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

Declaration contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant extradition in respect of Portuguese nationals.

Reservation contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall not grant extradition for offences punishable by the death penalty under the law of the requesting state.

Declaration contained in a letter from the Permanent Representative of Portugal, dated 12 February 1990, registered at the Secretary General on 13 February 1990:

Portugal shall authorise transit through its national territory only in respect of persons whose circumstances are such that their extradition may be granted.

Romania:

Declaration contained in the instrument of ratification, deposited on 10 September 1997:

Concerning Article 6, paragraph 1.a: Romania will not extradite its citizens and persons to whom asylum has been granted in Romania.

Concerning Article 6, paragraph 1.b: the term “nationals”, in the sense of this Convention, designates Romanian citizens or persons to whom asylum has been granted in Romania.

Reservation contained in the instrument of ratification, deposited on 10 September 1997:

Concerning Article 21, paragraph 5: Request for transit through Romania's territory of a Romanian citizen or a person to whom asylum has been granted in Romania will be refused.

Reservation contained in the instrument of ratification, deposited on 10 September 1997:

Concerning Article 2, paragraph 1: Romania will request and grant extradition:

— for the prosecution of judgment solely of acts the performance of which results, under the laws of the requesting Party and of the requested Party, in a deprivation of liberty exceeding two years or in a more severe penalty;

— for the enforcement of a sentence only if the deprivation of liberty exceeds one year or is more severe.

Russia:

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right to refuse extradition if extradition is requested with a view to bringing to a special court or within simplified proceedings or executing the sentence passed by a special court or within simplified proceedings when there are grounds to believe that during such proceedings a person was not or will not be provided with minimum guarantees stipulated in Article 14 of the International Covenant on Civil and Political Rights. At the same time, the terms “special court” and “simplified proceedings” do not include any international criminal court whose jurisdiction powers and competence are recognized by the Russian Federation.

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right to refuse extradition if there are serious grounds to believe that the person whose extradition is requested was or will be subjected in the requesting State to torture or cruel, inhuman or degrading treatment or punishment or if that person did not or will not receive the minimum guarantees provided for in Article 14 of the International Covenant on Civil and Political Rights.

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right to refuse extradition on humanitarian grounds when there are reasons to believe that the extradition may have serious complications for the person to be extradited because of his advanced age or state of health.

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation reserves the right not to extradite a person whose extradition may damage its sovereignty, security, public order or other interests of major importance. Non-extraditable offences are determined by the federal law of the Russian Federation.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation proceeds from the fact that the provisions of Article 3 of the Convention should be applied in such a manner as to ensure that the responsibility for committed crimes covered by the Convention, is inevitable.

As regards “political offences” such an offence does not exist in the Russian legal system. In any case the Russian Federation in taking decisions on extradition will not, in particular, consider as “political offence” or “offences connected with a political offence”, together with the offences stipulated in the 1975 Additional Protocol to the 1957 Convention on Extradition, the following acts or omissions:

as well as other offences stipulated in multilateral international treaties.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

According to the first paragraph of Article 61 of the Constitution of the Russian Federation, no citizen of the Russian Federation shall be extradited to another State.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation shall bear no liability for the claims for compensation of material and moral damages resulting from the execution within the Russian Federation of provisional arrest of a person in accordance with the Article 16.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

The Russian Federation shall bear no liability for the claims for compensation of material and moral damages resulting from postponement or refusal to surrender persons in relation to whom a decision to extradite was taken.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

Transit of a person to be extradited through the territory of the Russian Federation shall be authorized on the same conditions as those on which extradition is granted.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

It is required that the documents on extradition to be sent to the Russian Federation be accompanied by a certified translation into Russian language or into English or French languages.

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996:

With regard to the reservation of Portugal:

The Russian Federation shares the opinion, expressed in the declarations of the Government of Federal Republic of Germany dated 4 February 1991, Austria dated 4 June 1991 and Switzerland dated 21 August 1991, with respect to the reservation, made by Portugal on 12 February 1990 with regard to Article 1 of the Convention.

