(7)Where all or part of the period specified in a data retention request coincides with the period during which any of the data specified in the request may, in accordance with law, be processed for purposes other than those specified in the request, this section does not prevent that data from being processed for those other purposes.
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Complaints procedure.
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65.—(1) A person who believes that data that relate to the person and that are in the possession of a service provider have been accessed following a disclosure request may apply to the Referee for an investigation into the matter.
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(2)If an application is made under this section (other than one appearing to the Referee to be frivolous or vexatious), the Referee shall investigate— (a) whether a disclosure request was made as alleged in the application, and (b) if so, whether any provision of section 64 has been contravened in relation to the disclosure request.
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(3)If, after investigating the matter, the Referee concludes that a provision of section 64 has been contravened in relation to the disclosure request, the Referee shall— (a) notify the applicant in writing of that conclusion, and (b) make a report of the Referee's findings to the Taoiseach.
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(4)In addition, in the circumstances specified in subsection (3), the Referee may, if he or she thinks fit, by order do either or both of the following: (a) direct the destruction of the relevant data and any copies of the data; (b) make a recommendation for the payment to the applicant of such sum by way of compensation as may be specified in the order.
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(5)If, after investigating the matter, the Referee concludes that no provision of section 64 has been contravened, the Referee shall notify the applicant in writing to that effect.
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(6)A decision of the Referee under this section is final.
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(7)For the purpose of an investigation under this section, the Referee is entitled to access to and has the power to inspect any official documents or records relating to the relevant application.
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(8)Any person who was concerned in, or has information relevant to, the making of a disclosure request in respect of which an application is made under this section shall give the Referee, on his or her request, such information relating to the request as is in the person's possession.
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Amendment of section 8 of Act of 1993.
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66.—Section 8 of the Act of 1993 is amended by substituting the following subsections for subsection (1): “(1) The President of the High Court shall from time to time after consulting with the Minister invite a person who is a judge of the High Court to undertake (while serving as such a judge) the duties specified in this section and section 67 of the Criminal Justice (Terrorist Offences) Act 2005 and, if the invitation is accepted, the Government shall designate the judge for the purposes of this Act and the Criminal Justice (Terrorist Offences) Act 2005. (1A) Subsection (1) does not affect the functions of the Data Protection Commissioner under section 10 of the Data Protection Act 1988 .”.
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Duties of designated judge in relation to this Part.
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67.—(1) In addition to the duties assigned under section 8 of the Act of 1993, the designated judge shall— (a) keep the operation of the provisions of this Part under review, (b) ascertain whether the Garda Síochána and the Permanent Defence Force are complying with its provisions, and (c) include, in the report to the Taoiseach under section 8(2) of the Act of 1993, such matters relating to this Part that the designated judge considers appropriate.
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(2)For the purpose of carrying out the duties assigned under this section, the designated judge— (a) has the power to investigate any case in which a disclosure request is made, and (b) is entitled to access to and has the power to inspect any official documents or records relating to the request.
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(3)Any person who was concerned in, or has information relevant to, the preparation or making of a disclosure request shall give the designated judge, on his or her request, such information relating to the request as is in the person's possession.
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(4)The designated judge may, if he or she considers it desirable to do so, communicate with the Taoiseach or the Minister concerning disclosure requests and with the Data Protection Commissioner in connection with the Commissioner's functions under the Data Protection Acts 1988 and 2003.
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PART 8
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European Arrest Warrant Application of this Part.
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68.—The amendments effected by this Part (other than section 83 ) shall apply to European arrest warrants, and facsimile and true copies thereof, that are endorsed under section 13, or produced under section 14(7), of the Act of 2003 after the passing of this Act.
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Issuing state presumed to comply with Framework Decision.
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69.—The Act of 2003 is amended by the insertion of the following section: “4A.—It shall be presumed that an issuing state will comply with the requirements of the Framework Decision, unless the contrary is shown.”.
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Corresponding offences.
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70.—The Act of 2003 is amended by the substitution of the following section for section 5: “5.—For the purposes of this Act, an offence specified in a European arrest warrant corresponds to an offence under the law of the State, where the act or omission that constitutes the offence so specified would, if committed in the State on the date on which the European arrest warrant is issued, constitute an offence under the law of the State.”.
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Obligation to surrender.
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71.—The Act of 2003 is amended by the substitution of the following section for section 10: “10.—Where a judicial authority in an issuing state duly issues a European arrest warrant in respect of a person— (a) against whom that state intends to bring proceedings for an offence to which the European arrest warrant relates, (b) who is the subject of proceedings in that state for an offence to which the European arrest warrant relates, (c) who has been convicted of, but not yet sentenced in respect of, an offence to which the European arrest warrant relates, or (d) on whom a sentence of imprisonment or detention has been imposed in respect of an offence to which the European arrest warrant relates, and who fled from the issuing state before he or she— (i) commenced serving that sentence, or (ii) completed serving that sentence, that person shall, subject to and in accordance with the provisions of this Act and the Framework Decision, be arrested and surrendered to the issuing state.”.
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European arrest warrant.
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72.—Section 11 of the Act of 2003 is amended by— (a) the substitution of the following subsections for subsection (1): “(1) A European arrest warrant shall, in so far as is practicable, be in the form set out in the Annex to the Framework Decision. (1A) Subject to subsection (2A), a European arrest warrant shall specify— (a) the name and the nationality of the person in respect of whom it is issued, (b) the name of the judicial authority that issued the European arrest warrant, and the address of its principal office, (c) the telephone number, fax number and email address (if any) of that judicial authority, (d) the offence to which the European arrest warrant relates, including the nature and classification under the law of the issuing state of the offence concerned, (e) that a conviction, sentence or detention order is immediately enforceable against the person, or that a warrant for his or her arrest, or other order of a judicial authority in the issuing state having the same effect, has been issued in respect of the offence, (f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the person in the commission of the offence, and (g) (i) the penalties to which that person would, if convicted of the offence specified in the European arrest warrant, be liable, (ii) where that person has been convicted of the offence specified in the European arrest warrant but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence, or (iii) where that person has been convicted of the offence specified in the European arrest warrant and a sentence has been imposed in respect thereof, the penalties of which that sentence consists.”, (b) the insertion of the following subsection: “(2A) If it is not practicable for any of the information to which subsection (1A) (inserted by section 72 (a) of the Criminal Justice (Terrorist Offences) Act 2005) applies to be specified in the European arrest warrant, it may be specified in a separate document.”, and (c) the deletion of subsection (3).
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Amendment of section 12 of Act of 2003.
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73.—Section 12 of the Act of 2003 is amended by— (a) the substitution, in subsection (2), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority”, (b) the insertion of the following subsection: “(3A) An undertaking required under this Act may be set out in the European arrest warrant or in a separate document.”, (c) the substitution of the following subsection for subsection (4): “(4) Notwithstanding subsection (3), the issuing judicial authority shall be deemed to have complied with subsection (1)— (a) if facsimile copies of— (i) the European arrest warrant, and (ii) where appropriate, a translation thereof, are transmitted by or on behalf of the issuing judicial authority to the Central Authority in the State, and (b) where the Minister makes regulations under subsection (10), there is, in relation to those facsimile copies, compliance with the regulations.”, (d) the substitution of the following subsection for subsection (5): “(5) Notwithstanding subsection (3), the issuing judicial authority or the issuing state, as may be appropriate, shall be deemed to have complied with subsection (2)— (a) if facsimile copies of— (i) such undertakings as are required under this Act, and (ii) where appropriate, translations thereof, are transmitted by it or on its behalf to the Central Authority in the State, and (b) where the Minister makes regulations under subsection (10) there is, in relation to those facsimile copies, compliance with the regulations.”, (e) the substitution, in subsection (6), of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority” in each place that it occurs, (f) the substitution, in paragraph (b) of subsection (8), of “an issuing judicial authority or the issuing state, as may be appropriate,” for “a judicial authority in the issuing state”, (g) the insertion, in subsection (8), of the following new paragraph: “(c) a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005),”, and (h) the substitution of the following subsection for subsection (11): “(11) In this section ‘European arrest warrant’ includes a document referred to in section 11(2A) (inserted by section 72 (b) of the Criminal Justice (Terrorist Offences) Act 2005).”.
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Amendment of section 14 of Act of 2003.
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74.—Section 14 of the Act of 2003 is amended by— (a) the substitution of the following subsection for subsection (6): “(6) Notwithstanding subsection (5), the High Court may order the release from custody of a person remanded in custody under this section if, at any time after the person has been so remanded, it appears to the High Court that a European arrest warrant has not been issued in respect of the person.”, and (b) the substitution of the following subsection for subsection (7): “(7) Where, in relation to a person who has been remanded in custody under subsection (3), a European arrest warrant is transmitted to the Central Authority in the State in accordance with section 12— (a) that person shall be brought before the High Court as soon as may be, and (b) the European arrest warrant, or a facsimile or true copy thereof, shall be produced to the High Court, and the High Court shall, if satisfied that the person is the person in respect of whom the European arrest warrant was issued— (i) remand the person in custody or on bail (and for that purpose the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence), and (ii) fix a date for the purposes of section 16 (being a date that falls not later than 21 days after the date of the person's arrest).”, (c) the substitution, in subsection (10), of the following definition for the definition of “Schengen alert”: “ ‘Schengen alert’ means a document that— (a) indicates that a European arrest warrant has been issued by a judicial authority in a Member State in respect of the person named in the document on such date as is specified in the document, (b) has been transmitted by electronic means by or on behalf of the judicial authority concerned or the issuing state concerned, as may be appropriate, to the Garda Síochána, using equipment designed, or intended for use, for the purposes of the Schengen Information System, and (c) is capable of being viewed by the Garda Síochána by means of equipment designed, or intended for use, for those purposes;”.
