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S.I. No. 374/2005 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2005

Type Statutory Instrument
Publication 2005-07-14
Last updated 2019-08-02
State Repealed superseded text
Text As published
Source Irish Statute Book
articles 100

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.

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

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“Cyprus

7 December 2004

Objection

With regard to the declarations made by Turkey upon ratification:

The Government of the Republic of Cyprus has examined the declarations made by the Republic of Turkey upon ratification of the Convention on the Safety of the United Nations and Associated Personnel.

The Republic of Turkey declares that it will implement the provisions of the Convention only to the States with which it has diplomatic relations.

In view of the Government of the Republic of Cyprus this declaration in fact amounts to a reservation. The reservation makes it unclear to what extent the Republic of Turkey considers itself bound by the obligations arising from the Convention. In the absence of further clarification, this reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Convention, and raises doubt as to the commitment of the Republic of Turkey to the object and purpose of the Convention.

The Republic of Turkey furthermore declares that the Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.

In the view of the Republic of Cyprus, this declaration in fact amounts to a reservation. This reservation is contrary to the letter and the spirit of Article 10 of the Convention. It should be recalled that the duty to establish jurisdiction over the crimes set out in the Convention is mandatory upon States Parties when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State and when the alleged offender is a national of that State. A limitation to the national territory is contrary to the obligations of States Parties in this regard and therefore incompatible with the object and purpose of the Convention.

The Republic of Turkey also makes a reservation that in connection with Article 20 paragraph 1 of the Convention, concerning the applicability of international humanitarian law, the Republic of Turkey is not a party to the Protocols I and II, dated 8 June 1977 Additional to the Geneva Convention of 12 August 1949, and therefore will not be bound by the provisions of the said Protocols.

The Republic of Cyprus considers this reservation to be contrary to the letter and spirit of Article 20 (1) of the Convention, which states that nothing shall affect the applicability of international humanitarian law as contained in international instruments in relation to the protection of United Nations operations and United Nations and Associated Personnel. Accordingly, this reservation is prohibited by the Convention.

For these reasons, the Government of the Republic of Cyprus objects to the aforesaid reservations made by the Republic of Turkey to the Convention on the Safety of the United Nations and Associated Personnel.

This objection shall not preclude the entry into force of the Convention between the Republic of Cyprus and the Republic of Turkey. The Convention, therefore, enters into force between the two States without the Republic of Turkey benefiting from these reservations

Kuwait

19 July 2004

Reservation in respect of article 22 (1), in accordance with article 22 (2) of the Convention.”

PART G

“Serbia and Montenegro

Declaration contained in a Note verbale from the Permanent Representation of Serbia and Montenegro, dated 1 July 2004, registered at the Secretariat General on 5 July 2004

In accordance with Article 29 of the Convention, the following institutions have been designated as central authorities of Serbia and Montenegro responsible for sending and answering requests made under Chapter IV of the Convention, the execution of such requests or transmission of them to the authorities competent for the execution :

Ministry of Justice of the Republic of Serbia

Nemanjina 22-26

11 000 Belgrade

Ministry of Internal Affairs of the Republic of Serbia

Department against Organised Crime

Finance Intelligence Unit

Section for the Suppression of Corruption

Kneza Milosa 101

11 000 Belgrade

Agency for Anti-corruption Initiative of the Republic of Montenegro

Trg Vektra bb 81 000 Podgorica

Besides the above-mentioned institutions, the central authority in Serbia and Montenegro in the sense of Article 26 of the Convention is also :

Ministry for Human and Minority Rights of Serbia and Montenegro

Bulevar Mihaila Pupina 2

11 070 New Belgrade

The afore-mentioned Ministry for Human and Minority Rights of Serbia and Montenegro is the only central authority in Serbia and Montenegro responsible for requests made with respect to the matter of extradition, dealt with in Article 27 of the Convention.

Latvia

Renewal of reservation contained in a Note verbale from the Permanent Representation of Latvia, dated 30 December 2004, registered at the Secretariat General on 19 January 2005

With due regard to well-established principles of international law, especially in the field of extradition, the Republic of Latvia declares that it renews its reservation for the period set out in paragraph 1 of Article 38 of the Convention.

The Republic of Latvia considers that the issue of mutual legal assistance, beyond all doubts, constitutes one of the fundamental elements of suppression of all forms of crimes inter alia, corruption. Nevertheless, the Republic of Latvia would like to stress, that in accordance with the principles of its legal order, observation of human rights and rule of law is the core element for providing mutual legal assistance to other States

If there is sufficient ground to believe that the offence which the request for mutual legal assistance refers to could be considered a political offence, the nationals authorities in charge are under an obligation to review the aforementioned request in the light of safeguards provided to any person in accordance with human rights.