The reservation made by Portugal to Article 1 of the Convention is in compliance with the object and purpose of the Convention only if a refusal to extradite persons who committed offences punishable by a life-long sentence or detention order is far from being of an absolute nature. It will allow to interpret the mentioned reservation in such a manner that extradition shall only then not be granted if the legislation of the requesting Party does not allow a review by court of cases of those persons, that were sentenced to life-long imprisonment and served a certain part of this term or spent a part of time in detention, with respect of their probation.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation shares the opinions expressed by the Government of the Federal Republic of Germany in its declaration of February 4, 1991, by the Government of the Republic of Austria — in its declaration of June 4, 1991 and by the Government of the Swiss Confederation — in its declaration of August 21, 1991, concerning the reservation by Portugal of February 12, 1990 to Article 1 of the Convention.

The Portuguese reservation to Article 1 of the Convention is compatible with the objective and purpose of the Convention unless the refusal to extradite a person who has committed the offence punishable by life imprisonment or whom the court has committed to custody as a preventive punishment is absolute. This allows to interpret the above-mentioned reservation in a manner that extradition will not be granted unless the law of the requesting State provides for the possibility to review the case of a person sentenced to life imprisonment who has served a part of his term or has been held in custody for some time, with a view to release him on parole.

Reservation contained in the instrument of ratification deposited on 10 December 1999:

In accordance with Article 1 of the Convention the Russian Federation shall reserve the right to refuse extradition:

a. it extradition is requested for the purpose of bringing to responsibility before an ad hoc tribunal or by summary proceedings or for the purposes of carrying out a sentence rendered by an ad hoc tribunal or by summary proceedings when there are grounds for supposing that in the course of these proceedings the person will not be or was not provided with minimum guarantees set forth in Article 14 of the International Covenant on Civil and Political Rights and Articles 2, 3 and 4 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The terms <> and <

> do not include any international criminal court with authorities and jurisdiction recognised by the Russian Federation;

b. if there are grounds for supposing that the person requested for extradition in the requesting State was or will be exposed to torture or other cruel, inhuman or degrading treatment or punishment in the course of the criminal proceedings, or the person was not or will not be provided with minimum guarantees set forth in Article 14 of the International Covenant on Civil and Political Rights and Articles 2, 3 and 4 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms;

c. based on the considerations of humanity, when there are grounds for supposing that the extradition of the person can seriously affect him due to his old age or state of health.

Reservation contained in the instrument of ratification deposited on 10 December 1999:

In accordance with paragraphs 3 and 4 of Article 2 of the Convention, the Russian Federation shall reserve the right not to extradite the persons whose extradition can affect its sovereignty, security, public order or other essential interests. Offences that may not lead to extradition shall be stated by the federal law.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation shall not be liable for claims for property and/or moral damage caused by the temporary arrest of the person in the Russian Federation in accordance with Article 16 of the Convention.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

In accordance with paragraphs 4 and 5 of Article 18 of the Convention the Russian Federation shall not be liable for claims for property and/or moral damage caused by the delay or cancellation of the surrender of persons to be extradited.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation declares that in accordance with Article 23 of the Convention when producing the documents relating to extradition to the Russian Federation, their authenticated translation into the Russian language is required.

Reservation contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation proceeds from the understanding that the provisions of Article 3 of the Convention should be so applied as to ensure inevitable responsibility for offences under the provisions of the Convention.

