Internationally Protected Persons Act 1993

Link to law: http://laws.gov.ag/acts/1993/a1993-14.pdf

No. 14 of 1993. The Internationally Protected Persons ANTIGUA
Act, 1993. AND

BARBUDA

[L. S.]

3. T. Carrott,
Governor-General's Deputy.

26th May, 1993.

ANTIGUA AND BARBUDA

No. 14 of 1993.

AN ACT to give effect to the Convention on the Prevention
of Crimes against Internationally Protected Persons, including
Diplomatic Agents, adopted by the United Nations General
Assembly in 1973 and for matters incidental to that Convention.

[ 10th June, 1993 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows-

1. This Act may be cited as the Internationally Protected Shorttitle.
Persons Act, 1993.

2. (1) In this Act - Interpretation.

"the Convention" means the Convention on the Preven-
tion and Punishment of Crimes against Internationally
ProtectedPersons, including Diplomatic Agents, adopted
by the United Nations General Assembly in 1973;

"protected person" in relation to alleged act or omission
that constitutes a crime by virtue of or against any of
sections 3 to 6 means -

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(a) a person who, at the time of the time of the alleged
act or omission is -

(i) a Head of State; or

(ii) a member of a body that performs the
functions of a Head of State under that
Constitution of the State; or

(iii) a Head of Government; or

(iv) a Minister of Foreign Affairs,

and is outside the territory of the State in which he
holds office;

(b) a member of the family of any person referred to in
paragraph (a) who is accompanying that person;

(c) a person who, at the time of the act or omission, is -

(i) a representative or an official of a State; or

( i i ) an official or agent of an international
organisation of an inter-governmental char-
acter,

and is entitled under international law to special
protection from attack on his person, freedom or
dignity;

(d) a member of the family of any person referred to in
paragraph (c) who is a member of that person's
household;

"relevant premises" means premises at which a protected
person resides or is staying or which a protected person
uses for the purpose of carrying out his functions as such
a person; and

"vehicle" includes any means of conveyaim.

(2) In sub-paragraph (1) (a) (i), the term "Iied of State"
includes, in relation to any Commonwealth country of which
Her Majesty the Queen is Head of State, the Governor-General

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or other person who performs the functions of the Head of State
as Her Majesty's representative.

3. (1) Without prejudice to Ihe provisions of any law every
one commits an offence who, whetiier in or outside Antigua and
Bsbuda, does or omits to do any act to, in relation to, any person
who he knows to be a protected person if that act or ommission
constitutes, or would, if done or omitted to be done in Antigua
and Barbuda, constitute -

(a) a crime referred to or described in the First Sched-
ule; or

(b) an attempt to commit any such offence (where the
offence is not itself constituted by amere attempt).

(2) Everyone who commits an offence under this section is
liable on conviction on indictment to the same penalty to which
he would have been liable had he been charged with an offence
under the offences against the Persons Act (Cap. 58).

4. (1) Without prejudice to the provisions of any other
enactment, everyone commits an offence who, whether in or
whether inor out of AntiguaandBarbudadoes or o m todo any
act -

(a) to or in relation to -

(i) any relevant premises; or

( i i ) any vehicle that is usedby aprotectedperson,

while a pretected person is present in those pre-
mises or that residence or vehicle; and

(b) which constitutes or would, if done or omitted to be
done in Antigua and Barbuda constitute -

(i) a crime referred to or described in the Fist
Schedule; or

ANTIGUA
AND

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Offences against
persons.

Offences against
premises or
vehicles.

(ii) an attempt to commit any such offence
(where the offence isnot itself constituted by
a mere attempt).

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(2) Everyone who commits an offence under this section is
liable on conviction on indictment to the same penalty to which
he would have been liable had he been charged with an offence
under the Offences against the Persons Act (Cap. 58) or any
enactment relating to an offence against property.

Threats against
person.

Threats against
premises or
vehicles.

Prosecution need
not prove certain
matters.

5. (1) Everyone commits an offence who whether in or
outside Antigua and Barbuda threatens to do any act -

(a) to, or in relation to, any person whom he knows to
be a protected person; and

(b) which constitutes an offence under section 3.

(2) Everyone who commits an offence under this section is
liable on conviction on indictment to imprisonment for a term
of seven years.