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Amendment of section 15 of Act of 2003.
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75.—Section 15 of the Act of 2003 is amended by— (a) the substitution of the following subsections for subsections (1) and (2): “(1) Where a person is brought before the High Court under section 13, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall— (a) if the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant, (b) if it is satisfied that— (i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and (ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with professional legal advice before consenting to his or her surrender, (c) if it is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and (d) if the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto), make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.
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(2)Where a person is brought before the High Court under section 14, he or she may consent to his or her being surrendered to the issuing state and, if he or she so consents, the High Court shall— (a) upon production to the High Court of the European arrest warrant or facsimile or true copies thereof, (b) if it is satisfied that— (i) the person voluntarily consents to his or her being surrendered to the issuing state concerned and is aware of the consequences of his or her so consenting, and (ii) the person has obtained, or has been afforded the opportunity of obtaining or being provided with, professional legal advice and representation before consenting to his or her surrender, (c) if it is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and (d) if the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto), make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her.”, (b) the substitution of the following subsection for subsection (3): “(3) An order under this section shall take effect upon the expiration of 10 days beginning on the date of the making of the order or such earlier date as the High Court, upon the request of the person to whom the order applies, directs.”, (c) the substitution, in subsection (5), of the following paragraph for paragraph (a): “(a) the order takes effect in accordance with subsection (3) (inserted by section 75 (b) of the Criminal Justice (Terrorist Offences) Act 2005), or”, and (d) the substitution of the following subsection for subsection (7): “(7) A person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5) shall be released from custody immediately upon the expiration of the 10 days referred to in that subsection unless, upon such expiration, proceedings referred to in subsection (6) are pending.”.
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Date of hearing in relation to European arrest warrant.
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76.—Section 16 of the Act of 2003 is amended by— (a) the substitution of the following subsection for subsection (1): “(1) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9) the High Court may, upon such date as is fixed under section 13 or such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that— (a) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued, (b) the European arrest warrant, or a facsimile or true copy thereof, has been endorsed in accordance with section 13 for execution of the warrant, (c) where appropriate, an undertaking under section 45 or a facsimile or true copy thereof is provided to the court, (d) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and (e) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).”, (b) the substitution of the following subsection for subsection (2): “(2) Where a person does not consent to his or her surrender to the issuing state or has withdrawn his or her consent under section 15(9), the High Court may, upon such date as is fixed under section 14 or such later date as it considers appropriate, make an order directing that the person be surrendered to such other person as is duly authorised by the issuing state to receive him or her, provided that— (a) the European arrest warrant and, where appropriate, an undertaking under section 45, or facsimile or true copies thereof are provided to the court, (b) the High Court is satisfied that the person before it is the person in respect of whom the European arrest warrant was issued, (c) the High Court is not required, under section 21A, 22, 23 or 24 (inserted by sections 79 , 80 , 81 and 82 of the Criminal Justice (Terrorist Offences) Act 2005), to refuse to surrender the person under this Act, and (d) the surrender of the person is not prohibited by Part 3 or the Framework Decision (including the recitals thereto).”, (c) the insertion of the following subsection: “(2A) Where the High Court does not— (a) make an order under subsection (1) on the date fixed under section 13, or (b) make an order under subsection (2) on the date fixed under section 14,
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it may remand the person before it in custody or on bail and, for those purposes, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.”, (d) the substitution of the following subsection for subsection (3): “(3) An order under this section shall take effect upon the expiration of 15 days beginning on the date of the making of the order or such earlier date as the High Court, upon the request of the person to whom the order applies, directs.”, (e) the substitution, in subsection (5), of the following paragraph for paragraph (a): “(a) the order takes effect in accordance with subsection (3) (inserted by section 76 (d) of the Criminal Justice (Terrorist Offences) Act 2005), or”, (f) the substitution of the following subsection for subsection (7): “(7) A person (to whom an order for the time being in force under this section applies) who is not surrendered to the issuing state in accordance with subsection (5) shall be released from custody immediately upon the expiration of the 10 days referred to in that subsection unless, upon such expiration, proceedings referred to in subsection (6) are pending.”, and (g) the substitution— (i) in subsection (9), of “Subsections (7) and (8) shall not apply if” for “Subsection (8) shall not apply if”, (ii) in paragraph (a)(ii) of that subsection, of “subsection (7) or (8)” for “subsection (8)”, and (iii) in paragraph (b)(ii) of that subsection, of “subsection (7) or (8)” for “subsection (8)”, and the said subsection (9) as so amended is set out in the Table to this paragraph.
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TABLE
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(9)Subsections (7) and (8) shall not apply if— (a) (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State, (ii) on the date on which he or she would, but for this subsection, be entitled to be released under subsection (7) or (8), all or part of the term of imprisonment remains unexpired, and (iii) the person is required to serve all or part of the remainder of that term of imprisonment, or (b) (i) the person has been charged with or convicted of an offence in the State, and (ii) on the date on which he or she would, but for this paragraph, be entitled to be released from custody under subsection (7) or (8), he or she is required to be in custody by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, in respect of that offence.
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Amendment of section 18 of Act of 2003.
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77.—Section 18 of the Act of 2003 is amended by the insertion of the following subsection: “(2A) Where the High Court decides to postpone a person's surrender under this section, it may remand the person in custody or on bail and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence.”.
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Amendment of section 20 of Act of 2003.
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78.—Section 20 of the Act of 2003 is amended— (a) in subsection (1), by the substitution of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority”, and (b) in subsection (2), by the substitution of “issuing judicial authority or the issuing state, as may be appropriate,” for “issuing judicial authority”.
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Refusal of surrender where no decision to prosecute.
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79.—The Act of 2003 is amended by the insertion of the following section: “21A.—(1) Where a European arrest warrant is issued in the issuing state in respect of a person who has not been convicted of an offence specified therein, the High Court shall refuse to surrender the person if it is satisfied that a decision has not been made to charge the person with, and try him or her for, that offence in the issuing state.
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(2)Where a European arrest warrant is issued in respect of a person who has not been convicted of an offence specified therein, it shall be presumed that a decision has been made to charge the person with, and try him or her for, that offence in the issuing state, unless the contrary is proved.”.
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Rule of specialty.
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80.—The Act of 2003 is amended by the substitution of the following section for section 22: “22.—(1) In this section, except where the context otherwise requires, ‘offence’ means, in relation to a person to whom a European arrest warrant applies, an offence (other than an offence specified in the European arrest warrant in respect of which the person's surrender is ordered under this Act) under the law of the issuing state committed before the person's surrender, but shall not include an offence consisting, in whole, of acts or omissions of which the offence specified in the European arrest warrant consists in whole or in part.
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(2)Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that— (a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a European arrest warrant shall not be proceeded against, sentenced or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence, and (b) the person will be proceeded against, sentenced, or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his or her personal liberty, in respect of an offence.
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(3)It shall be presumed that, in relation to a person to whom a European arrest warrant applies, the issuing state does not intend to— (a) proceed against him or her, (b) sentence or detain him or her for a purpose referred to in subsection (2)(a), or (c) otherwise restrict him or her in his or her personal liberty, in respect of an offence, unless the contrary is proved.
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(4)The surrender of a person under this Act shall not be refused under subsection (2) if— (a) upon conviction in respect of the offence concerned he or she is not liable to a term of imprisonment or detention, or (b) the High Court is satisfied that, where upon such conviction he or she is liable to a term of imprisonment or detention and such other penalty as does not involve a restriction of his or her personal liberty, the said other penalty only will be imposed if he or she is convicted of the offence.
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(5)The surrender of a person under this Act shall not be refused under subsection (2) if it is intended to impose in the issuing state a penalty (other than a penalty consisting of a restriction of the person's liberty) including a financial penalty in respect of an offence of which the person claimed has been convicted, notwithstanding that where such person fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure or comply with any requirements of which the penalty consists) he or she may, under the law of the issuing state be detained or otherwise deprived of his or her personal liberty.
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(6)The surrender of a person under this Act shall not be refused under subsection (2) if the High Court— (a) is satisfied that— (i) proceedings will not be brought against the person in respect of an offence, (ii) a penalty will not be imposed on the person in respect of an offence, and (iii) the person will not be detained or otherwise restricted in his or her personal liberty for the purposes of an offence, without the issuing judicial authority first obtaining the consent thereto of the High Court, (b) is satisfied that— (i) the person consents to being surrendered under section 15, (ii) at the time of so consenting he or she consented to being so proceeded against, to such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and was aware of the consquences of his or her so consenting, and (iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates, (c) is satisfied that— (i) such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or otherwise restricted in his or her personal liberty before the expiration of a period of 45 days from the date of the person's final discharge in respect of the offence for which he or she is surrendered, and (ii) during that period he or she will be free to leave the issuing state, except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or (d) is satisfied that such proceedings will not be brought, such penalty will not be imposed and the person will not be so detained or restricted in his or her personal liberty unless— (i) the person voluntarily gives his or her consent to being so proceeded against, such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and is fully aware of the consequences of so doing, (ii) that consent is given before the competent judicial authority in the issuing state, and (iii) the person obtains or is afforded the opportunity of obtaining, or being provided with, professional legal advice in the issuing state in relation to the matters to which this section relates before he or she gives that consent.