Furthermore, the Republic of Latvia would like to emphasize that it has made similar reservations to all international instruments in the penal field, if this instrument contains clauses for extradition or mutual legal assistance.”

SCHEDULE 6

“TABLE
Countries with which the State has made an extradition agreement under section 8(2) of the Act of 1965 Places to which an extradition agreement or an arrangement under section 8(2) of the Act of 1965 applies Paris Convention Hague Convention Montreal Convention Montreal Protocol Nuclear Materials Convention Drug Trafficking Convention Anti-Terrorism Convention Convention Against Torture Convention on the Safety of UN Personnel Australian Treaty United States Treaty Convention on Combating Bribery Convention on Corruption Maritime Safety Convention Fixed Platforms Protocol Hostages Convention Convention on Crimes against Internationally Protected Persons Convention on Terrorist Bombings Convention on Financing Terrorism
Afghanistan X X X X X X X X X X X
Albania X X X X X X X X X X X X X X X X
Algeria X X X X X X X X X X X
Andorra X X X X X X
Angola X X
Antigua and Barbuda X X X X X X X X
Argentina X X X X X X X X X X X X X
Armenia X X X X X X X X X X X X X X
Australia X X X X X X X X X X X X X X X
Austria X X X X X X X X X X X X X X X X
Azerbaijan X X X X X X X X X X X X X X X X
Bahamas X X X X X
Bahrain X X X X X X X
Bangladesh X X X X X X X X X X X X
Barbados X X X X X X X X X X
Belarus X X X X X X X X X X X X X
Belgium X X X X X X X X X X X X X X X X X
Belize X X X X X X X X X
Benin X X X X X X X X X
Bhutan X X X X X X
Bolivia X X X X X X X X X X X X X
Bosnia and Herzegovina X X X X X X X X X X X X X X X X
Botswana X X X X X X X X X X X X X
Brazil X X X X X X X X X X X
Brunei Darussalam X X X X X X X X X X X
Bulgaria X X X X X X X X X X X X X X X X X
Burkina Faso X X X X X X X X X X X X
Burundi X X X X
Cambodia X X X X
Cameroon X X X X X X X X X
Canada X X X X X X X X X X X X X X
Cape Verde X X X X X X X X X X X
Central African Republic X X X X
Chad X X X X
Chile X X X X X X X X X X X X X X
China X X X X X X X X X X X X
Colombia X X X X X X X X X X
Comoros X X X X X X X
Congo X X X X
Cook Islands X X
Costa Rica X X X X X X X X X X X X X
Cote d'Ivoire X X X X X X X X X
Croatia X X X X X X X X X X X X X X
Cuba X X X X X X X X X X X X
Cyprus X X X X X X X X X X X X X X X X
Czech Republic X X X X X X X X X X X X X X X X
Democratic People's Republic of Korea X X X X X X
Democratic Republic of the Congo X X X X X
Denmark X X X X X X X X X X X X X X X X X
Djibouti X X X X X X X X X X X
Dominica X X X X X X X X
Dominican Republic X X X X
Ecuador X X X X X X X X X X X X
Egypt X X X X X X X X X X
El Salvador X X X X X X X X X X X
Eritrea X
Equatorial Guinea X X X X X X X X X X X
Estonia X X X X X X X X X X X X X X X X
Ethiopia X X X X X X X X
Fiji X X X X X
Finland X X X X X X X X X X X X X X X X X
France X X X X X X X X X X X X X X X X
Gabon X X X X X X X X
Gambia X X X X X
Georgia X X X X X X X X X X X
Germany X X X X X X X X X X X X X X X X
Ghana X X X X X X X X X X X X
Greece X X X X X X X X X X X X X X X X
Grenada X X X X X X X X X X X
Guatemala X X X X X X X X X X
Guinea X X X X X X X X X X X X
Guinea- Bissau X X X
Guyana X X X X X X X X
Haiti X X X X X
Holy See X
Honduras X X X X X X X X X X X X
Hungary X X X X X X X X X X X X X X X X X
Iceland X X X X X X X X X X X X X X X X X
India X X X X X X X X X X X
Indonesia X X X X X
Iran (Islamic Republic of) X X X X X
Iraq X X X X X
Ireland X X X X X X X X X X X X X X X X X X X
Israel X X X X X X X X X X
Italy X X X X X X X X X X X X X X X X
Jamaica X X X X X
Japan X X X X X X X X X X X X X X
Jordan X X X X X X X X X X
Kazakhstan X X X X X X X X X X X
Kenya X X X X X X X X X X X X X
Kuwait X X X X X X X X X X X X
Kyrgyzstan X X X X X X X X X
Lao People's Democratic Republic X X X X X X X X
Latvia X X X X X X X X X X X X X X X
Lebanon X X X X X X X X X X X
Lesotho X X X X X X X X
Liberia X X X X X X X X X X X
Libyan Arab Jamahiriya X X X X X X X X X X X X X
Liechtenstein X X X X X X X X X X X X X X