6. (1) Everyone commits an offence who, whether in or
outside Antigua and Barbuda, threatens to do any act -

(a) to, or in relation to -

(i) any relevant premises; or

(ii) any vehicle that he knows is used by a
protected person; and

(b) which constitutes an offence under section 4.

(2) Everyone who commits an offence under this section is
liable on conviction on indictment to imprisonment for a term
of five years.

7. Notwithstanding anything in sections 3 to 6, in any
proceedings brought under any of those sections, it shall not be
necessary for the prosecution to prove any of the following
matters -

(a) in respect to any protected person to whom section
2(1) (a) or (c) of the definition of ahat term applies,
that the accusedknew that at the t h e of the alleged
offence, the identity of that persos of the capacity
in which he was a protected person;

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(b) in respect of any protected person to whom section
2(1) (b) of that definition applies, that the accused
knew, at the time of the alleged offence, that the
protected person to whom section 2(1) (a) of that
definition applies;

(c) in respect of any protected person to whom section
2 (1) (c) of that definition applies, that the accused
knew at the time of the alleged offence, that the
protected person was entitled under international
law to special protection from attack on his person,
freedom or dignity;

(d) in respect of any protected person to whom section
2(1) (d) of that definition applies, that the accused
knew, at the h e of the alleged offence, that the
protected person was a member of the house-hold
of any other person referred to in section 2(1) (c) of
that definition.

841) Subject to subsection (2), no proceedings for the trial c0,,,t of
and punishment of any person charged with an offence under any Director of Public
of the provisions of sections 3 to 6 shall be instituted in any court
except with the consent of the Director of Public Prosecutions.

(2) A person charged with an offence under any of those
provisions may be arrested, or a warrant for his arrest may be
issued and executed, and he may be remanded in custody or bail,
notwithstanding that the consent of the Director of Public
Prosecutions to the institution of a prosecution for the offence
shall be taken until that consent has been obtained.

9. For any purpose in connection with this Act, a certificate Evidence.
given by the Minister charged with responsibility for Foreign
Affairs certifying -

(a) any fact relevant to the questions of whether a
person was or was not a protected person at any
material time; or

(b) that any country is or is not, or was not at any
material time, a party to the Convention; or

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(c) that. the Government of any country is or is not, or
was or was not at any material time, responsible for
the international relations of any territory,

shall be sufficient evidence of that fact.

Purposes and 10. This Act is remedial and shall be given such fair, large and
construction. liberal construction arid interpretation as best ensure the attain-

ment of the purposes of the Convention the text of which is
Second Schedule. contained in the Second Schedule.

FIRST SCHEDULE Section 3

DESCRIPTION OF OFFENCES

1. Culpable homicide, including murder, manslaughter and causing death by
criminal negligence.

2. Maliciously or wilfully wounding or inflicting grievous bodily harm.

3. Assault occasioning actual bodily ham,.

4. Rape and attempt to commit rape.

5. Kidnapping, abduction or false imprisonment.

6. Arson.

7. Malicious or wilful damage to property.

SECOND SCHEDULE (Section 10)

CONVENTION ON THE PREVENTION AND PUNISHMENT OF
CRIMES AGAINST INTERNATIONALLY PROTECTED

PERSONS, INCLUDING DIPLOMATIC AGENTS

The General Assembly

Considering that the codification and progressive development of interna-
tional law contributes to the implementation of the purposes and principles set
forth in Articles 1 and 2 of the Charter of the United Nations.

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Recalling that the response to therequest made in General Assembly resolution
2780 (XXVI) of 3 December 1971, the international Law Commission, at its
twenty-fourth session, studied the question of the protection and inviolability of
diplomatic agents and other persons entitled to special protection under interna-
tional law and prepared draft articles on the prevention and punishment of crimes
against such persons.

Having considered the draft articles and also the comments and observations
thereon submitted by States, specialized agencies and other intergovernmental
organizations in response to the invitation extended by the General Assembly in
its resolution 2926 (XXVII) of 28 November 1972.

Convinced of the importance of securing international agreement on appropri-
ate and effective measures for the prevention and punishment of crimes against
diplomatic agents and other internationally pr~iected persons in view of the serious
threat to the maintenance and promotion of friendly relations and co-operation
mong States created by the commission of such crimes,

Having elaborated for that purpose the provisions contained in the Convention
annexed hereto.