The Russian Federation proceeds from the understanding that legislation of the Russian Federation does not provide for the notion <>. In all cases when deciding on extradition the Russian Federation will not consider as <> or <> along with offences, specified in Article 1 of the 1975 Additional Protocol to the 1957 European Convention on Extradition, in particular, the following acts:

a. the crimes against humanity specified in Articles II and III of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) and in Articles 1 and 4 of Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984);

b. the crimes specified in Article 85 of Additional Protocol I to the Geneva Conventions of August 12, 1949 relating to the Protection of Victims of International Armed Conflicts (1977), and in articles 1 and 4 of Additional Protocol II to the Geneva Conventions of August 12, 1949 relating to the Protection of Victims of Non-International Armed Conflicts (1977);

c. the offences specified in the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971) and the Protocol for the Suppression of Unlawful Acts of Violence in Airports Serving International Civil Aviation (1988) supplementary to the above-mentioned 1971 Convention;

d. the crimes specified in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973);

e. the crimes specified in the International Convention Against the Taking of Hostages (1979);

f. the offences specified in the Convention for Physical Protection of Nuclear Materials (1980);

g. the offences specified in the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988);

h. other comparable crimes specified in the multilateral international treaties which the Russian Federation is a party to.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

With respect to sub-paragraph “a” of paragraph 1 of Article 6 of the Convention the Russian Federation declares that in accordance with Article 61 (part I) of the Constitution of the Russian Federation a citizen of the Russian Federation may not be extradited to another State.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Russian Federation declares that in accordance with Article 21 of the Convention transit of an extradited person through the territory of the Russian Federation is allowed subject to the observance of the terms of extradition.

Declaration contained in the instrument of ratification deposited on 10 December 1999:

The Prosecutor-General's Office shall be a body appointed by the Russian Federation to hear extradition cases.

A decision of the competent authorities of the Russian Federation on extradition may be appealed by a person against whom a decision on extradition has been rendered, in the court of law in accordance with the legislation of the Russian Federation.

Slovakia:

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 Slovak Republic dated 6 April 1994, registered at the Secretariat General on 28 April 1994:

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.

Declaration contained in a letter from the Permanent Representative of Slovakia, dated 3 May 2000, registered at the Secretariat General on 4 May 2000:

The Slovak Republic invites the other Contracting Parties to present their requests and supporting documents which are not drawn up in either Slovak or one of the official languages of the Council of Europe with a translation into one of these languages.

Spain:

Reservation contained in the instrument of ratification, deposited on 7 May 1982:

The person claimed may not be brought to trial before a special court in the territory of the requesting State. Extradition shall not be granted for this purpose nor for the enforcement of a sentence or detention order imposed by courts of this nature.

Reservation contained in the instrument of ratification, deposited on 7 May 1982:

Spain will not grant extradition if liability to criminal prosecution has lapsed for any cause for which provision is made in the legislation of the requesting Party or the requested Party.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Spain will grant transit only on the conditions specified for extradition in the present Convention.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Spain will require the requesting Party to supply a translation into Spanish, French or English of the request for extradition and the accompanying documents.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Spain will apply the rule of reciprocity in respect of offences excluded from the application of the present Convention by virtue of Article 2 thereof.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

For the purposes of extradition, apart from the offences mentioned in Article 3(3) of the Convention, acts of terrorism will not be deemed to be political offences.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

For the purposes of the present Convention, Spain will consider as nationals the persons entitled to that quality by virtue of the provisions of Title I of Book I of the Spanish Civil Code.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

Final judgment shall be deemed to have been passed on a person when the judicial decision in question is no longer subject to any ordinary appeal either because all remedies have been exhausted, or because the decision has been accepted, or on account of its specific nature.

Declaration contained in the instrument of ratification, deposited on 7 May 1982:

If the offence for which extradition is requested is punishable by death under the law of the requesting Party, Spain will refuse extradition unless the requesting Party gives such guarantees as the requested Party considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.

Sweden:

Declaration contained in the instrument of ratification, deposited on 22 January 1959:

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

Declaration contained in the instrument of ratification, deposited on 22 January 1959:

The transit requested will only be granted on the same conditions as extradition is granted, allowance being made for individual circumstances.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Sweden reserves the right, when granting extradition, to stipulate that the extradited person may not be summoned to appear before a court which is only provisionally, or under exceptional circumstances, empowered 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 22 January 1959:

Sweden reserves the right to refuse extradition in special cases, if that measure is manifestly incompatible with its humanitarian obligations, on account of the age, the 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.

