic of Germany to a foreign country is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case. The term “nationals” within the meaning of Article 6, paragraph 1b., of the European Convention on Extradition covers all Germans within the meaning of Article 116, paragraph 1, of the Basic Law for the Federal Republic of Germany.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

In a case of transit under Article 21 of the European Convention on Extradition Article 11 of the Convention will be applied mutatis mutandis.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

Transit of a German through the territory of the Federal Republic of Germany is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case.

Reservation made at the time of deposit of the instrument of ratification, on 2 October 1976:

Where transit is to be effected by air through the territory of the Federal Republic of Germany without any intention to land, an assurance will be required to the effect that, according to the facts known to the requesting Party and the documents in its possession, the extradited person is not a German and does not claim such status.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

Where the request for extradition and the documents to be produced are not in the German language they must be accompanied by translations of the request and the documents into the German language or into one of the official languages of the Council of Europe.

Declaration made at the time of deposit of the instrument of ratification, on 2 October 1976:

The European Convention on Extradition shall also apply to Land Berlin with effect from the date on which it will enter into force for the Federal Republic of Germany.

Reservation made at the time of deposit of the instrument of ratification, on 2 October 1976:

A request for the extradition of a national of the French Republic, of the United Kingdom of Great Britain and Northern Ireland, or of the United States of America from Land Berlin may be complied with only after the Berlin Commandant of the armed forces of the State concerned has agreed.

Declaration contained in a letter from the Permanent Representation dated 4 February 1991, registered at the Secretary General on 5 February 1991:

The Government of the Federal Republic of Germany considers Portugal's reservation (under item c) to Article 1 of the Convention to be compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long sentence or detention order is not absolute. It takes the reservation to mean that the only circumstance in which extradition will not be granted is where there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain proportion of the sentence or period of detention, to obtain a judicial review of his case with a view to having the remainder of the sentence commuted to probation.

Declaration contained in a Note Verbale from the Permanent Representation dated 11 October 1993 registered at the Secretariat General on 13 October 1993:

The Federal Republic of Germany considers the placing of persons granted asylum in Poland on an equal standing with Polish nationals in Poland's declaration with respect to Article 6, paragraph 1 (a) of the Convention to be compatible with the object and purpose of the Convention only with the provision that it does not exclude extradition of such persons to a state other than that in respect of which asylum has been granted.

Greece:

Declaration made at the time of deposit of the instrument of ratification, on 29 May 1961:

The provisions of Article 6 will be applied subject to the application of Article 438 (a) of the Greek Code of Criminal Procedure, which prohibits extradition of nationals of the requested Party.

Article 438 of the Greek Code of Criminal Procedure will also be applied in relation to paragraph 1 (c). Under that Article, the date of commission of the offence will on no account be taken into consideration in establishing the nationality of the wanted person.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

Paragraph 1 of Article 7 will be applied subject to the provisions of Article 438(b) of the Greek Code of Criminal Procedure.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

Article 437 (1) of the Greek Code of Criminal Procedure will continue to be applied in place of Article 11 of the Convention. Under that clause, extradition of a foreign national for an offence punishable by death under the law of the requesting Party is authorised only if Greek criminal law prescribes the same penalty for the offence in question.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

The last sentence of Article 18 (4) of the Convention is accepted, with the addition of the following clause from Article 454 of the Greek Code of Criminal Procedure: “provided that the new request is based on the same facts”.

Reservation made at the time of deposit of the instrument of ratification, on 29 May 1961:

This Article is accepted subject to the provisions of Article 441 of the Greek Code of Criminal Procedure.

Hungary:

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

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

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health, or any other condition affecting the individual in question, having regard also to the nature of the offence and the interests of the requesting State.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

The provisions of Article 6 paragraph 1.a of the Peace Treaty concluded in Paris on 10 February 1947 notwithstanding, Hungary will not grant extradition of its own nationals.

Declaration contained in a Note Verbale registered at the Secretariat General on 25 February 1999:

Notwithstanding the provisions of Article 6, paragraph 1.a, of the Peace Treaty concluded in Paris on 10 February 1947, Hungary will not grant extradition of its own nationals, except in the case where the person sought for extradition is also a citizen of another State and has his permanent residence in a foreign State. Irrespective of his permanent residence and his incidental other citizenship, a Hungarian citizen may be transferred to another State, if the extradition of such a person to Hungary was granted under the condition that, following completion of the criminal proceedings or the execution of the sentence against him, he would be transferred back to that State for the purposes of fulfilling the request for extradition.