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(7)The High Court may, in relation to a person who has been surrendered to an issuing state under this Act, consent to— (a) proceedings being brought against the person in the issuing state for an offence, (b) the imposition in the issuing state of a penalty, including a penalty consisting of a restriction of the person's liberty, in respect of an offence, or (c) proceedings being brought against, or the detention of, the person in the issuing state for the purpose of executing a sentence or order of detention in respect of an offence, upon receiving a request in writing from the issuing state in that behalf.
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(8)The High Court shall not give its consent under subsection (7) if the offence concerned is an offence for which a person could not by virtue of Part 3 or the Framework Decision (including the recitals thereto) be surrendered under this Act.”.
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Surrender of person by issuing state to other Member State.
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81.—The Act of 2003 is amended by the substitution of the following section for section 23: “23.—(1) In this section, except where the context otherwise requires— ‘offence’ means, in relation to a person to whom a European arrest warrant applies, an offence under the law of a Member State (other than the issuing state) committed before the person's surrender to the issuing state under this Act; and ‘Member State’ means a Member State other than the issuing state.
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(2)Subject to this section, the High Court shall refuse to surrender a person under this Act if it is satisfied that— (a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a European arrest warrant shall not be surrendered to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of an offence, and (b) the person will be surrendered to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of an offence.
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(3)It shall be presumed that, in relation to a person to whom a European arrest warrant applies, the issuing state does not intend to surrender him or her to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State in respect of an offence, unless the contrary is proved.
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(4)The surrender of a person under this Act shall not be refused under subsection (2) if the High Court— (a) is satisfied that the issuing judicial authority will not surrender the person to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State, without first obtaining the consent thereto of the High Court, (b) is satisfied that— (i) the person consents to being surrendered under section 15, (ii) at the time of so consenting he or she consented to being surrendered by the issuing state to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State, and was aware of the consquences of his or her so consenting, and (iii) the person obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates, (c) is satisfied that— (i) the person will not be surrendered by the issuing state to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State, before the expiration of a period of 45 days from the date of the person's final discharge in respect of the offence for which he or she is surrendered under this Act, and (ii) during that period he or she will be free to leave the issuing state, except where having been so discharged he or she leaves the issuing state and later returns thereto (whether during that period or later), or (d) is satisfied that the person will not be surrendered to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State unless— (i) the person voluntarily gives his or her consent to being so surrendered and is fully aware of the consequences of his or her so doing, (ii) that consent is given before the competent judicial authority in the issuing state, and (iii) the person obtains or is afforded the opportunity of obtaining, or being provided with, professional legal advice in the issuing state in relation to the matters to which this section relates before he or she gives that consent.
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(5)The High Court may, in relation to a person who has been surrendered to an issuing state under this Act, consent to the person being surrendered by the issuing state to a Member State pursuant to a European arrest warrant issued by a judicial authority in that Member State, upon receiving a request in writing from the issuing state in that behalf.
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(6)The High Court shall not give its consent under subsection (5) if the offence concerned is an offence for which a person could not by virtue of Part 3 or the Framework Decision (including the recitals thereto) be surrendered under this Act.”.
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Extradition of person by issuing state to third state.
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82.—The Act of 2003 is amended by the substitution of the following section for section 24: “24.—(1) The High Court shall refuse to surrender a person under this Act if it is satisfied that— (a) the law of the issuing state does not provide that a person who is surrendered to it pursuant to a European arrest warrant shall not be extradited to a third country without the consent of the High Court and the Minister first being obtained, and (b) the person will be extradited to a third country without such consent first being obtained.
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(2)It shall be presumed that, in relation to a person to whom a European arrest warrant applies, the issuing state does not intend to extradite him or her to a third country, unless the contrary is proved.
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(3)The issuing state may request, in writing, the High Court to consent to the extradition to a third country by the issuing state of a person surrendered to the issuing state under this Act.
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(4)The High Court shall give its consent to a request under subsection (3) if it is satisfied that— (a) were the person concerned in the State, and (b) were a request for his or her extradition received in the State from the third country concerned, his or her extradition pursuant to such a request would not be prohibited under the Extradition Acts 1965 to 2001.”.
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Proceedings in the State.
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83.—The Act of 2003 is amended by the substitution of the following section for section 42: “42.—A person shall not be surrendered under this Act if— (a) the Director of Public Prosecutions or the Attorney General is considering, but has not yet decided, whether to bring proceedings against the person for an offence, or (b) proceedings have been brought in the State against the person for an offence consisting of an act or omission of which the offence specified in the European arrest warrant issued in respect of him or her consists in whole or in part.”.
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SCHEDULE 1
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Section 4.
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PART 1
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TREOIRCHINNEADH ÓN gCOMHAIRLE 2002/475 CGB an 13 Meitheamh 2002 maidir leis an sceimhlitheoireacht a chomhrac TÁ COMHAIRLE AN AONTAIS EORPAIGH, Ag féachaint don Chonradh ag bunú an Aontais Eorpaigh, agus go háirithe Airteagal 29, Airteagal 31(e) agus Airteagal 34(2)(b) de, Ag féachaint don togra ón gCoimisiún1 , Ag féachaint don Tuairim ó Pharlaimint na hEorpa2 , De bhrí:
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(1)Go bhfuil an tAontas Eorpach fothaithe ar na luachanna uilechoiteanna arb iad dínit an duine, an tsaoirse, an comhionannas agus an dlúthpháirtíocht, an urraim do chearta an duine agus do shaoirsí bunúsacha. Tá sé bunaithe ar phrionsabal an daonlathais agus ar phrionsabal an smacht reachta, prionsabail is coiteann do na Ballstáit.
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(2)Tá an sceimhlitheoireacht ar cheann de na sáruithe is tromchúisí ar na prionsabail sin. Daingníonn Dearbhú La Gomera arna ghlacadh ag an gcruinniú neamhfhoirmiúil den Chomhairle ar an 14 Deireadh Fómhair 1995 go bhfuil an sceimhlitheoireacht ina bagairt ar an daonlathas, ar shaorfheidhmiú chearta an duine agus ar an bhforbraíocht eacnamaíoch agus sóisialta.
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(3)Is páirtithe na Ballstáit uile nó cuid díobh i roinnt coinbhinsiún a bhaineann leis an sceimhlitheoireacht. De réir Choinbhinsiún Chomhairle na hEorpa an 27 Eanáir 1977 maidir leis an Sceimhlitheoireacht a Dhíothú ní cionta polaitiúla iad cionta sceimh litheoireachta ná ní cionta iad atá bainteach le cionta polaitiúla ná ní tucaidí polaitiúla is siocair leo. Tá Coinbhinsiún maidir le buamálacha sceimhlitheoireachta a dhíothú an 15 Nollaig 1997 agus Coinbhinsiún maidir le maoiniú na sceimhlitheoireachta a dhíothú an 9 Nollaig 1999 glactha ag na Náisiúin Aontaithe. Tá dréachtchoinbhinsiún domhanda in aghaidh na sceimhlitheoireachta á dhréachtú faoi láthair sna Náisiúin Aontaithe.
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(4)Ag leibhéal an Aontais Eorpaigh, ghlac an Chomhairle ar an 3 Nollaig 1998 Plean Gníomhaíochta na Comhairle agus an Choimisiúin maidir leis an dóigh is fearr chun forálacha Chonradh Amstardam a chur chun feidhme a bhaineann le limistéar saoirse, slándála agus ceartais3 . Ba chóir aird a thabhairt freisin ar Chonclúidí ón gComhairle an 20 Meán Fómhair 2001 agus ar phlean gníomhaíochta chun an sceimhlitheoireacht a chomhrac ón gComhairle Eorpach Urghnách an 21 Meán Fómhair 2001. Rinneadh tagairt don sceimhlitheoireacht i gconclúidí ón gComhairle Eorpach in Tampere an 15 agus 16 Deireadh Fómhair 1999, agus ón gComhairle Eorpach in Santa María da Feira an 19 agus 20 Meitheamh 2000. Tá sí luaite freisin sa chumarsáid ón gCoimisiún chuig an gComhairle agus Parlaimint na hEorpa i dtaca le tabhairt suas chun dáta leathbhliantúil an scórchláir chun an dul chun cinn a athbhreithniú maidir le limistéar “saoirse, slándála agus ceartais” a chruthú san Aontas Eorpach (dara leath de 2000). Fairis sin, ar an 5 Meán Fómhair 2001 ghlac Parlaimint na hEorpa moladh maidir le ról an Aontais Eorpaigh sa chomhrac in aghaidh na sceimhlitheoireachta. Ina theannta sin, ba chóir a mheabhrú gur chomhairligh na príomhthíortha tionsclaithe (G7) agus an Rúis ar an 30 Iúil 1996 ag teacht le chéile dóibh i bPáras cúig bheart fichead chun an sceimhlitheoireacht a chomhrac.
