S.I. No. 374/2019 - Extradition (European Convention On Extradition) Order 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd August, 2019.

WHEREAS, by the European Convention on Extradition (the terms of which are set out in Schedule 1 to the following Order) done at Paris on 13 December 1957 (referred to subsequently in these recitals as “the Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention was ratified on behalf of the State on 12 July 1988, subject to the reservations and declarations specified in Schedule 2 to the following Order;

AND WHEREAS the Convention has also been ratified or acceded to on behalf of the countries specified in Part A of Schedule 3 to the following Order subject to the reservations and declarations by certain of the countries concerned specified in Part B of that Schedule;

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

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8 (amended by section 57 (3) of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005)) of the Extradition Act 1965 (No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 246 of 2011 )), and after consultation with the Minister for Justice and Equality, hereby order as follows:

1.

• (2) This Order shall come into operation on 22 July 2019.

2.

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

“Convention” means the European Convention on Extradition (the terms of which are set out in Schedule 1), done at Paris on 13 December 1957.

3.

• (a) Articles 5 and 6, and

• (b) the reservations and declarations specified in Schedule 2 and Part B of Schedule 3,

Part II of the Act of 1965 shall apply in relation to the countries set out in Part A of Schedule 3.

4.

5.

• (i) in relation to the Republic of Austria where the offence concerned was committed or alleged to have been committed before 7 August 2002;

• (ii) in relation to the French Republic where the offence concerned was committed or alleged to have been committed before 1 November 1993; and

• (iii) in relation to Italy where the offence concerned was committed or alleged to have been committed before 7 August 2002.

6.

SCHEDULE 1 EUROPEAN CONVENTION ON EXTRADITION

done at Paris on 13 December 1957

The governments signatory hereto, being members of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Considering that this purpose can be attained by the conclusion of agreements and by common action in legal matters;

Considering that the acceptance of uniform rules with regard to extradition is likely to assist this work of unification,

Have agreed as follows:

Article 1 — Obligation to extradite

The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order.

Article 2 — Extraditable offences

Article 3 — Political offences

Article 4 — Military offences

Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention.

Article 5 — Fiscal offences

Extradition shall be granted, in accordance with the provisions of this Convention, for offences in connection with taxes, duties, customs and exchange only if the Contracting Parties have so decided in respect of any such offence or category of offences.

Article 6 — Extradition of nationals

• (b) Each Contracting Party may, by a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term “nationals” within the meaning of this Convention.

• (c) Nationality shall be determined as at the time of the decision concerning extradition. If, however, the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender, the requested Party may avail itself of the provision contained in sub-paragraph a of this article.

Article 7 — Place of commission

Article 8 — Pending proceedings for the same offences

The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested.

Article 9 — Non bis in idem

Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences.

Article 10 — Lapse of time

Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested Party, become immune by reason of lapse of time from prosecution or punishment.

Article 11 — Capital punishment

If the offence for which extradition is requested is punishable by death under the law of the requesting Party, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death-penalty will not be carried out.

Article 12 — The request and supporting documents

• (a) the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party;

• (b) a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible; and

• (c) a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

Article 13 — Supplementary information

If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Convention, the latter Party shall request the necessary supplementary information and may fix a time-limit for the receipt thereof.

Article 14 — Rule of speciality

• (a) when the Party which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention;

• (b) when that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.

Article 15 — Re-extradition to a third state

Except as provided for in Article 14, paragraph 1.b, the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of offences committed before his surrender. The requested Party may request the production of the documents mentioned in Article 12, paragraph 2.

Article 16 — Provisional arrest

Article 17 — Conflicting requests

If extradition is requested concurrently by more than one State, either for the same offence or for different offences, the requested Party shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State.

Article 18 — Surrender of the person to be extradited

Article 19 — Postponed or conditional surrender

Article 20 — Handing over of property

• (a) which may be required as evidence, or

• (b) which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently.

Article 21 — Transit

• (a) when it is not intended to land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12, paragraph 2.a exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a formal request for transit;

• (b) when it is intended to land, the requesting Party shall submit a formal request for transit.

Article 22 — Procedure

Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party.

Article 23 — Language to be used

The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it.

Article 24 — Expenses

Article 25 — Definition of “detention order”

For the purposes of this Convention, the expression “detention order” means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence.

Article 26 — Reservations

Article 27 — Territorial application

Article 28 — Relations between this Convention and bilateral Agreements

Article 29 — Signature, ratification and entry into force

Article 30 — Accession

Article 31 — Denunciation

Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary General of the Council received such notification.

Article 32 — Notifications

The Secretary General of the Council of Europe shall notify the members of the Council and the government of any State which has acceded to this Convention of:

• (a) the deposit of any instrument of ratification or accession;

• (b) the date of entry into force of this Convention;

• (c) any declaration made in accordance with the provisions of Article 6, paragraph 1, and of Article 21, paragraph 5;

• (d) any reservation made in accordance with Article 26, paragraph 1;

• (e) the withdrawal of any reservation in accordance with Article 26, paragraph 2;

• (f) any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at Paris, this 13th day of December 1957, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to the signatory governments.