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary will refuse extradition if it is requested to carry out death penalty or to prosecute a person charged with an offence punishable by death penalty. However, extradition may be granted in respect of an offence punishable by death penalty under the law of the requesting State, if that State accepts, that death penalty, if pronounced, will not be executed.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

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

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary will refuse transit of its own nationals and of persons settled definitively in Hungary.

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary declares that it will require a translation of the request for extradition and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, if they are not drawn up in these languages.

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993:

Hungary reserves the right to refuse extradition of persons settled definitively in Hungary.

Iceland:

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

When granting extradition, Iceland reserves the right to stipulate that the extradited person may not be summoned to appear before a provisional court or a court empowered under exceptional circumstances to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

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 circumstances.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Iceland can grant extradition in respect of an offence, or corresponding offence, which under Icelandic law is punishable, or would have been punishable, with imprisonment for more than one year.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Iceland reserves the right, in light of individual circumstances, to consider the offence described in paragraph 3 of Article 3 as a political offence.

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

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

Reservation contained in the instrument of ratification, deposited on 20 June 1984:

Iceland reserves the right to require the requesting Party to produce evidence establishing that the person claimed has committed the offence for which extradition is requested. Extradition may be refused if the evidence is found to be insufficient.

Declaration contained in a letter from the Permanent Representative of Iceland, handed to the Secretary General at the time of deposit of the instrument of ratification, on 20 June 1984:

Within the meaning of the Convention the term “nationals” means a national of Iceland and a national of Denmark, Finland, Norway or Sweden or a person domiciled in Iceland or other aforementioned countries.

Declaration contained in a letter from the Permanent Representative of Iceland, handed to the Secretary General at the time of deposit of the instrument of ratification, on 20 June 1984:

The Convention shall not apply to extradition to Denmark, Finland, Norway or Sweden as extradition between the Nordic countries is governed by a uniform law.

Israel:

Declaration contained in the instrument of accession, deposited on 27 September 1967:

Israel will only grant transit of a person if, were the receiving State requesting the extradition of the wanted person from Israel, there would be no legal bar to declaring him subject to extradition and extraditing him.

Declaration contained in the instrument of accession, deposited on 27 September 1967:

The evidence in writing, or the declarations given on oath or not, or certified copies of such evidence or declarations, and the warrant of arrest and the other legal documents establishing the fact of the conviction, shall be admitted as valid evidence in examining the request for extradition, if they have been signed by a judge or official of the requesting State or if they are accompanied by a certificate issued by such a judge or official or if they have been authenticated by the seal of the Ministry of Justice.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not grant extradition of any person unless he is accused or has been convicted in the requesting State of an offence which, had it been committed in Israel, would be one of the following offences:

(a) Any offence for which the death penalty or imprisonment for a period exceeding three years may be imposed (even if the penalty is lighter where the sentence is passed by a magistrate's court), except:

an offence with which a person can only be charged if at the time of committing it he is a soldier within the meaning of the Military Justice Law, 5715-1955;

offences under Section 85 of the Criminal Code Ordinance, 1936 (preventing by force or obstructing notification or presence of a competent police officer in the event of a riotous assembly or riot) or under the Penal Law Amendment (Bigamy) Law, 5719-1959 (bigamy);

offences under the Penal Law Amendment (Assault on Police Officers) Law, 5712-1952, or under any of the laws specified in the Schedule to the Prevention of Profiteering and Speculation (Jurisdiction) Law, 5711-1951 (various laws, regulations and bye-laws regulating subleasing and accommodation of guests, and the distribution, prices and control of the sale of foodstuffs).