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(5)Tá an iliomad beart sonrach glactha ag an Aontas Eorpach chun an sceimhlitheoireacht agus an choiriúlacht eagraithe a chomhrac, amhail Cinneadh ón gComhairle an 3 Nollaig 1998 ag cur de chúram ar Europol déileáil le coireanna arna ndéanamh nó ar dóigh go ndéanfaí le linn gníomhaíochtaí sceimhlitheoireachta in aghaidh bheatha an duine, a iomláine coirp, saoirse phearsanta nó maoin4 ; Gníomh Comhpháirteach 96/610/CGB ón gComhairle an 15 Deireadh Fómhair 1996 maidir le clár d'inniúlachtaí, scileanna agus sainoilteacht frithsceimhlitheoireachta a chruthú agus a choimeád ar bun chun an comhar frithsceimhlitheoireachta idir na Ballstáit den Aontas Eorpach a éascú5 ; Gníomh Comhpháirteach 98/428/CGB ón gComhairle an 29 Meitheamh 1998 maidir le Gréasán Breithiúnach Eorpach a chruthú6 , le freagrachtaí i leith cionta sceimhlitheoireachta, agus go háirithe Airteagal 2 de; Gníomh Comhpháirteach 98/733/CGB ón gComhairle an 21 Nollaig 1998 maidir le cion coiriúil a dhéanamh de rannpháirteachas in eagraíocht choiriúil sna Ballstáit den Aontas Eorpach7 ; agus Moladh ón gComhairle an 9 Nollaig 1999 maidir le comhar sa chomhrac in aghaidh grúpaí sceimhlitheoireachta a mhaoiniú.8
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(6)Ba chóir comhfhogasú a dhéanamh i ngach Ballstát ar an sainmhíniú de chionta sceimhlitheoireachta, lena n-áirítear na cionta sin a bhaineann le grúpaí sceimhlitheoireachta. Fairis sin, ba chóir pionóis agus smachtbhannaí a léiríonn tromchúis na gcionta sin a leagan síos i leith daoine nádúrtha agus dlítheanacha a bhfuil cionta den sórt sin déanta acu nó atá freagrach as cionta den sórt sin.
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(7)Ba chóir rialacha dlínse a bhunú chun a áirithiú gur féidir an cion sceimhlitheoireachta a ionchúiseamh go héifeachtach.
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(8)Tá íospartaigh na gcionta sceimhlitheoireachta soghonta agus is gá mar sin bearta sonracha maidir leo.
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(9)Toisc nach féidir leis na Ballstáit ag gníomhú go haontaobhach dóibh cuspóirí an ghnímh atá beartaithe a ghnóthú go leordhóthanach agus gur féidir mar sin, toisc an gá atá le cómhalartú, na cuspóirí a ghnóthú níos fearr ag leibhéal an Aontais, féadfaidh an tAontas bearta a ghlacadh i gcomhréir le prionsabal na coimhdeachta. I gcomhréir le prionsabal na comhréireachta, ní théann an Treoirchinneadh seo thar mar is gá d'fhonn na cuspóirí sin a ghnóthú.
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(10)Urramaíonn an Treoirchinneadh seo na cearta bunúsacha mar atá arna ráthú sa Choinbhinsiún Eorpach chun Cearta an Duine agus Saoirsí Bunúsacha a Chosaint agus faoi mar a fhabhraíonn siad sna traidisiúin bhunreachtúla is coiteann do na Ballstáit mar phrionsabail de dhlí an Chomhphobail. Urramaíonn an tAontas na prionsabail atá aitheanta in Airteagal 6(2) den Chonradh ar an Aontas Eorpach agus atá le fáil freisin sa Chairt um Chearta Bunúsacha den Aontas Eorpach, go háirithe Caibidil VI de. Ní féidir aon ní sa Treoirchinneadh seo a fhorléiriú amhail is gurb é is aidhm dó cearta nó saoirsí bunúsacha a laghdú nó a shrianadh amhail an ceart chun dul ar stailc, an tsaoirse comhthionóil, comhlachais nó friotail, lena n-áirítear an ceart ag gach duine ceardchumainn a chur ar bun le daoine eile agus bheith ina bhall díobh chun a leasanna a chosaint, agus an ceart chun léirsiú atá gaolmhar leis.
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(11)Gníomhartha arna ndéanamh ag fórsaí armtha le linn tréimhsí de choinbhleacht armtha, atá faoi rialú ag an dlí daonnachtúil idirnáisiúnta de réir bhrí na dtéarmaí sin faoin dlí sin, agus gníomhartha arna ndéanamh ag fórsaí armtha an Stáit agus a ndualgais oifigiúla á bhfeidhmiú acu, a mhéad atá siad faoi rialú ag rialacha eile den dlí idirnáisiúnta, níl siad faoi rialú ag an Treoirchinneadh seo, TAR ÉIS AN TREOIRCHINNEADH SEO A GHLACADH:
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Airteagal 1 Cionta sceimhlitheoireachta agus cearta agus prionsabail bunúsacha 1. Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go ndéantar na gníomhartha intinneacha dá dtagraítcar thíos i bpointí (a) go (i), mar atá siad sainithe mar chionta faoin dlí náisiúnta, a fhéadfaidh mar gheall ar a gcineál nó a gcomhthéacs, tír nó eagraíocht idirnáisiúnta a dhochrú go tromchúiseach má dhéantar iad d'fhonn: — pobal a imeaglú go tromchúiseach, nó — iallach a chur go míchuí ar rialtas nó eagraíocht idirnáisiúnta gníomh a dhéanamh nó staonadh ó ghníomh a dhéanamh, nó — na struchtúir bhunúsacha sóisialta, eacnamaíocha, bunreachtúla nó polaitiúla i dtír nó in eagraíocht idirnáisiúnta a dhíchobhsú go tromchúiseach nó a mhilleadh, a mheas mar chionta sceimhlitheoireachta: (a) ionsaithe ar bheatha an duine a fhéadfaidh a bheith ina dtrúig bháis; (b) ionsaithe ar iomláine coirp an duine; (c) fuadach nó giall a ghabháil; (d) cur faoi deara saoráid rialtais nó poiblí, córas iompair, saoráid bonneagair, lena n-áirítear saoráid faisnéise, ardán fosaitheach arna shuíomh ar an scairbh ilchríochach, ionad poiblí nó maoin phríobháideach a léirscrios ar dóigh dó beatha an duine a chur i gcontúirt nó mórchaillteanas eacnamaíoch a dhéanamh; (e) aerárthaigh, longa nó córacha eile iompair daoine nó earraí a ghabháil; (f) airm, pléascáin nó airm núicléacha bitheolaíocha nó ceimiceacha a mhonarú, a shealbhú, a fháil, a iompar, a sholáthar nó a úsáid, agus taighde a dhéanamh ar airm bhitheolaíocha agus ceimiceacha agus iad a fhorbairt; (g) substaintí contúirteacha a scaoileadh nó bheith ina shiocair tinte, tuilte nó pléascán arb é is éifeacht dóibh beatha an duine a chur i gcontúirt; (h) cur isteach ar sholáthar uisce, cumhachta nó aon bhunacmhainne nádúrtha eile nó iad a réabadh arb é is éifeacht dóibh beatha an duine a chur i gcontúirt; (i) bheith ag bagairt aon cheann de na gníomhartha atá liostaithe in (a) go (h) a dhéanamh.
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2.Ní bheidh d'éifeacht ag an Treoirchinneadh seo an oibleagáid a athrú cearta bunúsacha agus prionsabail dlí bunúsacha a urramú mar atá siad leagtha amach in Airteagal 6 den Chonradh ar an Aontas Eorpach.
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Airteagal 2 Cionta a bhaineann le grúpa sceimhlitheoireachta 1. Chun críocha an Treoirchinnidh seo, ciallaíonn “grúpa sceimhlitheoireachta” grúpa struchtúrtha ina bhfuil beirt nó níos mó, arna bhunú thar tréimhse ama agus a ghníomhaíonn ar dhóigh chomhbheartaithe chun cionta sceimhlitheoireachta a dhéanamh. Ciallaíonn “grúpa struchtúrtha” grúpa nach gcuirtear le chéile de thaisme chun cion a dhéanamh láithreach agus nach gá go bhfuil rólanna arna sainiú go foirmiúil aige dá chuid ball, leanúnachas ballraíochta ná struchtúr forbartha.
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2.Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go bhfuil na gníomhartha intinneacha seo a leanas inphionóis: (a) grúpa sceimhlitheoireachta a stiúradh; (b) bheith rannpháirteach i ngníomhaíochtaí grúpa sceimhlitheoireachta, go fiú trí fhaisnéis nó acmhainní ábhartha a sholáthar, nó trína ghníomhaíochtaí a mhaoiniú ar aon dóigh, agus a bheith ar an eolas go rannchuideoidh an rannpháirteachas sin le gníomhaíochtaí coiriúla an ghrúpa sceimhlitheoireachta.
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Airteagal 3 Cionta atá nasctha le gníomhaíochtaí sceimhlitheoireachta Glacfaidh gach Ballstát na bearta is gá chun a áirithiú gur féidir na gníomhartha seo a leanas a áireamh ar na cionta atá nasctha leis an sceimhlitheoireacht: (a) tromghoid d'fhonn ceann de na gníomhartha atá liostaithe in Airteagal 1(1) a dhéanamh; (b) sracaireacht d'fhonn ceann de na gníomhartha atá liostaithe in Airteagal 1(1) a dhéanamh; (c) doiciméid riarthacha bréagacha a tharraingt suas d'fhonn ceann de na gníomhartha atá liostaithe in Airteagal 1(1)(a) go (h) agus Airteagal 2(2)(b) a dhéanamh.
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Airteagal 4 Gríosú, cabhrú nó neartú, agus iarracht 1. Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go ndéantar inphionóis an gníomh chun gríosú nó cabhrú nó neartú le cion a dhéanamh dá dtagraítear in Airteagal 1(1), Airteagail 2 nó 3.
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2.Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go ndéantar inphionóis an iarracht chun cion a dhéanamh dá dtagraítear in Airteagal 1(1) agus Airteagal 3, amach ó shealbhú dá bhforáiltear in Airteagal 1(1)(f), agus an cion dá dtagraítear in Airteagal 1(1)(i).