SCHEDULE 2 Reservations and declarations made by the State to the European Convention on Extradition

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

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

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

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

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

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

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

The same circumstance applies in the case of the European Convention on Declaration contained in a Note Verbale from the Permanent Representation of Ireland, dated 14 October Extradition. Dail approval of the terms thereof was not obtained prior to ratification of the said Convention on behalf of the Government of Ireland in 1966. Consequently, in the event of a court challenge, Ireland’s ratification in 1966 is likely to be declared invalid under domestic law.

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

Declaration contained in a Note Verbale from the Permanent Representation of Ireland, dated 14 October 2004, registered at the Secretariat General on 15 October 2004:

“The Government of Ireland, in accordance with Article 28, paragraph 3, of the European Convention on Extradition, 1957, hereby notifies the Secretary General of the Council of Europe that Ireland shall apply the Framework Decision of the Council of the European Union (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States in relation to Member States of the European Union, insofar as the Framework Decision is applicable in relations between Ireland and the other Member State.”

Declaration contained in a Note Verbale from the Permanent Representation of Ireland, dated 14 October 2004, registered at the Secretariat General on 15 October 2004:

“The Government of Ireland hereby notifies the Secretary General of the Council of Europe that Ireland shall apply the European Convention on Extradition, 1957, to the United Kingdom territories of the Channel Islands and the Isle of Man.”

SCHEDULE 3

PART A

Countries

Albania

Andorra

Armenia

Austria

Azerbaijan

Bosnia and Herzegovina

France

Georgia

Iceland

Israel

Italy

Liechtenstein

Monaco

Montenegro

Netherlands

Norway

Republic of Korea

Republic of Moldova

Republic of North Macedonia

Russian Federation

San Marino

Serbia

South Africa

Switzerland

Turkey

Ukraine

United Kingdom of Great Britain and Northern Ireland

Places or territories for whose external relations a country is responsible

Aruba

Bonaire, Curaçao, Saba, Sint Eustatius and Sint Maarten (formerly Netherlands Antilles)

Channel Islands

Isle of Man

PART B Reservations and declarations made by States Parties with respect to the European Convention on Extradition

Albania:

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

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

This declaration is valid only in conditions of reciprocity.

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

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

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

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

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

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

This declaration is valid only in conditions of reciprocity.

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

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

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

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

This declaration is valid only in conditions of reciprocity.

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

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

Andorra:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Armenia:

Reservation contained in the instrument of ratification deposited on 25 January 2002:

In respect of Article 1 of the Convention, the Republic of Armenia reserves the right to refuse to grant extradition:

a. if the person to be extradited will be brought before an extraordinary court or in respect of the person who is to serve a sentence passed by such a court;

b. if there are sufficient grounds to suppose that in result of the person’s state of health and age her/his extradition will be injurious to her/his health or threaten her/his life;

c. if political asylum is granted in the Republic of Armenia to the person, whose extradition is requested.

Reservation contained in the instrument of ratification deposited on 25 January 2002:

The Republic of Armenia declares that the extradition for the serving of a sentence, provided in Article 2, paragraph 1 of the Convention, will be granted if the person, whose extradition is requested, has been convicted for a period of at least six months or a more severe penalty.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

As the legislation of the Republic of Armenia does not define the notion of “political offence” or that of “offence connected with a political offence”, the Republic of Armenia, being requested for extradition on such grounds, will grant extradition if the offence mentioned in the request is considered as such under its ordinary criminal law or under the International Treaties in force in the Republic of Armenia.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

As all military offences are under the ordinary criminal law of the Republic of Armenia, extradition requested by another Party will be granted if the offence, in respect of which the request for the extradition is made, is also under ordinary criminal law of the requesting Party.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

Pursuant to sub-paragraph a of paragraph 1 of Article 6, the Republic of Armenia declares that it will not extradite its nationals.

Pursuant to sub-paragraph c of paragraph 1 of Article 6, nationality of the Republic of Armenia within the meaning of this Convention shall be determined at the time of the decision concerning extradition.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

Provisional arrest, provided in paragraph 4 of Article 16, will be terminated in any case, if, within a period of one month after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

The Republic of Armenia declares that the request for extradition and documents to be produced shall be accompanied by a certified translation into the Armenian language or into one of the official languages of the Council of Europe.

Austria:

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

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

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

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

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

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

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

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

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

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

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

In any case Austria will refuse transit of Austrian nationals.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Declaration contained in a Note verbale from the Permanent Representation of Austria, dated 18 March 2005, registered at the Secretariat General on 18 March 2005:

In accordance with Article 28, paragraph 3, of the Convention, Austria notifies that from 1 May 2004 it will apply the national legislation implementing the European Union Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) in relation to Contracting Parties which are Member States of the European Union and which already applied the EU Framework Decision on 1 May 2004, except requests relating to punishable acts committed partly or as a whole before 7 August 2002.