(b) An offence the penalty for which is lighter than above specified and which is an offence under the Penal Law Amendment (Bribery) Law, 5712-1952, or under any of the following sections of the Criminal Code Ordinance, 1936:88 (riotously preventing the sailing of a ship), 109B, 110-115 (various offences relating to abuse of office by public servants), 120-122, 124 (false swearing, deceiving witnesses, destroying evidence, conspiracy to defeat justice and interference with witnesses), 140 (fraud by public officers), 146 (insult to religion), 156, 158, 159 (intercourse by husband with girl under 15 years, indecency without force and indecent act upon person under 16 years), 161d. (sodomy), 185, 186 (neglect in the supply of food etc. to, and desertion of children), 195 (spread of dangerous infection or disease), 218 (homicide by carelessness), 242, 250 (assault causing bodily harm), 261, 262 (compulsory labour and false imprisonment), 270 (theft), 304 b. and c. (defrauding of creditors), 305 (conspiracy to defraud the public), 310 (receiving property fraudulently obtained), 350 (imitation of banknotes), 359, 360, 363-366 (counterfeiting), or under the Penal Law Amendment (Deceit, Blackmail and Extortion) Law, 5723-1963 (deceit and forgery).

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not grant extradition of a person charged with an offence unless it is proved in a court in Israel that there is evidence which would be sufficient for committing him to trial for such an offence in Israel.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not accede to a request for extradition if the wanted person has been pardoned, or has had his punishment remitted, in the requesting State in respect of the criminal act in question.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Israel will not grant extradition in departure from the rule of speciality except:

a. if the wanted person has in his absence been declared subject to extradition also in respect of the other offence after he was given an opportunity to be represented in the proceedings aimed at such declaration;

b. upon condition that the wanted person will not be proceeded against, sentenced or detained with a view to carrying out sentence unless, having left the requesting State after his extradition, he voluntarily returned to it, or unless he failed to leave the requesting State within 60 days after being given an opportunity to do so.

Reservation contained in the instrument of accession, deposited on 27 September 1967:

Article 15 shall be read as if the words “60 days” replaced the words “45 days” in Article 14, paragraph 1 b.

Declaration contained in a letter from the Ambassador of Israel in Charge of Relations with the Council of Europe, dated 2 December 1997, registered at the Secretariat General on 5 December 1997:

In regard to Article 23 of the Convention, the Government of the State of Israel requests that the documents to be produced by the requesting Party be translated into English or Hebrew.

Italy:

Reservation made at the time of signature, on 13 December 1957, and confirmed at the time of deposit of the instrument of ratification, on 6 August 1963:

Italy makes the express reservation that it will not grant the extradition of persons wanted for the carrying out of a detention order unless:

a. all the criteria laid down in Article 25 are fulfilled in each case;

b. the said detention order is expressly provided for under the criminal law of the requesting Party as being a necessary consequence of an offence.

Declaration made at the time of signature, on 13 December 1957, and confirmed at the time of deposit of the instrument of ratification, on 6 August 1963:

Italy declares that it will not, under any circumstances, grant extradition in respect of offences punishable by death under the law of the requesting Party.

Latvia:

Declaration contained in a Note Verbale from the Minister of Foreign Affairs of Latvia dated 17 April 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 2 May 1997:

In pursuance of paragraph 1 of Article 6 of the Convention on Extradition of 1957, the Republic of Latvia defines that within the meaning of this Convention, the term “nationals” relates to the citizens of the Republic of Latvia and non-citizens who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Liechtenstein:

Reservation contained in the instrument of accession, deposited on 28 October 1969:

Extradition is on principle granted by the Principality of Liechtenstein only on the condition that the person against whom proceedings are being taken for an offence be tried by the ordinary courts of the requesting State. It therefore reserves the right to grant extradition only on condition that the requesting State gives adequate assurances in that respect.

Declaration contained in the instrument of accession, deposited on 28 October 1969:

The Government of the Principality of Liechtenstein declares that Liechtenstein law does not permit extradition of Liechtenstein nationals. Once they have entered the territory of the Principality, they will be tried by the Liechtenstein authorities under Liechtenstein criminal law (paragraph 36 of the Penal Code) for offences committed abroad, whatever the laws of the country where the offence was committed. ‘Nationals’ within the meaning of the Convention are persons possessing Liechtenstein nationality.

Reservation contained in the instrument of accession, deposited on 28 October 1969:

The Principality of Liechtenstein reserves the right to apply Article 11 by analogy where the requesting State does not give the Liechtenstein authorities adequate assurances that it will not impose any penalty or measure contrary to Liechtenstein law or which offends against the principle of inviolability of the person in a way which is incompatible with Liechtenstein law.

