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

S.I. No. 374/2019 - Extradition (European Convention On Extradition) Order 2019 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gae

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 October 1993. Declaration contained in a Note Verbale from the Permanent Representation dated 3 November 1993 registered at the Secretariat General on 10 November 1993: On 30 June and 29 September 1993 the Governments of the Kingdom of the Netherlands and the Principality of Liechtenstein exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangements will enter into force on 1 December 1993. Declaration contained in a Note Verbale from the Permanent Representation, dated 9 December 1993, registered at the Secretariat General on 14 December 1993: On 20 and 28 October 1993 the Governments of the Kingdom of the Netherlands and Switzerland exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 January 1994. Declaration contained in a Note Verbale from the Permanent Representation, dated 9 December 1993, registered at the Secretariat General on 14 December 1993: On 20 September and 22 November 1993 the Governments of the Kingdom of the Netherlands and the Grand-Duchy of Luxembourg exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 February 1994. Declaration contained in a Note Verbale from the Permanent Representation, dated 3 January 1994, registered at the Secretariat General on 4 January 1994: On 30 July and 2 December 1993 the Governments of the Kingdom of the Netherlands and France exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 March 1994. Declaration contained in a Note Verbale from the Permanent Representation, dated 31 January 1994, registered at the Secretariat General on 2 February 1994: On 8 June and 21 December 1993 the Governments of the Kingdom of the Netherlands and Italy exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 30 December 1993. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 March 1994, registered at the Secretariat General on 11 March 1994: On 19 January and 3 February 1994 the Governments of the Kingdom of the Netherlands and of Turkey exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 May 1994. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 March 1994, registered at the Secretariat General on 11 March 1994: On 20 January and 4 February 1994 the Government of the Kingdom of the Netherlands and the Government of Denmark exchanged Notes constituting

article 27, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement will enter into force on 1 May 1994. Declaration contained in a Note Verbale from the Permanent Representation, dated 18 May 1994, registered at the Secretariat General on 20 May 1994: On 26 January and 18 February 1994 the Governments of the Kingdom of the Netherlands and of Norway exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 May 1994. Declaration contained in a Note Verbale from the Permanent Representation, dated 18 May 1994, registered at the Secretariat General on 20 May 1994: On 3 August 1993 and 3 March 1994 the Governements of the Kingdom of the Netherlands and of Cyprus exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 May

  1. This arrangement will enter into force on 1 June
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: On 20 July 1993 and 21 February 1994, the Governments of the Kingdom of the Netherlands and of the Czech Republic exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement entered into force on 1 June 1994. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of: - Greece, on 21 September 1993 and 16 June

  1. The arrangement entered into force on 1 September 1994; - Slovakia, on 20 July 1993 and 30 June
  2. The arrangement entered into force on 1 September
  3. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Iceland, on 26 January 1994 and 22 July

  1. The arrangement entered into force on 1 October
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Austria, on 22 July 1994 and 28 July

  1. The arrangement entered into force on 1 January
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Spain, on 11 November 1993 and 24 November

  1. The arrangement entered into force on 1 February
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Governement of the United Kingdom of Great Britain and Northern Ireland, on 8 November 1994 and 24 November

  1. The arrangement entered into force on 4 March
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Israel, on 28 February 1994 and 31 July

  1. The arrangement entered into force on 1 November
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Portugal, on 6 July 1995 and 29 August

  1. The arrangement entered into force on 1 December
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Croatia, on 16 October 1995 and 12 February

  1. The arrangement entered into force on 1 May
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of Hungary, on 28 March 1996 and 2 April

  1. The arrangement entered into force on 1 July
  2. Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 8 November 1996, registered at the Secretariat General on 8 November 1996: The Government of the Kingdom of the Netherlands exchanged Notes constituting

Article 27

, paragraph 4, of the European Convention on Extradition of 13 December 1957, concerning the extension of the Convention to the Netherlands Antilles and Aruba, with the Government of: - Finland, on 5 February 1996 and 4 July