Reservation contained in a letter from the Ministry for Foreign Affairs, dated 14 April 1967, registered at the Secretariat General on 21 April 1967:

The reservation on Article 2 reads as follows:

The extradition of an individual on whom final judgment has not yet been passed for the offence in respect of which extradition is requested shall be granted only if the said offence corresponds to an offence which is punishable under Swedish law by a sentence of imprisonment for more than one year.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

The extradition of an individual on whom final judgment has not yet been passed for the offence in respect of which extradition is requested shall be granted only if the said offence corresponds to an offence which is punishable under Swedish law by a sentence of hard labour.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Sweden reserves the right, in the light of individual circumstances, to regard the offence mentioned in paragraph 3 of this Article as a political offence.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Where an offence under military law also comprises an offence in respect of which extradition has been granted, Sweden reserves the right to stipulate that the extradited person may not be penalised in application of provisions relating to offences committed by members of the armed services.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

Even though the sentence rendered or the warrant of arrest issued by a court or a judge in a State which is a Party to the Convention are generally accepted, Sweden reserves the right to refuse the extradition requested if an examination of the case in question shows that the said sentence or warrant is manifestly ill-founded.

Reservation contained in the instrument of ratification, deposited on 22 January 1959:

If the individual whose extradition has been granted has not been taken over on the date appointed by the representing State, Sweden reserves the right immediately to annul the measure of restraint imposed upon him.

Switzerland:

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that extradition by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (tribunal d'exception). It therefore reserves the right to refuse extradition:

a. if there is a possibility that the person claimed, if extradited, will be brought before an extraordinary court (tribunal d'exception) and if the requesting State does not give assurances deemed sufficient, that the judgement will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;

b. if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (tribunal d'exception).

Reservation contained in the instrument of ratification, deposited on 20 December 1966 — and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

Having regard to the requirements of Swiss law on extradition, Switzerland reserves the right to refuse extradition if the offence alleged against the person claimed does not combine the constituent elements of one of the offences set out in the list deposited with the Secretariat of the Council of Europe as an annex to this declaration.

List of extraditable offences under Swiss law

(Annex to the reservation on Article 2, paragraph 1, of the European Convention on Extradition)

Section 3 of the Federal Act of 22 January 1892 on extradition to foreign States provides that persons who have committed, attempted to commit or been accomplices to any of the acts mentioned below, may be extradited, provided that the act in question is an offence under general criminal law and is punishable both under the law of the place of refuge and under the law of the requesting State.

I. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against persons

II. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the freedom of persons and family rights.

8.

9.

10.

11.

III. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against morals.

12.

13.

14.

15.

16.

17.

18.

IV. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against property.

19.

20.

21.

22.

V. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against faith (foi publique).

23.

24.

25.

26.

VI. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] constituting a public danger.

27.

28.

29.

30.

31.

31bis. Wilful infringement of the regulations on narcotics, insofar as such infringement is punishable by imprisonment.

VII. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the administration of justice.

32.

33.

34.

VIII. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] relating to the exercise of official duties.

35.

36.

37.

Section 154 of the Federal Act of 23 September 1953 on shipping under the Swiss flag provides that offences punishable under the Act by imprisonment for one year or by a more severe sentence are extraditable within the meaning of Swiss legislation on extradition to foreign States. The offences in question are:

— intentional or negligent endangering of vessel (Section 128);

— intentional or negligent endangering of shipping (Section 129);

— putting to sea of an unseaworthy vessel (Section 131);

— failure to give assistance (Section 133(1));

— abandonment of ship in peril (Section 134);

— failure to exercise command (Section 135(1));

— abuse of authority and unauthorised assumption of authority (Section 136(1));

— drunkenness (Section 139(1));

— disobedience (Section 140(3));

— unauthorised taking on board of persons and objects (Section 141(1));

— endangering of shipowner or master through smuggling (Section 142(1) and (3));

— misuse of flag (Section 143(1));

— fraud in registration (Section 144(1));

— unlawful removal of a vessel held by the authorities, infringement of a regulation of the authorities (Section 145);

— improper transfer (Section 146).