Reservation contained in the instrument of accession, deposited on 28 October 1969:

The Principality of Liechtenstein reserves the right to refuse transit through its territory even where the offence with which the accused party is charged is covered by Article 5 of the Convention.

Declaration contained in the instrument of accession, deposited on 28 October 1969:

The Principality of Liechtenstein requires that requests and the documents to be produced which are written in a language other than German must be accompanied by a translation into that language.

Lithuania:

Reservation contained in the instrument of ratification deposited on 20 June 1995:

Extradition shall be granted only under the condition that any person suspected of having committed a crime will be not tried in a special court of the requesting Party.

Reservation contained in the instrument of ratification deposited on 20 June 1995:

The Republic of Lithuania reserves the right not to grant extradition if the said person, on the grounds of his/her health, age or personal motivation, would be adversely affected by this extradition.

Reservation contained in the instrument of ratification deposited on 20 June 1995:

The Republic of Lithuania reserves its right referred to in Article 3 of the Convention to decide in each particular case whether acts referred to in Article 3, paragraph 3, of the Convention are regarded as being a political offence.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

The term “nationals” means persons having Lithuanian nationality under the Law of the Lithuanian nationality (Citizenship Law). According to Article 6 of the Law on Lithuanian nationality (Citizenship Law), the Republic of Lithuania does not extradite its nationals to foreign countries. All requests for extradition of Lithuanian nationals shall be refused.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

Written requests for extradition can be exchanged between the Ministry of Justice or the Prosecutor General's Office of the requesting Party and the Lithuanian Ministry of Justice or Prosecutor General's Office. The use of diplomatic channels is not excluded.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

In no case shall the Republic of Lithuania grant transit in respect of Lithuanian nationals.

Declaration contained in the instrument of ratification deposited on 20 June 1995:

Requests for extradition (including documents in support of the request) have to be accompanied by proper translations in Lithuanian, English, French, Russian or German if these documents are not produced in one of these languages.

Luxembourg:

Reservation contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6.3.c. of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Government of the Grand Duchy of Luxembourg reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health.

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 16 November 1976, handed to the Secretary General at the time of deposit of the instrument of ratification, on 18 November 1976:

The Government of the Grand Duchy of Luxembourg will not grant extradition of its own nationals.

The Government of the Grand Duchy of Luxembourg will not grant transit of its own nationals.

The Government of the Grand Duchy of Luxembourg reserves the right not to grant extradition when, in accordance with Article 7(2), the requesting State would be authorised to refuse extradition in like cases.

The Government of the Grand Duchy of Luxembourg will not grant extradition if it is satisfied that final judgment for the offence for which extradition is requested has been passed on the person claimed by the competent authorities of a third State and, in the event of conviction for that offence, the convicted person is serving his sentence, has already served it or has been dispensed from serving it.

By reason of the special arrangements between the Benelux countries, the Government of the Grand Duchy of Luxembourg does not accept Article 28.1 and 2 in respect of its relations with the Netherlands and Belgium.

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

The Government of the Grand Duchy of Luxembourg declares that so far as the Grand Duchy of Luxembourg is concerned, “nationals” for the purposes of the Convention are to be understood as meaning persons of Luxembourg nationality as well as foreigners integrated into the Luxembourg community in so far as they can be prosecuted within Luxembourg for the act in respect of which extradition is requested.

The Government of the Grand Duchy of Luxembourg will not grant temporary extradition under Article 19.2 save of a person who is serving a sentence in its territory and if necessitated by special circumstances.

The Government of the Grand Duchy of Luxembourg reserves the right not to grant transit except on the same conditions on which it grants extradition.

Malta:

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to grant a request for the extradition of a person accused of an offence only where the court of committal is satisfied, after hearing any evidence tendered in support of the request for the return of that person or on behalf of that person, that the evidence would be sufficient to warrant his trial for that offence if it had been committed within the jurisdiction of the Courts of Criminal Justice of Malta. A person convicted of an offence in his absence shall be treated as a person accused of that offence.

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused.