Lithuania X X X X X X X X X X X X X X X X
Luxembourg X X X X X X X X X X X X X
Madagascar X X X X X X X X X
Malawi X X X X X X X X
Malaysia X X X X X
Maldives X X X X X X X X
Mali X X X X X X X X X X X X
Malta X X X X X X X X X X X X X X X
Marshall Islands X X X X X X X X X X
Mauritania X X X X X X X X X
Mauritius X X X X X X X X X X X
Mexico X X X X X X X X X X X X X
Micronesia (Federated States of) X X X X X X X X
Monaco X X X X X X X X X X X X X
Mongolia X X X X X X X X X X X
Morocco X X X X X X X X X X
Mozambique X X X X X X X X X X X X
Myanmar X X X X X X X X X
Namibia X X X
Nauru X X X X
Nepal X X X X X X X
Netherlands X X X X X X X X X X X X X X X X X
Netherlands Antilles X
Netherlands Aruba X
New Zealand X X X X X X X X X X X X X X
Nicaragua X X X X X X X X X
Niger X X X X X X X X X
Nigeria X X X X X X X
Norway X X X X X X X X X X X X X X X X X
Oman X X X X X X X X X
Pakistan X X X X X X X X X X
Palau X X X X X X X X X
Panama X X X X X X X X X X X X X
Papua New Guinea X X X X X X X
Paraguay X X X X X X X X X X X X
Peru X X X X X X X X X X X X
Philippines X X X X X X X X X X X X X
Poland X X X X X X X X X X X X X X X X X
Portugal X X X X X X X X X X X X X X X X X
Qatar X X X X X X X X
Republic of Korea X X X X X X X X X X X X X X
Republic of Moldova X X X X X X X X X X X X X
Romania X X X X X X X X X X X X X X X X
Russian Federation X X X X X X X X X X X X X X X
Rwanda X X X X X X X X
Saint Kitts and Nevis X X X X X
Saint Lucia X X X X X X
Saint Vincent and the Grenadines X X X X X X X X X X
Samoa X X X X X
San Marino X X X X
Sao Tome and Principe X
Saudi Arabia X X X X X X X
Senegal X X X X X X X X X X X X
Serbia and Montenegro X X X X X X X X X X X X X X X X
Seychelles X X X X X X X X X X X X
Sierra Leone X X X X X X X X
Singapore X X X X X X X
Slovakia X X X X X X X X X X X X X X X X X
Slovenia X X X X X X X X X X X X X X X X X
Somalia X
Solomon Islands X
South Africa X X X X X X X X X X
Spain X X X X X X X X X X X X X X X X
Sri Lanka X X X X X X X X X X X
Sudan X X X X X X X X X X X
Suriname X X X X X
Swaziland X X X X X X X X X X X
Sweden X X X X X X X X X X X X X X X X X
Switzerland X X X X X X X X X X X X X X
Syrian Arab Republic X X X X X X X X X
Tajikistan X X X X X X X X X X
Thailand X X X X X
The Former Yugoslav Republic of Macedonia X X X X X X X X X X X X X X
Timor-Leste X
Togo X X X X X X X X X X X
Tonga X X X X X X X X X X X
Trinidad and Tobago X X X X X X X X X X
Tunisia X X X X X X X X X X X X X
Turkey X X X X X X X X X X X X X X X X X
Turkmenistan X X X X X X X X X X X X X
Uganda X X X X X X X X X X X
Ukraine X X X X X X X X X X X X X X X
United Arab Emirates X X X X X X X
United Kingdom X X X X X X X X X X X X X X X X X
Channel Islands X
Isle of Man X
United Republic of Tanzania X X X X X X X X
United States of America X X X X X X X X X X X X X X
Uruguay X X X X X X X X X X X X X
Uzbekistan X X X X X X X X X X X X X
Vanuatu X X X X
Venezuela X X X X X X X X
Viet Nam X X X X X X X X
Yemen X X X X X X X X X
Zambia X X X X
Zimbabwe X X X
GIVEN under the Official Seal of the Minister for Foreign Affairs this 14^th day of July, 2005.
Dermot Ahern, Minister for Foreign Affairs

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to amend the Extradition Act 1965 (Application of Part II) Order 2000 by applying the provisions of Part II of the enabling Act to the States Parties to the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17^th day of December 1979 and the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14^th day of December 1973, which were acceded to on behalf of the State on 30 June 2005, and the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15^th day of December 1997 and the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9^th day of December 1999, which were ratified on behalf of the State on 30 June 2005, and to those additional States which became party to the international agreements dealt with by that Order so as to ensure that the State can fulfil its international obligations relating to extradition.

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