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

The reservation on Article 2, paragraph 2 read as follows:

The Federal Council declares that if extradition is or has been granted in respect of an offence which is extraditable under Swiss law, Switzerland may extend the effects thereof to any other offence punishable under Swiss ordinary law.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that, notwithstanding the reservation made in respect of Article 2, paragraph 1, Switzerland may, when extradition is or has been granted for a crime (crime) or a correctional offence (délit) which is extraditable under Swiss law, extend the effects thereof to any other offence punishable under Swiss law.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Notwithstanding Article 3, paragraph 3, of the Convention, Switzerland reserves the right to refuse extradition on the basis of Article 3, paragraph 1 when it is requested for the taking or attempted taking of the life of a Head of State or a member of his family.

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

The reservation on Article 6 read as follows:

The Federal Council declares that Swiss law allows Swiss nationals to be extradited only on the conditions specified in Article 7 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters. Provided that the statutory requirements are satisfied, offences committed outside Switzerland which are punishable under Swiss law as felonies (“crimes”) or misdemeanours (“délits”) may be prosecuted and tried by the Swiss authorities in the following cases: — where they were committed against Swiss nationals (Article 5 of the Swiss Criminal Code of 21 December 1937); — where they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Criminal Code); — where they were committed on board a Swiss ship or Swiss aircraft (Article 4 of the Federal Act of 23 September 1953 on Shipping under the Swiss flag; Article 97 of the Federal Act of 21 December 1948 on Air Navigation); — where the special statutory provisions so stipulate in respect of certain offences (Articles 202 and 240 of the Swiss Criminal Code; Article 19 of the Federal Act of 3 October 1951 on Narcotics; Article 101 of the Federal Act of 19 December 1958 on Road Traffic; Article 16 of the Federal Act of 14 March 1958 on the Liability of the Confederation, Members of its Authorities and its Civil Servants; Article 12 of the Federal Act of 26 September 1958 on the Export Risk Guarantee).

In accordance with the Act of 20 March 1981 on International Mutual Assistance in Criminal Matters, other offences committed abroad by a Swiss national may be prosecuted in Switzerland at the request of the State in which they were committed in cases where the person concerned is in Switzerland and is answerable there for offences of a more serious kind and where, if he is acquitted or punished in Switzerland, he is not liable to be prosecuted again for the same act in the requesting State.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that Swiss law does not permit extradition of Swiss nationals. Provided that the statutory requirements are satisfied, the Swiss authorities may take proceedings and pass sentences in respect of offences committed outside Switzerland which are punishable under Swiss law as crimes (crimes) or correctional offences (délits): — if they were committed against Swiss nationals (Article 5 of the Swiss Penal Code); — if they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Penal Code; Section 16 of the Federal Act of 14 March 1958 on the responsibility of the Confederation, the members of its authorities and its officials); — if they were committed on board a Swiss ship or a Swiss aircraft (Section 4 of the Federal Act of 23 September 1953 on shipping under the Swiss flag; Section 97 of the Federal Act of 21 December 1948 on air navigation).

Reservation contained in the instrument of ratification, deposited on 20 December 1966 — and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983:

The Swiss Federal Council declares that, under present Swiss legislation, extradition can be granted for an offence committed in Swiss territory or in a place treated as that territory only in application of Article 2, paragraph 2, that is, where the person claimed is in any event being extradited to the requesting State in respect of other offences not subject to Swiss jurisdiction and it is condidered desirable, particularly in the interests of his social rehabilitation, that all the offences of which he is accused be dealt with at the same proceedings.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right to refuse extradition, in derogation of Article 9, if the decisions motivating the refusal of extradition in accordance with that Article have been rendered in a third State in whose territory the offence was committed.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right to grant extradition, notwithstanding the first sentence of Article 9, if it has granted extradition for other offences and the requesting State has shown that new facts or evidence which have come to its knowledge justify a review of the decision motivating the refusal for extradition in accordance with this Article, or if the person sought has not served all or part of the punishment imposed on him by that decision.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right to apply Article 11, mutatis mutandis, also in cases where the law of the requesting State provides that the person claimed may, in respect of the offence for which extradition is requested, be sentenced to corporal punishment or be subjected to such treatment against his will.