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply the Convention in accordance with Section 20 of Chapter 276 of the laws of Malta (The Extradition Act, 1978) which section reads as follows:

“On an appeal made to the Court of Criminal Appeal or an application for redress to the Constitutional Court under Section 46 of the Constitution of Malta, either of the said Courts may, without prejudice to any other jurisdiction, order the person committed to be discharged from custody if it appears to such Court that,

(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(c) because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all circumstances, be unjust or oppressive to return him.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply paragraph 3 of this Article in accordance with Section 10(5) of the Extradition Act which reads as follows:

“For the purposes of this section, an offence against the life or person of a Head of State, or any related offence described in subsection (3) of Section 5 of this Act, shall not necessarily be deemed to be an offence of a political character.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply this Article in accordance with the rule of “Non bis in idem” as laid down in Section 527 of the Criminal Code (Chapter 9 of the Laws of Malta) which reads as follows:

“Where in a trial, judgement is given acquitting the person charged or accused, it shall not be lawful to subject such person to another trial for the same fact.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to apply the provisions set out in paragraphs 4 and 5 of this Article in accordance with Section 24 of the Extradition Act (Chapter 276 of the Laws of Malta) which reads as follows:

“(1) If any person committed to await his return is in custody in Malta under this Act after the expiration of the following period that is to say—

(a) in any case, the period of two months beginning with the first day on which, having regard to subsection (2) of Section 21 of this Act, he could have been returned;

(b) where a warrant for his return has been issued under Section 21 of this Act, the period of one month beginning with the day on which that warrant was issued—

he may apply to the Court of Criminal appeal, sitting as a court of appeal from judgments of the Court of Judicial Police, for his discharge.

(2) If upon any such application the court is satisfied that reasonable notice of the proposed application has been given to the Minister, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged from custody, and if a warrant for his return has been issued under the said section quash that warrant.”

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

Malta reserves the right to grant such transit under this Article only in so far as transit is permissible under its own laws.

Moldova:

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova will refuse to grant extradition in cases where the person claimed is to be tried on the territory of the requesting Party by a special court (set up for a specific case) or where extradition is requested in order to carry out a sentence or detention order handed down by such a court.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova reserves the right, where circumstances so dictate, to determine whether the taking or attempted taking of the life of a Head of State or a member of his or her family shall or shall not constitute a political offence.

Declaration contained in the instrument of ratification deposited on 2 October 1997:

By virtue of Article 17, paragraph 3 of the Constitution of the Republic of Moldova, the citizens of the Republic of Moldova may not be extradited or expelled from the country.

The term “nationals” within the meaning of Article 6, paragraph 1(b) covers all individuals having the nationality of the Republic of Moldova in conformity with its legislation.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova reserves the right not to grant extradition when, in accordance with Article 7, paragraph 2, the requesting Party would refuse extradition in similar cases.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova will not grant extradition if a final judgment has been passed by a third State upon the person claimed in respect of the offence or offences for which extradition is requested.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

In derogation of Article 9 (first sentence), the Republic of Moldova may grant extradition if the requesting State can show that new facts or evidence justify a reopening of the case.

Reservation contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova asks that any request addressed to it in pursuance of Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised in accordance with the present Convention.

Declaration contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova reserves the right to authorise transit only under the conditions provided for in respect of extradition.

Declaration contained in the instrument of ratification deposited on 2 October 1997:

The Republic of Moldova declares that requests for extradition and documents appended thereto must be in Moldovan or in one of the official languages of the Council of Europe, or translated into one of these languages.

Netherlands:

Declaration made at the time of signature, on 21 January 1965:

Having regard to the equality existing in public law between the Netherlands, Surinam [Note from the Secretariat: Surinam became independent on 25 November 1975] and the Netherlands Antilles, the term “metropolitan territories” used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as concerns the Kingdom, “European territory”.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6(3)c. of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government reserves the right not to grant extradition when, in accordance with Article 7(2), the requesting State would be authorised to refuse extradition in like cases.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

The Netherlands Government will not grant extradition if it is satisfied that final judgment for the offence for which extradition is requested has been passed on the person claimed by the competent authorities of a third State and, in the event of conviction for that offence, the convicted person is serving his sentence, has already served it or has been dispensed from serving it.

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

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

Reservation contained in the instrument of ratification, deposited on 14 February 1969:

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

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969:

The Netherlands Government will not grant transit of its own nationals. As regards the Netherlands, “nationals” for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested.

The Netherlands Government will not grant temporary extradition under Article 19(2) save of a person who is serving a sentence in its territory and if necessitated by special circumstances.