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Airteagal 5 Pionóis 1. Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go ndéantar inphionóis na cionta dá dtagraítear in Airteagail 1 go 4 le pionóis choiriúla atá éifeachtach, comhréireach agus athchomhairleach ar a bhfuil an t-eiseachadadh le háireamh.
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2.Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go ndéantar inphionóis na cionta sceimhlitheoireachta dá dtagraítear in Airteagal 1(1) agus na cionta dá dtagraítear in Airteagal 4, a mhéad a bhaineann siad le cionta sceimhlitheoireachta, le pianbhreitheanna faoi choimeád is troime ná na pianbhreitheanna is infhorchurtha faoin dlí náisiúnta i leith cionta den sórt sin nuair nach bhfuil an intinn speisialta ann atá riachtanach de bhun Airteagal 1(1), ach amháin nuair atá na pianbhreitheanna is infhorchurtha ar na huasphianbhreitheanna is féidir faoin dlí náisiúnta.
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3.Glacfaidh gach Ballstát na bearta is gá chun aáirithiú go ndéantar inphionóis na cionta atá liostaithe in Airteagal 2 le pianbhreitheanna faoi choimeád, le huasphianbhreith nach lú ná cúig bliana déag i leith an chiona dá dtagraítear in Airteagal 2(2)(a), agus le huasphianbhreith nach lú ná ocht mbliana i leith na gcionta atá liostaithe in Airteagal 2(2)(b). A mhéad nach dtagraíonn an cion atá luaite in Airteagal 2 (2)(a) ach don ghníomh in Airteagal 1(1)(i), ní lú ná ocht mbliana an uasphianbhreith.
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Airteagal 6 Imthosca ar leith Glacfaidh gach Ballstát na bearta is gá chun a áirithiú gur féidir na cionta dá dtagraítear in Airteagal 5 a laghdú má dhéanann an ciontóir: (a) gníomhaíocht sceimhlitheoireachta a thréigean, agus (b) faisnéis a sholáthar do na húdaráis riarthacha nó breithiúnacha nach dtiocfadh leo a fháil ar a mhalairt de dhóigh, ag cuidiú leo: (i) éifeachtaí an chiona a chosc nó a mhaolú; (ii) na ciontóirí eile a shainaithint nó a thabhairt os comhair an dlí; (iii) fianaise a aimsiú; nó (iv) cionta eile dá dtagraítear in Airteagail 1 go 4 a chosc.
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Airteagal 7 Dliteanas daoine dlítheanacha 1. Glacfaidh gach Ballstát na bearta is gá chun a áirithiú gur féidir daoine dlítheanacha a chur faoi dhliteanas maidir le haon cheann de na cionta dá dtagraítear in Airteagail 1 go 4 arna dhéanamh ar mhaithe leo ag aon duine, ag gníomhú dó go leithleach nó mar chuid d'orgán an duine dlítheanaigh, a bhfuil ionad ceannaireachta aige laistigh den duine dlítheanach, arna bhunú ar cheann de na nithe seo a leanas: (a) cumhacht ionadaíochta thar ceann an duine dlítheanaigh; (b) údarás chun cinntí a ghlacadh thar ceann an duine dlítheanaigh, (c) údarás chun rialú a fheidhmiú laistigh den duine dlítheanach.
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2.Ach amháin sna cásanna dá bhforáiltear i mír 1, glacfaidh gach Ballstát na bearta is gá chun a áirithiú gur féidir daoine dlítheanacha a chur faoi dhliteanas nuair is mar gheall ar ghanntanas maoirseachta nó rialú ag duine dá dtagraítear i mír 1 a dhéantar na cionta dá dtagraítear in Airteagail 1 go 4 ar mhaithe leis an duine dlítheanach sin ag duine faoina údarás.
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3.Dliteanas de chuid daoine dlítheanacha faoi mhíreanna 1 agus 2, ní eisiafaidh sé imeachtaí coiriúla in aghaidh daoine nádúrtha is déantóirí, gríosóirí nó cúlpháirtithe in aon cheann de na cionta dá dtagraítear in Airteagail 1 go 4.
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Airteagal 8 Pionóis in aghaidh daoine dlítheanacha Glacfaidh gach Ballstát na bearta is gá chun a áirithiú go bhfuil duine dlítheanach atá faoi dhliteanas de bhun Airteagal 7 inphionóis le pionóis atá éifeachtach, comhréireach agus athchomhairleach lena n-áirítear fíneálacha coiriúla nó neamhchoiriúla agus ar a mbeidh pionóis eile le háireamh, amhail: (a) eisiamh ó bheith i dteideal sochair nó cabhair poiblí a fháil; (b) dícháiliúchán sealadach nó buan ó ghníomhaíochtaí tráchtála a chleachtadh; (c) cur faoi mhaoirseacht bhreithiúnach; (d) ordú um foirceannadh breithiúnach; (e) bunaíochtaí a dhúnadh go sealadach nó go buan a úsáideadh chun an cion a dhéanamh.
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Airteagal 9 Dlínse agus ionchúiseamh 1. Glacfaidh gach Ballstát na bearta is gá chun a dhlínse a bhunú maidir leis na cionta uile dá dtagraítear in Airteagail 1 go 4 nuair: (a) a dhéantar an cion go hiomlán nó go páirteach ar a chríoch. Féadfaidh gach Ballstát a dhlínse a fhairsingiú má dhéantar an cion ar chríoch de chuid Ballstáit; (b) a dhéantar an cion ar bord loinge a bhfuil a bratach ar foluain aici nó ar aerárthach atá cláraithe ansin; (c) is náisiúnach nó cónaitheoir dá chuid an ciontóir; (d) a dhéantar an cion ar mhaithe le duine dlítheanach atá bunaithe ar a chríoch; (e) a dhéantar an cion in aghaidh institiúidí nó phobal an Bhallstáit i gceist nó in aghaidh institiúid den Aontas Eorpach nó comhlacht arna chur ar bun i gcomhréir leis an gConradh ag bunú an Chomhphobail Eorpaigh nó leis an gConradh ar an Aontas Eorpach agus a bhfuil a shuíomh aige sa Bhallstát sin.
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2.Nuair a thiteann cion faoi dhlínse Ballstát amháin nó níos mó agus nuair is féidir le haon cheann de na Ballstáit i dtrácht ionchúiseamh go bailí ar bhonn na bhfíoras céanna, rachaidh na Ballstáit i dtrácht i gcomhar le chéile chun a chinneadh cé acu ceann a dhéanfaidh na ciontóirí a ionchúiseamh ionas, más féidir, na himeachtaí a lárú in aon Bhallstát amháin. Chuige sin, féadfaidh na Ballstáit dul ar iontaoibh aon chomhlacht nó meicníocht atá bunaithe san Aontas Eorpach d'fhonn an comhar idir na húdaráis bhreithiúnacha a éascú agus a ngníomhaíocht a chomhordú. Tabharfar aird ar dhóigh leanúnach ar na cúinsí seo a leanas: — is é an Ballstát an Ballstát ar ar a chríoch a rinneadh na gníomhartha, — is é an Ballstát an Ballstát ar náisiúnach nó cónaitheoir dá chuid an déantóir, — is é an Ballstát Ballstát tionscnaimh na n-íospartach, — is é an Ballstát an Ballstát ar ar a chríoch a fuarthas an déantóir.
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3.Glacfaidh gach Ballstát na bearta is gá chun a dhlínse a bhunú freisin maidir leis na cionta dá dtagraítear in Airteagail 1 go 4 i gcásanna nuair a dhiúltaíonn sé duine faoi amhras ciona nó duine arna chiontú i gcion den sórt sin a ghéilleadh nó a eiseachadadh chuig Ballstát eile nó chuig tríú tír.
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4.Déanfaidh gach Ballstát a áirithiú go bhfolaíonn a dhlínse cásanna ina ndearnadh aon cheann de na cionta dá dtagraítear in Airteagail 2 agus 4 go hiomlán nó go páirteach ar a chríoch, is cuma cá bhfuil an grúpa sceimhlitheoireachta bunaithe nó cá saothraíonn sé a chuid gníomhaíochtaí coiriúla.
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5.Ní eisiafaidh an tAirteagal seo dlínse a fheidhmiú in ábhair choiriúla mar atá arna leagan síos ag Ballstát i gcomhréir lena reachtaíocht náisiúnta.
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Airteagal 10 Íospartaigh a chosaint agus cuidiú leo 1. Déanfaidh na Ballstáit a áirithiú nach bhfuil imscrúduithe ar na cionta nó ionchúiseamh na gcionta atá folaithe sa Treoirchinneadh seo ag brath ar thuarascáil nó cúiseamh ó dhuine is íospartach, ar a laghad má rinneadh na gníomhartha ar chríoch an Bhallstáit.
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2.I dteannta leis na bearta atá leagtha síos i dTreoirchinneadh 2001/220/CGB ón gComhairle an 15 Márta 2001 maidir le seasamh na n-íospartach in imeachtaí coiriúla1 , glacfaidh gach Ballstát, más gá, gach beart is féidir chun cúnamh iomchuí a áirithiú do theaghlaigh na n-íospartach.
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Airteagal 11 Cur chun feidhme agus tuarascálacha 1. Glacfaidh na Ballstáit na bearta is gá chun an Treoirchinneadh seo a chomhlíonadh faoi cheann 31 Nollaig 2002.