  1. The arrangement entered into force on 1 October
  2. - Bulgaria, on 29 March 1996 and 17 July
  3. The arrangement entered into force on 1 October
  4. Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 31 August 2005, registered at the Secretariat General on 5 September 2005: On 13 June 2002, the Council of the European Union adopted a framework decision on the European arrest warrant and surrender procedures between Member States (no. 2002/584/JHA) (“the Framework Decision”). Article 31 of the Framework Decision provides that from 1 January 2004 the Framework Decision will replace the corresponding provisions of the relevant extradition conventions applicable in the field of extradition in relations between the Member States. The Permanent Representation of the Kingdom of the Netherlands therefore has the honour to inform the Secretary General of the Council of Europe that pursuant to Article 28, paragraph 3, of the Convention on Extradition, the Convention shall no longer be applied in relations between the European part of the Kingdom of the Netherlands and the Member States of the European Union that are a Party to the Convention. The Permanent Representation of the Kingdom of the Netherlands would emphasise that the above does not alter the application of the Convention in relations between: - the Netherlands Antilles and Aruba and the Parties to the Convention, or - the European part of the Kingdom and the Parties to the Convention that are not Member States of the European Union. Communication contained in a joint letter from the Ministers of Justice of Belgium and of the Netherlands, dated 5 February 2010, registered at the Secretariat General on 10 February 2010, supplemented by a joint letter from the Permanent Representatives of Belgium and of the Netherlands, dated 16 February 2010, registered at the Secretariat General on 18 February 2010 On 1 February 2010, a Convention between the Kingdom of the Netherlands and the Kingdom of Belgium came into effect under which the Netherlands made available to Belgium a prison located on Dutch territory (Tilburg) for the execution of criminal sentences imposed in Belgium under Belgian law. The Convention applies in principle until 31 December 2012, but the validity period may be reduced to 31 December 2011, or extended until 31 December
  5. The Convention contains a specific provision for criminal co-operation with third States. Article 18 of the Convention deals with criminal action at the request of third States concerning Belgian prisoners detained in the prison located on Dutch territory. According to the first paragraph of this provision, the Netherlands will not examine requests for extradition and/or mutual assistance from third States, but they will transmit them to Belgium. This agreement logically follows on from other provisions of the Convention, according to which the judicial and other authorities of the Netherlands do not normally deal with prisoners of the prison of Tilburg. In this context, Belgium and the Netherlands communicate the following: Requests for extradition and provisional arrest We recommend that States Parties to the European Convention on Extradition send exclusively to the Belgian authorities requests for extradition and provisional arrest of persons detained in the prison of Tilburg under the Convention concluded on 31 October 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law. If the Dutch authorities still receive requests for extradition or for provisional arrest of these persons, they will not deal with them but will transmit them to the Belgian authorities for further action. Alerts via Interpol for the surrender and the requests for provisional arrest of persons who are in the prison in Tilburg will not be carried out in the Netherlands. Requests for mutual assistance We recommend that central and judicial authorities of the States Parties to the Convention on Mutual Assistance in Criminal Matters send exclusively to the competent Belgian authorities requests for mutual assistance concerning persons detained in the prison of Tilburg under the Convention concluded on 31 October 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law. If, nevertheless, requests for mutual assistance concerning these persons are sent to the Netherlands, they will be forwarded to the competent authorities of the Kingdom of Belgium. Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012, supplemented by a Note verbale from the Permanent Representation of the Netherlands, dated 27 June 2013, registered at the Secretariat General on 28 June 2013: The reservations and declarations as made by the Kingdom of the Netherlands on 14 February 1969 and, as amended, on 15 October 1987 apply to Aruba and, as succeeding to the Netherlands Antilles, to Curaçao, Sint Maarten and the Caribbean part of the Nertherlands (the islands of Bonaire, Sint Eustatius and Saba) in their relations with the States with which notes were exchanged on the extension of the Convention: Sweden – on 8 July 1993 and 29 July 1993 Liechtenstein – on 30 June 1993 and 29 September 1993 Switzerland – on 20 October 1993 and 28 October 1993 Luxembourg – on 20 September 1993 and 22 November 1993 France – on 30 July 1993 and 22 November 1993 Italy – on 8 June 1993 and 21 December 1993 Turkey – on 19 January 1994 and 3 February 1994 Denmark – on 20 January 1994 and 4 February 1994 Norway – on 26 January 1994 and 18 February 1994 Cyprus – on 3 August 1993 and 3 March 1994 Czech Republic – on 20 July 1993 and 21 February 1994 Greece – on 21 September 1993 and 16 June 1994 Slovakia – on 20 July 1993 and 30 June 1994 Iceland – on 26 January 1994 and 22 July 1994 Austria – on 22 July 1994 and 28 July 1994 Spain – on 11 November 1993 and 24 November 1994 United Kingdom of Great Britain and Northern Ireland – on 8 November 1994 and 4 November 1994 Israel – on 28 February 1994 and 31 July 1995 Portugal – on 6 July 1995 and 29 August 1995 Croatia – on 16 October 1995 and 12 February 1996 Slovenia – on 7 March 1996 and 13 March 1996 Hungary – on 28 March 1996 and 2 April 1996 