The Netherlands Government reserves the right not to grant transit except on the same conditions on which it grants extradition.

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986:

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration

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24 European Convention on Extradition

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Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 14 October 1987, registered at the Secretariat General on 15 October 1987:

The Government of the Kingdom of the Netherlands will not permit the transit of Netherlands nationals for the purposes of the enforcement of penalties or other measures.

The present declaration will enter into force on 1 January 1988.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 14 October 1987, registered at the Secretariat General on 15 October 1987:

The Government of the Kingdom of the Netherlands will not permit the extradition of Netherlands nationals for the purposes of the enforcement of penalties or other measures.

However, Netherlands nationals may be extradited for purposes of prosecution if the requesting State provides a guarantee that the person claimed may be returned to the Netherlands to serve his sentence there if, following his extradition, a custodial sentence other than a suspended sentence or a measure depriving him of his liberty is imposed upon him.

As regards the Kingdom of the Netherlands, “nationals” for the purpose of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Kingdom of the Netherlands for the act in respect of which extradition is requested.

The present declaration will enter into force on 1 January 1988.

Declaration contained in a Note Verbale from the Permanent Representation dated 4 October 1993 registered at the Secretariat General on 8 October 1993:

On 8 and 29 July 1993 the Governments of the Kingdom of the Netherlands and the Kingdom of Sweden exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 October 1993.

Declaration contained in a Note Verbale from the Permanent Representation dated 3 November 1993 registered at the Secretariat General on 10 November 1993:

On 30 June and 29 September 1993 the Governments of the Kingdom of the Netherlands and the Principality of Liechtenstein exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangements will enter into force on 1 December 1993.

Declaration contained in a Note Verbale from the Permanent Representation, dated 9 December 1993, registered at the Secretariat General on 14 December 1993:

On 20 and 28 October 1993 the Governments of the Kingdom of the Netherlands and Switzerland exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 January 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 9 December 1993, registered at the Secretariat General on 14 December 1993:

On 20 September and 22 November 1993 the Governments of the Kingdom of the Netherlands and the Grand-Duchy of Luxembourg exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 February 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 3 January 1994, registered at the Secretariat General on 4 January 1994:

On 30 July and 2 December 1993 the Governments of the Kingdom of the Netherlands and France exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 March 1994.

Declaration contained in a Note Verbale from the Permanent Representation dated 31 January 1994, registered at the Secretariat General on 2 February 1994:

On 8 June and 21 December 1993 the Governments of the Kingdom of the Netherlands and Italy exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 30 December 1993.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 March 1994, registered at the Secretariat General on 11 March 1994:

On 19 January and 3 February 1994 the Governments of the Kingdom of the Netherlands and of Turkey exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba.

The arrangement will enter into force on 1 May 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 March 1994, registered at the Secretariat General on 11 March 1994:

On 20 January and 4 February 1994 the Government of the Kingdom of the Netherlands and the Government of Denmark exchanged Notes constituting an arrangement as provided for in article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba.

The arrangement will enter into force on 1 May 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 18 May 1994, registered at the Secretariat General on 20 May 1994:

On 26 January and 18 February 1994 the Governments of the Kingdom of the Netherlands and of Norway exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 May 1994.

Declaration contained in a Note Verbale from the Permanent Representation, dated 18 May 1994, registered at the Secretariat General on 20 May 1994:

On 3 August 1993 and 3 March 1994 the Governments of the Kingdom of the Netherlands and of Cyprus exchanged Notes constituting an arrangement as provided for in Article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 May 1994.

This arrangement will enter into force on 1 June 1994.

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 12 December 1994, registered at the Secretariat General on 15 December 1994:

For the sake of clearness, the following clause is added to the declaration made on 15 October 1987:

(... is requested) and in so far as such foreigners are not expected to lose their right of residence in the Kingdom as a result of the imposition of a penalty or measure subsequent to their extradition.

Note from the Secretariat: the declaration relating to Article 6 reads as follows:

The Netherlands Government will not grant extradition of its own nationals. As regards the Netherlands, “nationals” for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested and in so far as such foreigners are not expected to lose their right of residence in the Kingdom as a result of the imposition of a penalty or measure subsequent to their extradition.