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2.Faoi cheann 31 Nollaig 2002, díreoidh na Ballstáit chuig ArdRúnaíocht na Comhairle agus chuig an gCoimisiún téacs na bhforálacha a thrasuíonn ina ndlí náisiúnta na hoibleagáidí arna bhforchur orthu faoin Treoirchinneadh seo. Ar bhonn tuarascáil arna tarraingt suas ar an bhfaisnéis sin agus ar bhonn tuarascáil ón gCoimisiún, measúnóidh an Chomhairle, faoi cheann 31 Nollaig 2003, an bhfuil na bearta is gá glactha ag na Ballstáit chun an Treoirchinneadh seo a chomhlíonadh.
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3.Sonróidh an tuarascáil ón gCoimisiún, ach go háirithe, trasuí na hoibleagáide dá dtagraítear in Airteagal 5(2) i ndlí coiriúil na mBallstát.
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Airteagal 12 Cur i bhfeidhm críochach Beidh an treoirchinneadh seo infheidhme ar Ghiobráltar.
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Airteagal 13 Teacht i bhfeidhm Tiocfaidh an Treoirchinneadh seo i bhfeidhm ar lá a fhoilsithe in Iris Oifigiúil na gComhphobal Eorpach.
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Arna dhéanamh i Lucsamburg, an 13 Meitheamh 2002.
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Thar ceann na Comhairle An tUachtarán M. RAJOY BREY
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PART 2
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(Acts adopted pursuant to Title VI of the Treaty on European Union) COUNCIL FRAMEWORK DECISION of 13 June 2002 on combating terrorism (2002/475/JHA) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Union, and in particular Article 29, Article 31(e) and Article 34(2)(b) thereof, Having regard to the proposal from the Commission1 , Having regard to the opinion of the European Parliament2 , Whereas:
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(1)The European Union is founded on the universal values of human dignity, liberty, equality and solidarity, respect for human rights and fundamental freedoms. It is based on the principle of democracy and the principle of the rule of law, principles which are common to the Member States.
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(2)Terrorism constitutes one of the most serious violations of those principles. The La Gomera Declaration adopted at the informal Council meeting on 14 October 1995 affirmed that terrorism constitutes a threat to democracy, to the free exercise of human rights and to economic and social development.
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(3)All or some Member States are party to a number of conventions relating to terrorism. The Council of Europe Convention of 27 January 1977 on the Suppression of Terrorism does not regard terrorist offences as political offences or as offences connected with political offences or as offences inspired by political motives. The United Nations has adopted the Convention for the suppression of terrorist bombings of 15 December 1997 and the Convention for the suppression of financing terrorism of 9 December 1999. A draft global Convention against terrorism is currently being negotiated within the United Nations.
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(4)At European Union level, on 3 December 1998 the Council adopted the Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice3 . Account should also be taken of the Council Conclusions of 20 September 2001 and of the Extra-ordinary European Council plan of action to combat terrorism of 21 September 2001. Terrorism was referred to in the conclusions of the Tampere European Council of 15 and 16 October 1999, and of the Santa María da Feira European Council of 19 and 20 June 2000. It was also mentioned in the Commission communication to the Council and the European Parliament on the biannual update of the score-board to review progress on the creation of an area of ‘freedom, security and justice’ in the European Union (second half of 2000). Furthermore, on 5 September 2001 the European Parliament adopted a recommendation on the role of the European Union in combating terrorism. It should, moreover, be recalled that on 30 July 1996 twenty-five measures to fight against terrorism were advocated by the leading industrialised countries (G7) and Russia meeting in Paris.
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(5)The European Union has adopted numerous specific measures having an impact on terrorism and organised crime, such as the Council Decision of 3 December 1998 instructing Europol to deal with crimes committed or likely to be committed in the course of terrorist activities against life, limb, personal freedom or property4 ; Council Joint Action 96/610/JHA of 15 October 1996 concerning the creation and maintenance of a Directory of specialised counter-terrorist competences, skills and expertise to facilitate counter-terrorism cooperation between the Member States of the European Union5 ; Council Joint Action 98/428/JHA of 29 June 1998 on the creation of a European Judicial Network6 , with responsibilities in terrorist offences, in particular Article 2; Council Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union7 ; and the Council Recommendation of 9 December 1999 on cooperation in combating the financing of terrorist groups8 .
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(6)The definition of terrorist offences should be approximated in all Member States, including those offences relating to terrorist groups. Furthermore, penalties and sanctions should be provided for natural and legal persons having committed or being liable for such offences, which reflect the seriousness of such offences.
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(7)Jurisdictional rules should be established to ensure that the terrorist offence may be effectively prosecuted.
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(8)Victims of terrorist offences are vulnerable, and therefore specific measures are necessary with regard to them.
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(9)Given that the objectives of the proposed action cannot be sufficiently achieved by the Member States unilaterally, and can therefore, because of the need for reciprocity, be better achieved at the level of the Union, the Union may adopt measures, in accordance with the principle of subsidiarity. In accordance with the principle of proportionality, this Framework Decision does not go beyond what is necessary in order to achieve those objectives.
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(10)This Framework Decision respects fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they emerge from the constitutional traditions common to the Member States as principles of Community law. The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapter VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as the right to strike, freedom of assembly, of association or of expression, including the right of everyone to form and to join trade unions with others for the protection of his or her interests and the related right to demonstrate.
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(11)Actions by armed forces during periods of armed conflict, which are governed by international humanitarian law within the meaning of these terms under that law, and, inasmuch as they are governed by other rules of international law, actions by the armed forces of a State in the exercise of their official duties are not governed by this Framework Decision, HAS ADOPTED THIS FRAMEWORK DECISION:
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Article 1Terrorist offences and fundamental rights and principles
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1.Each Member State shall take the necessary measures to ensure that the intentional acts referred to below in points (a) to (i), as defined as offences under national law, which, given their nature or context, may seriously damage a country or an international organisation where committed with the aim of: — seriously intimidating a population, or — unduly compelling a Government or international organisation to perform or abstain from performing any act, or — seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation, shall be deemed to be terrorist offences: (a) attacks upon a person's life which may cause death; (b) attacks upon the physical integrity of a person; (c) kidnapping or hostage taking; (d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endanger human life or result in major economic loss; (e) seizure of aircraft, ships or other means of public or goods transport; (f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons; (g) release of dangerous substances, or causing fires, floods or explosions the effect of which is to endanger human life; (h) interfering with or disrupting the supply of water, power or any other fundamental natural resource the effect of which is to endanger human life; (i) threatening to commit any of the acts listed in (a) to (h).
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2.This Framework Decision shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.
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Article 2Offences relating to a terrorist group
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1.For the purposes of this Framework Decision, ‘terrorist group’ shall mean: a structured group of more than two persons, established over a period of time and acting in concert to commit terrorist offences. ‘Structured group’ shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
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2.Each Member State shall take the necessary measures to ensure that the following intentional acts are punishable: (a) directing a terrorist group; (b) participating in the activities of a terrorist group, including by supplying information or material resources, or by funding its activities in any way, with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group.
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Article 3Offences linked to terrorist activities
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Each Member State shall take the necessary measures to ensure that terrorist-linked offences include the following acts: (a) aggravated theft with a view to committing one of the acts listed in Article 1(1); (b) extortion with a view to the perpetration of one of the acts listed in Article 1(1); (c) drawing up false administrative documents with a view to committing one of the acts listed in Article 1(1)(a) to (h) and Article 2(2)(b).
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Article 4Inciting, aiding or abetting, and attempting
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1.Each Member State shall take the necessary measures to ensure that inciting or aiding or abetting an offence referred to in Article 1(1), Articles 2 or 3 is made punishable.
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2.Each Member State shall take the necessary measures to ensure that attempting to commit an offence referred to in Article 1(1) and Article 3, with the exception of possession as provided for in Article 1(1)(f) and the offence referred to in Article 1(1)(i), is made punishable.
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Article 5Penalties
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1.Each Member State shall take the necessary measures to ensure that the offences referred to in Articles 1 to 4 are punishable by effective, proportionate and dissuasive criminal penalties, which may entail extradition.
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2.Each Member State shall take the necessary measures to ensure that the terrorist offences referred to in Article 1(1) and offences referred to in Article 4, inasmuch as they relate to terrorist offences, are punishable by custodial sentences heavier than those imposable under national law for such offences in the absence of the special intent required pursuant to Article 1(1), save where the sentences imposable are already the maximum possible sentences under national law.
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3.Each Member State shall take the necessary measures to ensure that offences listed in Article 2 are punishable by custodial sentences, with a maximum sentence of not less than fifteen years for the offence referred to in Article 2(2)(a), and for the offences listed in Article 2(2)(b) a maximum sentence of not less than eight years. In so far as the offence referred to in Article 2(2)(a) refers only to the act in Article 1(1)(i), the maximum sentence shall not be less than eight years.
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Article 6Particular circumstances
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Each Member State may take the necessary measures to ensure that the penalties referred to in Article 5 may be reduced if the offender: (a) renounces terrorist activity, and (b) provides the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to: (i) prevent or mitigate the effects of the offence; (ii) identify or bring to justice the other offenders; (iii) find evidence; or (iv) prevent further offences referred to in Articles 1 to 4.
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Article 7Liability of legal persons
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1.Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the offences referred to in Articles 1 to 4 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on one of the following: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; (c) an authority to exercise control within the legal person.
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2.Apart from the cases provided for in paragraph 1, each Member State shall take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 1 to 4 for the benefit of that legal person by a person under its authority.
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3.Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in any of the offences referred to in Articles 1 to 4.