Declaration contained in the instrument of ratification, deposited on 20 December 1966:

The Swiss Federal Council declares that the Swiss authorities regard discharge as final within the meaning of Article 14 if it enables the person extradited to move about freely without breaking the rules of behaviour and other conditions laid down by the proper authority. For the Swiss authorities, an extradited person is in all cases deemed to be able to leave the territory of a State within the meaning of this Article if he is not in fact prevented from leaving by a disease or some other actual restriction of his freedom of movement.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland asks that any request addressed to it in accordance with 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 with reference to the law of extradition.

Reservation contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland reserves the right not to authorise transit in cases where the offence alleged against the person claimed comes within the provisions of Article 5 of the Convention or constitutes an infringement of commodity trade, restrictions of market regulations.

Declaration contained in the instrument of ratification, deposited on 20 December 1966:

Switzerland asks that requests in connection with extradition addressed to its authorities, and documents annexed thereto, be accompanied by a translation into French, German or Italian if they are not written in one of these languages.

Declaration contained in a letter from the Permanent Representative dated 21 August 1991, registered at the Secretariat General on 22 August 1991:

With reference to the reservation made by Portugal concerning Article 1(c) of the European Convention on extradition, I have the honour to inform you that my Government supports the declaration sent to you on this question by the German Government on 4 February 1991, and the declaration sent to you on 4 June 1991 by the Austrian Government in support of the German position.

In fact, the reservation in question is compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long prison sentence or detention order is not absolute. My Government also takes the reservation to mean that extradition will be refused only when there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain part of his 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.

The former Yugoslav Republic of Macedonia:

Declaration contained in the instrument of ratification deposited on 28 July 1999:

Taking into account Article 4 of the Constitution of the Republic of Macedonia, which does not allow the extradition of the citizens of the Republic of Macedonia, the provisions of this Convention shall only apply to the persons which are not citizens of the Republic of Macedonia.

Reservation contained in the instrument of ratification deposited on 28 July 1999:

The Republic of Macedonia shall not agree to surrender the person claimed, if this person is charged by an extraordinary court, or in cases where the surrender is requested for the purposes of executing a sentence, safety measure or correctional measure that was passed by such a court.

Reservation contained in the instrument of ratification deposited on 28 July 1999:

Even in the cases where the final sentence or the arrest warrant are passed by the competent authorities in a country which is Party to this Convention, the Republic of Macedonia reserves the right to refuse the requested surrender, if an examination of the case in question shows that the said sentence or arrest warrant are manifestly ill-founded.

Reservation contained in the instrument of ratification deposited on 28 July 1999:

In the event that the person claimed has not been taken over by the requesting Party, on the appointed date, the Republic of Macedonia reserves the right to annul the measure of restraint imposed on that person.

Turkey:

Reservation contained in a letter from the Ministry of Foreign Affairs, dated 30 November 1957, handed to the Secretary General at the time of signature, on 13 December 1957:

The assurance mentioned in Article 11 will be limited to the following procedure:

In the event of extradition to Turkey of an individual under sentence of death or accused of an offence punishable by death, any requested Party whose law does not provide for capital punishment shall be authorised to transmit a request for commutation of death sentence to life imprisonment. Such request shall be transmitted by the Turkish Government to the Grand National Assembly, which is the final instance for confirming a death sentence, insofar as the Assembly has not already pronounced on the matter.