1. Adopts the Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents, annexed to the
present resolution;

2. Re-emphasizes the great importance of the rules of international law
concerning the inviolability of and special protection to be afforded to internation-
ally protected persons and the obligations of States in relation thereto;

3. Considers that the annexed Convention will enable States to carry out their
obligations more effectively;

4. Recognizes that the provisions of the annexed Convention could not in any
way prejudice the exercise of the legitimate right to self-determination and
independence, in accordance with the purposes and principles of 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, by peoples struggling against colonialism, alien
domination, foreign occupation, racial discrimination and apartheid;

5. Invites States to beome parties to the annexed Convention;

6. Decides that the present resolution, whose provisions are related to the
anlmexed Convention, shall always be published together with it.

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ANNEX

CONVENTION ON THE PREVENTION AND PUNISHMENT OF
CRIMES AGAINST INTERNATIONALLY PROTECTED

PERSONS, INCLUDING DIPLOMATIC AGENTS

The States Parties to this Convention,

Having inmind 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,

Article 1

For the purposes of this Convention:

1. "Internationally protected person " means:

(a) A Headof State, including any member of acollegial 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 inter-governmental 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 trans-
port is committed, is entitled pursuant to international law to special
protection from attack on his person, freedom or dignity, as well as
members of the family forming part of his household.

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 2

1. The international commission of:

(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 accommoda-
tion 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.

2. Each State Party shall make these crimes punishable by appropriate penalties
which take into account their grave nature.

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.

Article 3

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 virlue
of functions which he exercises on behalf of that State.

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
h e 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.

Article 4

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 administra-
tive and other measures as appropriate to prevent the commission of
those crimes.

Article 5

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.

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 international law, fully and
promptly to the State Party on whose behalf he was exercising his functions.

Article 6

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 OP, if
he is a stateless person, in whose temitoty he pmmendy resides;

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(c) The State or States of which the internationally protected person
concerned is a national or on whose behalf he was exercising his
function;

(d) All other States concerned; and

(e) The international organization of which the internationally protected
person concerned is an official or an agent.

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 represen-
tative of the State of which he is a national or which is otherwise
entitied 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.

Article 7

The State Party in whose territory the allegedoffender 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.

Article 8

1. To the extent that the crimes set f ~ r t h in Article 2 are not listed as extraditable
offences in any extradition treaty existing between State Parties, they shall be
deemed to be included as such therein. States Parties undertake to include those
crimes as extraditable in every future extradition treaty to be concluded between
them.

2. If a State Party which makes extradition conditional on the existence of a
treaty receives arequest 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.

3. States Parties which do not made extrahtion 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 committednot 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.

Article 9

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.

Article 10

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.

2. The provisions of paragraph 1 of this Article shall not affect obligations
concerning mutual judicial assistance embodied in any other treaty.

Article 11

The State Party where an alleged offender is prosecuted shall communicate the
final outcome of the proczedings to the Secretary-General of the United Nations,
who shall transmit the information to the other States Partics.

Article 12

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.

Article 13

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 signatureof ratificationof this Convention
or assession 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.

3. Any State Party which has made a reservation in accordance with paragraph
2 of this Article may at any time withdraw that reservaf on by notification to the
Secretary-General of the United Nations.

Article 14

This Convention shall be open for signature by all States, until 31 December
1974 at United Nations Headquarters in New York.

Article 15

This Convention is subject to ratification. The instruments of ratification shall
be deposited with the Secretary-General of the United Nations.

Article 16

This Convention shall remain open for accession by any State. The instruments
of accessioii shall be deposited with the Secretary-General of the United Nations.

Article 17

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.

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.

Article 18

1. Any State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations.

2. Denunciation shall take effect six months following the date on which
notification is received by the secretary-General of the United Nations.

Article 19

Thc Sccretrwy-General of the United Nations shall inform all States,inter alia:

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(a) Of signature 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.

Article 20

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 all States.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto by
their respective Governments, have signed this Convention, opened for signature
at New York on 14 December 1973.

Passed the House of Representatives Passed the Senate thisl4th
this 26th day of April, 1993. day of May, 1993.

C. L. Murray,
Speaker.

William A. Robinson,
Vice-President.

L. A. Dowe, L. A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Acting Government Printer,

-By Authority, 1993.
8 0 0 4 . 9 3 [Price $5.751
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