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Article 8Penalties for legal persons
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Each Member State shall take the necessary measures to ensure that a legal person held liable pursuant to Article 7 is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non-criminal fines and may include other penalties, such as: (a) exclusion from entitlement to public benefits or aid; (b) temporary or permanent disqualification from the practice of commercial activities; (c) placing under judicial supervision; (d) a judicial winding-up order; (e) temporary or permanent closure of establishments which have been used for committing the offence.
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Article 9Jurisdiction and prosecution
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1.Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 1 to 4 where: (a) the offence is committed in whole or in part in its territory. Each Member State may extend its jurisdiction if the offence is committed in the territory of a Member State; (b) the offence is committed on board a vessel flying its flag or an aircraft registered there; (c) the offender is one of its nationals or residents; (d) the offence is committed for the benefit of a legal person established in its territory; (e) the offence is committed against the institutions or people of the Member State in question or against an institution of the European Union or a body set up in accordance with the Treaty establishing the European Community or the Treaty on European Union and based in that Member State.
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2.When an offence falls within the jurisdiction of more than one Member State and when any of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States may have recourse to any body or mechanism established within the European Union in order to facilitate cooperation between their judicial authorities and the coordination of their action. Sequential account shall be taken of the following factors: — the Member State shall be that in the territory of which the acts were committed, — the Member State shall be that of which the perpetrator is a national or resident, — the Member State shall be the Member State of origin of the victims, — the Member State shall be that in the territory of which the perpetrator was found.
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3.Each Member State shall take the necessary measures also to establish its jurisdiction over the offences referred to in Articles 1 to 4 in cases where it refuses to hand over or extradite a person suspected or convicted of such an offence to another Member State or to a third country.
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4.Each Member State shall ensure that its jurisdiction covers cases in which any of the offences referred to in Articles 2 and 4 has been committed in whole or in part within its territory, wherever the terrorist group is based or pursues its criminal activities.
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5.This Article shall not exclude the exercise of jurisdiction in criminal matters as laid down by a Member State in accordance with its national legislation.
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Article 10Protection of, and assistance to, victims
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1.Member States shall ensure that investigations into, or prosecution of, offences covered by this Framework Decision are not dependent on a report or accusation made by a person subjected to the offence, at least if the acts were committed on the territory of the Member State.
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2.In addition to the measures laid down in the Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings1 , each Member State shall, if necessary, take all measures possible to ensure appropriate assistance for victims' families.
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Article 11Implementation and reports
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1.Member States shall take the necessary measures to comply with this Framework Decision by 31 December 2002.
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2.By 31 December 2002, Member States shall forward to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report drawn up from that information and a report from the Commission, the Council shall assess, by 31 December 2003, whether Member States have taken the necessary measures to comply with this Framework Decision.
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3.The Commission report shall specify, in particular, transposition into the criminal law of the Member States of the obligation referred to in Article 5(2).
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Article 12Territorial application
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This Framework Decision shall apply to Gibraltar.
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Article 13Entry into force
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This Framework Decision shall enter into force on the day of its publication in the Official Journal.
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Done at Luxembourg, 13 June 2002.
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For the Council The President M. RAJOY BREY SCHEDULE 2 Offences for purposes of Definitions of “Terrorist Activity” and “Terrorist-Linked Activity”
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Section 4
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.
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PART 1
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(Paragraph (a) of definition of “terrorist activity”) Common law offences 1. The following common law offences: (a) murder; (b) manslaughter; (c) rape.
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Non-fatal offences against the person 2. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997 : (a) section 3 (assault causing harm); (b) section 4 (assault causing serious harm); (c) section 6 (syringe and other attacks); (d) section 12 (poisoning); (e) section 13 (endangerment); (f) section 14 (endangering traffic); (g) section 15 (false imprisonment).
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Offence of torture 3. Any offence under section 2 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 .
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Sexual offences 4. An offence under any of the following provisions of the Criminal Law (Rape) (Amendment) Act 1990 : (a) section 2 (sexual assault); (b) section 3 (aggravated sexual assault); (c) section 4 (rape under section 4).
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Criminal damage 5. Any offence under section 2 (damaging property) of the Criminal Damage Act 1991 .
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Malicious damage 6. An offence under any of the following provisions of the Malicious Damage Act 1861 : (a) section 35 (maliciously obstructing railways); (b) section 36 (obstructing engines or carriages on railways); (c) section 37 (damaging telegraphs); (d) section 48 (removing or concealing buoys, etc.).
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Offences relating to aircraft and vehicles 7. An offence under any of the following provisions: (a) section 11 of the Air Navigation and Transport Act 1973 (unlawful seizure of aircraft); (b) section 3 of the Air Navigation and Transport Act 1975 (unlawful acts against the safety of aviation); (c) section 10 of the Criminal Law (Jurisdiction) Act 1976 (unlawful seizure of vehicles, etc.).
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Offences relating to explosives 8. An offence under any of the following provisions of the Explosive Substances Act 1883 : (a) section 2 (causing explosion likely to endanger life or damage property); (b) section 3 (making or possessing, etc., explosives with intent to endanger life or property); (c) section 4(1) (making or possessing explosives in suspicious circumstances).
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Offences relating to firearms and other weapons 9. An offence under any of the following provisions: (a) section 2 of the Firearms Act 1925 (restrictions on possession, use and carriage of firearms); (b) section 10 of the Firearms Act 1925 (restrictions on manufacture and sale of firearms); (c) section 15 of the Firearms Act 1925 (possessing firearms or ammunition with intent to endanger life or cause serious injury to property); (d) section 26 of the Firearms Act 1964 (possessing firearms while taking vehicle without authority); (e) section 27 of the Firearms Act 1964 (using firearms to resist arrest or aid escape); (f) section 27A of the Firearms Act 1964 (possessing firearms or ammunition in suspicious circumstances); (g) section 27B of the Firearms Act 1964 (carrying firearms with criminal intent).
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Offences relating to chemical weapons, nuclear material and other dangerous substances 10. An offence under any of the following provisions: (a) section 3 of the Chemical Weapons Act 1997 (chemical weapons); (b) section 4 of the Chemical Weapons Act 1997 (possession of listed toxic chemicals and precursors); (c) section 38 of the Radiological Protection Act 1991 (offences relating to nuclear material); (d) section 61 of the Post Office Act 1908 (prohibition of placing injurious substances in or against post office letter boxes); (e) section 63
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(1)(a) of the Post Office Act 1908 (prohibition of sending dangerous substances by post).
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Offences under this Act 11. An offence under any of the following provisions of this Act: (a) section 9 (offence of hostage-taking); (b) section 10 (offence of terrorist bombing); (c) section 11 (offences against internationally protected persons).
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PART 2
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(Paragraph (a)(i) of definition of “terrorist-linked activity”) Aggravated burglary and robbery 12. An offence under any of the following provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 : (a) section 13 (aggravated burglary); (b) section 14 (robbery).
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Blackmail, extortion, etc.
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13.Any offence under section 17 (blackmail, extortion and demanding money with menaces) of the Criminal Justice (Public Order) Act 1994 .
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PART 3
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(Paragraph (b)(i) of definition of “terrorist-linked activity”) Forgery Offences 14. An offence under any of the following provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 in so far as that offence relates to an instrument within the meaning of paragraph (a), (e), (f), (j), (k), (l), (m), (n), (o) or (p) of the definition of “instrument” in section 24 of that Act: (a) section 25 (forgery); (b) section 26 (using a false instrument); (c) section 27 (copying false instrument); (d) section 28 (using copy of false instrument); (e) section 29 (custody or control of certain false instruments, etc.).
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SCHEDULE 3 International Convention Against the Taking of Hostages
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Section 9
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.
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The States Parties to this Convention, HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States, RECOGNIZING in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, REAFFIRMING the principle of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, as well as in other relevant resolutions of the General Assembly, CONSIDERING that the taking of hostages is an offence of grave concern to the international community and that, in accordance with the provisions of this Convention, any person committing an act of hostage taking shall either be prosecuted or extradited, BEING CONVINCED that it is urgently necessary to develop international co-operation between States in devising and adopting effective measures for the prevention, prosecution and punishment of all acts of taking of hostages as manifestations of international terrorism, Have agreed as follows:
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Article 1
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1.Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the “hostage”) in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages (“hostage-taking”) within the meaning of this Convention.
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2.Any person who: (a) Attempts to commit an act of hostage-taking, or (b) Participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking likewise commits an offence for the purposes of this Convention.
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Article 2
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Each State Party shall make the offences set forth in article 1 punishable by appropriate penalties which take into account the grave nature of those offences.
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Article 3
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1.The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure.
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2.If any object which the offender has obtained as a result of the taking of hostages comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof.
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Article 4
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States Parties shall co-operate in the prevention of the offences set forth in article 1, particularly by: (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking of hostages; (b) Exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.
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Article 5
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1.Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article 1 which are committed: (a) In its territory or on board a ship or aircraft registered in that State; (b) By any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in its territory; (c) In order to compel that State to do or abstain from doing any act; or (d) With respect to a hostage who is a national of that State, if that State considers it appropriate.
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2.Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.
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3.This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
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Article 6
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1.Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.
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2.The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to: (a) The State where the offence was committed; (b) The State against which compulsion has been directed or attempted; (c) The State of which the natural or juridical person against whom compulsion has been directed or attempted is a national; (d) The State of which the hostage is a national or in the territory of which he has his habitual residence; (e) The State of which the alleged offender is a national or, if he is a stateless person, in the territory of which he has his habitual residence; (f) The international intergovernmental organization against which compulsion has been directed or attempted; (g) All other States concerned.
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3.Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled: (a) To communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence; (b) To be visited by a representative of that State.
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4.The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.
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5.The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1(b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
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6.The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.
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Article 7
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The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.
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Article 8
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1.The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.
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2.Any person regarding whom proceedings are being carried out in connexion with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.
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Article 9
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1.A request for the extradition of an alleged offender, pursuant to this Convention, shall not be granted if the requested State Party has substantial grounds for believing: (a) That the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, ethnic origin or political opinion; or (b) That the person's position may be prejudiced: (i) for any of the reasons mentioned in subparagraph (a) of this paragraph, or (ii) for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.
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2.With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.
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Article 10
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1.The offences set forth in article 1 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
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2.If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State may at its option consider this Convention as the legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State.
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3.States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 1 as extraditable offences between themselves subject to the conditions provided by the law of the requested State.
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4.The offences set forth in article 1 shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 5.
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Article 11
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1.States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the offences set forth in article 1, including the supply of all evidence at their disposal necessary for the proceedings.
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2.The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.
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Article 12In so far as the Geneva Conventions of 1949 for the protection of war victims1
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or the Protocols Additional to those Conventions2 are applicable to a particular act of hostage-taking, and in so far as States Parties to this Convention are bound under those conventions to prosecute or hand over the hostage-taker, the present Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of 1977, in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.
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Article 13
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This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.
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Article 14
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Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.
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Article 15
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The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those treaties.
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Article 16
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1.Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
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2.Each State may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.
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3.Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
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Article 17
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1.This Convention is open for signature by all States until 31 December 1980 at United Nations Headquarters in New York.
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2.This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
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3.This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
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Article 18
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1.This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
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2.For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
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Article 19
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1.Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
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2.Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.
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Article 20
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The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
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IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 18 December 1979.
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SCHEDULE 4 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents
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Section 11
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The States Parties to this Convention, Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation among States, Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States, Believing that the commission of such crimes is a matter of grave concern to the international community, Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes, Have agreed as follows:
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Article 1For the purposes of this Convention:
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1.“Internationally protected person” means: (a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him; (b) any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;
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2.“Alleged offender” means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in article 2.
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Article 21. The intentional commission of:
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(a) a murder, kidnapping or other attack upon the person or liberty of an internationally protected person; (b) a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty; (c) a threat to commit any such attack; (d) an attempt to commit any such attack; and (e) an act constituting participation as an accomplice in any such attack; shall be made by each State Party a crime under its internal law.
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2.Each State Party shall make these crimes punishable by appropriate penalties which take into account their grave nature.
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3.Paragraphs 1 and 2 of this article in no way derogate from the obligations of States Parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.
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Article 3
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1.Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set forth in article 2 in the following cases: (a) when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State; (b) when the alleged offender is a national of that State; (c) when the crime is committed against an internationally protected person as defined in article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that State.
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2.Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.
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3.This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
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Article 4
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States Parties shall co-operate in the prevention of the crimes set forth in article 2, particularly by: (a) taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; (b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.
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Article 5
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1.The State Party in which any of the crimes set forth in article 2 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory, communicate to all other States concerned, directly or through the Secretary-General of the United Nations, all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender.
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2.Whenever any of the crimes set forth in article 2 has been committed against an internationally protected person, any State Party which has information concerning the victim and the circumstances of the crime shall endeavour to transmit it, under the conditions provided for in its internal law, fully and promptly to the State Party on whose behalf he was exercising his functions.
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Article 6
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1.Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to: (a) the State where the crime was committed; (b) the State or States of which the alleged offender is a national or, if he is a stateless person, in whose territory he permanently resides; (c) the State or States of which the internationally protected person concerned is a national or on whose behalf he was exercising his functions; (d) all other States concerned; and (e) the international organization of which the internationally protected person concerned is an official or an agent.
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2.Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled: (a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, which he requests and which is willing to protect his rights; and (b) to be visited by a representative of that State.
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Article 7
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The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.
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Article 8
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1.To the extent that the crimes set forth in article 2 are not listed as extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein. States Parties undertake to include those crimes as extraditable offences in every future extradition treaty to be concluded between them.
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2.If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may, if it decides to extradite, consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the procedural provisions and the other conditions of the law of the requested State.
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3.States Parties which do not make extradition conditional on the existence of a treaty shall recognize those crimes as extraditable offences between themselves subject to the procedural provisions and the other conditions of the law of the requested State.
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4.Each of the crimes shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3.
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Article 9
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Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in article 2 shall be guaranteed fair treatment at all stages of the proceedings.
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Article 10
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1.States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the crimes set forth in article 2, including the supply of all evidence at their disposal necessary for the proceedings.
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2.The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.
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Article 11
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The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.
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Article 12
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The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties.
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Article 13
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1.Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
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2.Each State Party may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.
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3.Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
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Article 14
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This Convention shall be opened for signature by all States, until 31 December 1974 at United Nations Headquarters in New York.
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Article 15
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This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
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Article 16
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This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
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Article 17
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1.This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
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2.For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
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Article 18
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1.Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
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2.Denunciation shall take effect six months following the date on which notification is received by the Secretary-General of the United Nations.
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Article 19The Secretary-General of the United Nations shall inform all States, inter alia:
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(a) of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16 and of notifications made under article 18; (b) of the date on which this Convention will enter into force in accordance with article 17.
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Article 20
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The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
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In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973.
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SCHEDULE 5 International Convention for the Suppression of Terrorist Bombings
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Section 10
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The States Parties to this Convention, Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States, Deeply concerned about the worldwide escalation of acts of terrorism in all its forms and manifestations, Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995, Recalling also the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, “the States Members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States”, Noting that the Declaration also encouraged States “to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter”, Recalling further General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, annexed thereto, Noting also that terrorist attacks by means of explosives or other lethal devices have become increasingly widespread, Noting further that existing multilateral legal provisions do not adequately address these attacks, Being convinced of the urgent need to enhance international cooperation between States in devising and adopting effective and practical measures for the prevention of such acts of terrorism and for the prosecution and punishment of their perpetrators, Considering that the occurrence of such acts is a matter of grave concern to the international community as a whole, Noting that the activities of military forces of States are governed by rules of international law outside the framework of this Convention and that the exclusion of certain actions from the coverage of this Convention does not condone or make lawful otherwise unlawful acts, or preclude prosecution under other laws, Have agreed as follows:
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Article 1For the purposes of this Convention:
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1.“State or government facility” includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.
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2.“Infrastructure facility” means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel or communications.
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3.“Explosive or other lethal device” means: (a) An explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or (b) A weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material.
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4.“Military forces of a State” means the armed forces of a State which are organized, trained and equipped under its internal law for the primary purpose of national defence or security, and persons acting in support of those armed forces who are under their formal command, control and responsibility.
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5.“Place of public use” means those parts of any building, land, street, waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public.
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6.“Public transportation system” means all facilities, conveyances and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo.
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Article 2
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1.Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility: (a) With the intent to cause death or serious bodily injury; or (b) With the intent to cause extensive destruction of such a place, facility or system, where such destruction results in or is likely to result in major economic loss.
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2.Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1.
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3.Any person also commits an offence if that person: (a) Participates as an accomplice in an offence as set forth in paragraph 1 or 2; or (b) Organizes or directs others to commit an offence as set forth in paragraph 1 or 2; or (c) In any other way contributes to the commission of one or more offences as set forth in paragraph 1 or 2 by a group of persons acting with a common purpose; such contribution shall be intentional and either be made with the aim of furthering the general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the offence or offences concerned.
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Article 3
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This Convention shall not apply where the offence is committed within a single State, the alleged offender and the victims are nationals of that State, the alleged offender is found in the territory of that State and no other State has a basis under article 6, paragraph 1 or article 6, paragraph 2, of this Convention to exercise jurisdiction, except that the provisions of articles 10 to 15 shall, as appropriate, apply in those cases.
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Article 4Each State Party shall adopt such measures as may be necessary:
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(a) To establish as criminal offences under its domestic law the offences set forth in article 2 of this Convention; (b) To make those offences punishable by appropriate penalties which take into account the grave nature of those offences.
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Article 5
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Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention, in particular where they are intended or calculated to provoke a state of terror in the general public or in a group of persons or particular persons, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature.
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Article 6
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1.Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when: (a) The offence is committed in the territory of that State; or (b) The offence is committed on board a vessel flying the flag of that State or an aircraft which is registered under the laws of that State at the time the offence is committed; or (c) The offence is committed by a national of that State.
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2.A State Party may also establish its jurisdiction over any such offence when: (a) The offence is committed against a national of that State; or (b) The offence is committed against a State or government facility of that State abroad, including an embassy or other diplomatic or consular premises of that State; or (c) The offence is committed by a stateless person who has his or her habitual residence in the territory of that State; or (d) The offence is committed in an attempt to compel that State to do or abstain from doing any act; or (e) The offence is committed on board an aircraft which is operated by the Government of that State.
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3.Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established in accordance with paragraph 2 under its domestic law. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.
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4.Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2.
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5.This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
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Article 7
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1.Upon receiving information that a person who has committed or who is alleged to have committed an offence as set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.
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2.Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.
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3.Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled to: (a) Communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides; (b) Be visited by a representative of that State; (c) Be informed of that person's rights under subparagraphs (a) and (b).
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4.The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.
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5.The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 6, subparagraph 1(c) or 2(c), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
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6.When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with article 6, paragraphs 1 and 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.
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Article 8
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1.The State Party in the territory of which the alleged offender is present shall, in cases to which article 6 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.
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2.Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.
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Article 9
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1.The offences set forth in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.
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2.When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.
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3.States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 2 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.