Declaration contained in a letter from the Permanent Representative of Turkey, dated 15 June 1994, registered at the Secretariat General, on 21 June 1994:

Concerning the reservations and declarations formulated by Poland at the time of ratification of the European Convention on Extradition, the Turkish Government shares the interpretation made by the Federal Republic of Germany and Austria, registered respectively on 13 October 1993 and 11 January 1994.

The Turkish Government considers that Poland's declaration concerning Article 6, paragraph 1.b, which assimilates persons who have been granted asylum in Poland to Polish nationals, is compatible with the aim and purpose of the Convention only if it does not apply to cases of extradition of the said persons to a third State other than that in respect of which asylum has been granted.

Ukraine:

Reservation contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine reserves the right to refuse extradition if the person whose extradition is requested cannot, on account of his/her state of health, be extradited without damage to his/her health.

Reservation contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine shall grant extradition only for offences which are punishable by imprisonment for a maximum period of not less than one year or by a more severe penalty.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

The extradition in respect of general criminal offences which are also military offences may only be granted provided that the person whose extradition is requested will not be subject to criminal prosecution in accordance with martial law.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine will not extradite citizens of Ukraine to another State. For the purposes of this Convention, any person is considered to be a citizen of Ukraine who, in accordance with the laws of Ukraine at the time when the decision to extradite is taken, is a citizen of Ukraine.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

Ukraine shall allow transit through its territory of persons who are extradited on the same conditions as those on which extradition is granted.

Declaration contained in the instrument of ratification, deposited on 11 March 1998:

Requests for extradition and documents appended thereto shall be sent to Ukraine together with a translation into Ukrainian or into one of the official languages of the Council of Europe unless they are drawn up in those languages.

Declaration contained in a letter from the Permanent Representative, dated 31 January 2000, registered at the Secretariat General on 1 February 2000:

The Ministry of Justice of Ukraine (in case of requests by courts) and the Prosecutor-General's Office of Ukraine (in case of requests by bodies of pre-trial investigation) shall be the authorities to which reference is made in article 12, paragraph 1 of the Convention, as amended by the Second Additional Protocol.

United Kingdom:

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse to grant extradition which is requested pursuant to or for the purpose of executing a conviction or sentence pronounced against the person concerned in his absence from proceedings in respect of which the conviction or sentence was pronounced.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom may decide to grant extradition in respect of any offences which under the law of the requesting State and the law of the United Kingdom are punishable by a sentence of imprisonment for a term of 12 months or any greater punishment, whether or not such a sentence has in fact been imposed.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence or each of the offences in respect of which a person's return is sought that by reason of its trivial nature, or because the accusation is not made in good faith in the interests of justice, it would in all the circumstances be unjust or oppressive to return him.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to apply the provisions of Article 3 paragraph 3 only in respect of States parties to the European Convention on the Suppression of Terrorism.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom may refuse to extradite a person if the authorities in any part of the United Kingdom, the Channel Islands or the Isle of Man have instituted or are about to institute criminal or other proceedings against that person, whether or not those proceedings are in respect of the offence or offences for which extradition is requested.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse to grant extradition of a person accused of an offence, if it appears that that person would if charged with that offence in the United Kingdom be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence, or each of the offences, in respect of which the person's return is sought that 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, it would, having regard to all the circumstances, be unjust or oppressive to return him.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990 — and partially withdrawn by letter from the Permanent Representative dated 18 June 1991, registered at the Secretariat General on 21 June 1991:

Reservation relating to Article 12 reads as follows:

a. if they purport to be signed by a judge, magistrate or officer of the State where they were issued; and

b. if they purport to be certified by being sealed with the official seal of the Minister of Justice, or some other Minister of State, of that State.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom reserves the right in any case to refuse to consent to a person who has been extradited being proceeded against, sentenced or detained with a view to carrying out the sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited or to his being for any other reason restricted in his personal freedom.

Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom cannot accept the application of Article 21.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The documents to be produced shall be in English or accompanied by a translation into English.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

This Convention shall apply to the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man. The United Kingdom reserves the right to notify the Secretary General of the application of the Convention to any territory for the international relations of which the United Kingdom is responsible.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The Convention supersedes the provisions of bilateral treaties between the United Kingdom and other Contracting Parties only to the extent that the Convention applies, by or under Article 27, to the United Kingdom, the Contracting Parties, and any territories for whose international relations the United Kingdom or Contracting Parties are responsible.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The Convention shall not apply between the United Kingdom and any Contracting Party when laws are in force in the United Kingdom and in that Contracting Party providing for the execution in the territory of each of them of warrants issued in the territory of the other.

Declaration contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990:

The United Kingdom, in giving effect to this Convention, will have regard to its human rights obligations under the European Convention on Human Rights.

First Schedule: Part IV

Terms of Agreement between the State and Kingdom of the Netherlands regarding Dutch Overseas Territories

The Department of Foreign Affairs presents its compliments to the Royal Netherlands Embassy and has the honor to refer to the Embassy's Note No. DUB/851 dated the 27 July 1995, which reads as follows:

“The Royal Netherlands Embassy presents its compliments to the Department of Foreign Affairs of Ireland and has the honour to propose that the application of the European Convention on Extradition of 13 December 1957, in accordance with Article 27, paragraph 4, be extended to the Netherlands Antilles and Aruba, that the declarations and reservations that apply in relations between the Kingdom of the Netherlands, in respect of the Kingdom in Europe, and Ireland shall also apply in relation between Ireland and the Kingdom of the Netherlands in respect of the Netherlands Antilles and Aruba, and that the declaration concerning articles 6 and 21 as made by the Kingdom of the Netherlands upon ratification of the Convention on 14 February 1969 and as amended on 14 October 1987 shall apply to the Netherlands Antilles and Aruba respectively, with regard to the extradition of Netherlands nationals, only when the European Convention on the transfer of sentenced persons, concluded in Strasbourg on 21 March 1993, becomes applicable to the Netherlands Antilles and Aruba respectively.

If this proposal is acceptable to the Government of Ireland, the Embassy has the honour further to propose that this note and the Department's affirmative reply, shall constitute an arrangement as provided for in article 27, paragraph 4, of the Convention, which shall enter into force on the first day of the third month following the date on which the Embassy receives the Department's reply.

The Royal Netherlands Embassy avails itself of this opportunity to renew to the Department of Foreign Affairs the assurances of its highest consideration.”

The Department has the honour to confirm, on behalf of the Government of Ireland, that the proposals contained in the Embassy's letter are acceptable and that the Embassy's Note and this reply shall constitute an arrangement between Ireland and the Kingdom of the Netherlands as provided for in Article 27, paragraph 4 of the European Convention on Extradition of 13 December 1957, which shall enter into force on the first day of the third month following the date on which the Embassy receives the Department's reply, that is, the date of this Note.

The Department of Foreign Affairs avails itself of this opportunity to renew to the Royal Netherlands Embassy the assurances of its highest consideration.

4 December, 2000

Second Schedule: Part I

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

SIGNED AT THE HAGUE, ON 16 DECEMBER 1970 (THE HAGUE CONVENTION 1970)

THE STATES PARTIES to this Convention

CONSIDERING that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

CONSIDERING that the occurrence of such acts is a matter of grave concern;

CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

HAVE AGREED AS FOLLOWS:

Article 1

Any person who on board an aircraft in flight:

a. unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or

b. is an accomplice of a person who performs or attempts to perform any such act commits an offence (hereinafter referred to as “the offence”).

Article 2

Each Contracting State undertakes to make the offence punishable by severe penalties.

Article 3

Article 4

a. when the offence is committed on board an aircraft registered in that State;

b. when the aircraft on board which the offence is committed lands in its territory with the alleged offender still onboard;

c. when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

Article 5

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 6

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

Article 9

Article 10

Article 11

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning:

a. the circumstances of the offence;

b. the action taken pursuant to Article 9;

c. the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 12

Article 13