Finland – on 5 February 1996 and 4 July 1996 Lithuania – on 9 January 1996 and 16 July 1996 Bulgaria – on 29 March 1996 and 17 July 1996 Malta – on 2 April 1997 and 17 April 1997 Estonia – on 24 June 1997 and 17 July 1997 Ukraine – on 13 October 1999 and 22 October 1999 Republic of Moldova – on 7 May 1999 and 2 November 1999 Romania – on 16 June 1999 and 27 March 2000 Ireland – on 27 July 1995 and 4 December 2000 Albania – on 26 March 1999 and 18 December 2000 Germany – on 10 December 2001 and 22 January 2002 Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012: Having regard to the relations existing in public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), the term “metropolitan territories”, used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as it concerns the Kingdom, “European territory”. Norway: Reservation made at the time of signature, on 13 December 1957: Extradition may be refused on humanitarian grounds if surrender is likely to have consequences of an exceptional gravity for the person claimed, particularly by reason of his age, state of health or other personal circumstances. Reservation made at the time of signature, on 13 December 1957, and modified by a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretariat General on 19 January 1977: Under the terms of the Norwegian Act No. 39 of 13 June 1975, relating to the Extradition of Offenders etc., paragraph 3, Norway is in a position to grant extradition only in respect of an offence, or a corresponding offence, which under Norwegian law is punishable, or would have been punishable with imprisonment for more than one year. Reservation made at the time of signature, on 13 December 1957, and modified by a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretariat General on 19 January 1977: Norway reserves the right, in the light of individual circumstances, to consider the offence described in paragraph 3 of Article 3 as a political offence. Reservation made at the time of signature, on 13 December 1957, and modified by a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretariat General on 19 January 1977: When an offence under military law also comprises an offence in respect of which extradition otherwise is permissible, Norway reserves the right to stipulate that the extradited person shall not be punished under the military law of the requesting State. Declaration made at the time of signature, on 13 December 1957: As far as Norway is concerned, the term “national” shall include both nationals and residents of Norway. The term shall also include nationals and residents of Denmark, Finland, Iceland or Sweden, if extradition is requested by States other than those mentioned. Reservation made at the time of signature, on 13 December 1957: The Norwegian authorities reserve the right to require the requesting Party to produce prima facie evidence to the effect that the person claimed has committed the offence for which extradition is requested. The request may be refused if the evidence is found to be insufficient. Declaration contained in a letter from the Permanent Representative of Norway, dated 17 January 1977, registered at the Secretary General on 19 January 1977: This Convention shall not apply to extradition to Denmark, Finland or Sweden, as extradition between the said States is governed by a uniform legislation. Republic of Korea: Declaration contained in in the instrument of accession deposited on 29 September 2011: In respect of Article 2, paragraph 1, of the Convention, the Republic of Korea declares that “the punishment awarded” shall mean the remaining period of sentence to be served. It shall not mean the sentence initially imposed. Declaration contained in in the instrument of accession deposited on 29 September 2011: The Republic of Korea declares that if it gives assurance pursuant to Article 11 of the Convention, the death penalty will not be carried out even if it is imposed by a court of the Republic of Korea. Declaration contained in in the instrument of accession deposited on 29 September 2011: In respect of Article 16, paragraph 3, of the Convention, the Republic of Korea declares that it shall send a request for provisional arrest through the diplomatic channel or directly between the Ministries of Justice of the Contracting Parties, and not through the International Criminal Police Organisation. Declaration contained in in the instrument of accession deposited on 29 September 2011: In respect of Article 21, paragraph 5, of the Convention, the Republic of Korea reserves the right to grant transit on the conditions on which it grants extradition. Reservation contained in the instrument of accession deposited on 29 September 2011: In respect of Article 2 of the Convention, the Republic of Korea reserves the right to refuse the extradition of a person sought for the enforcement of a detention order if the detention order system of the requesting Party is incompatible with the purpose, requirements, period, effect, etc. of the detention order stipulated in the law of the Republic of Korea. Reservation contained in the instrument of accession deposited on 29 September 2011: In respect of Article 12 of the Convention, if the request for extradition relates to a person who has not yet been found guilty, the Republic of Korea reserves the right to request material that may provide reasonable grounds to suspect that the person sought has committed the offence for which extradition is requested. Extradition may be refused if there are no substantial grounds to suspect that the person has committed the extraditable offence. Republic of Moldova: Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova will refuse to grant extradition in cases where the person claimed is to be tried on the territory of the requesting Party by a special court (set up for a specific case) or where extradition is requested in order to carry out a sentence or detention order handed down by such a court. Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova reserves the right, where circumstances so dictate, to determine whether the taking or attempted taking of the life of a Head of State or a member of his or her family shall or shall not constitute a political offence. Declaration contained in the instrument of ratification deposited on 2 October 1997: By virtue of Article 17, paragraph 3 of the Constitution of the Republic of Moldova, the citizens of the Republic of Moldova may not be extradited or expelled from the country. The term “nationals” within the meaning of Article 6, paragraph 1 (b) covers all individuals having the nationality of the Republic of Moldova in conformity with its legislation. Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova reserves the right not to grant extradition when, in accordance with Article 7, paragraph 2, the requesting Party would refuse extradition in similar cases. Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova will not grant extradition if a final judgment has been passed by a third State upon the person claimed in respect of the offence or offences for which extradition is requested. Reservation contained in the instrument of ratification deposited on 2 October 1997: In derogation of Article 9 (first sentence), the Republic of Moldova may grant extradition if the requesting State can show that new facts or evidence justify a reopening of the case. Reservation contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova asks that any request addressed to it in pursuance of Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised in accordance with the present Convention. Declaration contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova reserves the right to authorise transit only under the conditions provided for in respect of extradition. Declaration contained in the instrument of ratification deposited on 2 October 1997: The Republic of Moldova declares that requests for extradition and documents appended thereto must be in Moldovan or in one of the official languages of the Council of Europe, or translated into one of these languages. Republic of North 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. Russian Federation: 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 parol. 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. if 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 «ad hoc tribunal» and « summary proceedings » 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. Declaration 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 « political offences ». In all cases when deciding on extradition the Russian Federation will not consider as « political offences » or « offences connected with political offences » 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. San Marino: Declaration contained in the instrument of ratification deposited on 18 March 2009: Concerning Article 1 of the Convention, the term “national” within the meaning of the Convention shall apply to any San Marino citizen, regardless of how he/she acquired his/her nationality. Declaration contained in the instrument of ratification deposited on 18 March 2009: Concerning Article 6, paragraph 1.a of the Convention, the Republic of San Marino will not grant extradition of San Marino citizens. Reservation contained in the instrument of ratification deposited on 18 March 2009: Concerning Article 1 of the Convention, the Republic of San Marino shall not grant extradition of persons: a. who are tried by a special court or who are to serve a sentence passed by such court; b. who will be subjected to a trial which affords no legal quarantees of criminal proceedings complying with the conditions internationally recognized as essential for the protection of human rights, or will serve their sentences in inhuman conditions. Reservation contained in the instrument of ratification deposited on 18 March 2009: Concerning Article 2 of the Convention, the Republic of San Marino shall authorize transit through its own territory only in respect of persons for whom extradition would be granted. Reservation contained in the instrument of ratification deposited on 18 March 2009: Concerning Article 23 of the Convention, if the request for extradition and the documents to be produced are not in Italian, they shall be accompanied by a translation into the Italian language or into one of the official languages of the Council of Europe. Serbia: 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. South Africa: Declaration contained in a Note Verbale from the Embassy of South Africa in Brussels, dated 26 May 2003 and registered at the Secretariat General on 11 June 2003, supplemented by a Note Verbale dated 17 June 2003 and registered at the Secretariat General on 17 June 2003: For the purposes of Article 6 of the Convention, the term “nationals” is defined, in terms of South Africa’s legal system, as persons who have acquired South African citizenship by means of birth, descent or naturalisation. This includes persons with citizenship of South Africa and of another country. These persons will all be liable to be extradited. South Africa’s acceptance of dual citizenship will therefore not bar the extradition of a person where he or she is also in possession of a citizenship of a country which prohibits the extradition of its nationals. Reservation contained in a Note Verbale from the Embassy of South Africa in Brussels, dated 26 May 2003 and registered at the Secretariat General on 11 June 2003, supplemented by a Note Verbale dated 17 June 2003 and registered at the Secretariat General on 17 June 2003: For the purposes of Article 2 of the Convention, the Republic of South Africa shall not extradite any person unless the punishment awarded for a conviction in respect of which he or she is being sought, is a sentence of imprisonment of at least six months. 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 judgment 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). 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: 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: 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 instru

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