Azerbaijan:

Declaration contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan declares that transit of extradited persons through the territory of the Republic of Azerbaijan will be allowed subject to the observance of the same conditions as for extradition.

Declaration contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

Reservations contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan reserves the right not to grant extradition on humanitarian grounds taking into consideration the age or state of health of the person sought.

The Republic of Azerbaijan will refuse the extradition if there are sufficient grounds for supposing that the extradition would affect the sovereignty or national security of the Republic of Azerbaijan.

The Republic of Azerbaijan will refuse to grant extradition if there are sufficient grounds for supposing that the person requested for extradition will be exposed to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State.

The Republic of Azerbaijan will not grant extradition if there are sufficient grounds for supposing that the person requested for the extradition will be persecuted for reasons of race, nationality, language, religion, citizenship or political opinion.

Reservation contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan declares that according to Article 53 (II) of the Constitution of the Republic of Azerbaijan in no circumstances a citizen of the Republic of Azerbaijan shall be extradited to another State. In this respect the Republic of Azerbaijan in any case will refuse to extradite its citizens.

Declaration contained in the instrument of ratification deposited on 28 June 2002:

The Republic of Azerbaijan declares that the requests for extradition and the documents annexed thereto must be submitted with a translation into Azerbaijani language.

France:

Reservation contained in the instrument of ratification, deposited on 10 February l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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 l986:

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

Declaration contained in a letter from the Permanent Representative of France, dated 12 October 2004, registered at the Secretariat General on 18 October 2004:

The Government of the French Republic declares, in accordance with the provisions of Article 28, paragraph 3, of the Convention, that since the 12th of March 2004 regarding Paris and since the 13rd of March 2004 regarding the rest of France, the provisions relating to the European arrest warrant, when implementable, replace the corresponding dispositions of the European Convention on Extradition of 13 December 1957 in the surrender procedures between Member States of the European Union.

Georgia:

Reservation contained in the instrument of ratification, deposited on 15 June 2001:

Extradition shall be granted only under the condition that any person, national, stateless person or alien suspected of having committed a crime will not be tried in a special court of the requesting Party or that his or her extradition is not requested to carry out a sentence or detention order issued by such court.

Georgia reserves the right to refuse the extradition of any person on humanitarian grounds, if the extradition would adversely affect the state of this person.

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

Declarations contained in the instrument of ratification, deposited on 15 June 2001:

For the purposes of this Convention, the Government of Georgia reserves the right to decide on the extradition of its nationals on the basis of reciprocity and to refuse their extradition on the grounds of public morality, public policy and State security.

In respect of Article 6, paragraph 1 b, the term “national” within the meaning of the Convention will be applied as it is determined by the legislation of Georgia.

Declarations contained in the instrument of ratification, deposited on 15 June 2001:

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

In respect of Article 21 of the Convention, Georgia reserves the right not to grant transit under the same conditions on which it grants extradition.

Declaration contained in the instrument of ratification, deposited on 15 June 2001:

In respect of Article 23 of the Convention, where the request for extradition and the documents to be produced are not in Georgian language, they must be accompanied by a translation of the request and the documents into English or Russian languages.

Declaration contained in the instrument of ratification, deposited on 15 June 2001:

Georgia will not be responsible for the application of the provisions of the Convention on the territories of Abkhazia and Tskhinvali region until the full jurisdiction of Georgia is restored over these territories.

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 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.

Declaration contained in a Note Verbale from the Permanent Representation of Italy, dated 25 April 2006, registered at the Secretariat General on 25 April 2006:

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Republic of Italy notifies the applicability of the European Union Council Framework Decision 2002/584/JHA of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States of the European Union.

The Framework Decision has been implemented in Italy by the Law of 22 April 2005 No. 69 (“Provisions for the implementation of the Council Framework Decision 2002/584/JHA of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States”, G.U. 29 April 2005 No. 98), which entered into force on 14 May 2005.

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.

Monaco:

Declaration contained in the instrument of ratification deposited on 30 January 2009:

The Principality of Monaco declares that the term “national” in the context of Article 6, paragraph 1, of the European Convention on Extradition means any person who is a “Monégasque” under the legislation of Monaco.

Declaration contained in the instrument of ratification deposited on 30 January 2009:

The Principality of Monaco requests of the requesting party a certified translation into French of the request for extradition and of the documents accompanying the application.

Montenegro:

Declaration contained in the instrument of accession deposited on 30 September 2002:

The Federal Republic of Yugoslavia shall refuse extradition, in accordance with Article 6, paragraph 1(a), of the Convention, and transit of its nationals in accordance with Article 21, paragraph 2, of the Convention.

Declaration contained in the instrument of accession deposited on 30 September 2002:

In accordance with Article 21, paragraph 5, of the Convention, the Federal Republic of Yugoslavia shall grant the transit of a person exclusively under the same conditions applicable in case of extradition.

Netherlands:

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: