Fourth Additional Protocol To The European Convention On Extradition

Original Language Title: Viertes Zusatzprotokoll zum Europäischen Auslieferungsübereinkommen

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Fourth Additional Protocol to the European Convention on extradition

[Additional protocol in German-language translation see attachments]

[Additional protocol in English language version see attachments]

[Additional protocol in French language version see attachments]

The instrument of ratification signed by the Federal President and countersigned by the Federal Chancellor was deposited with the Secretary-General of the Council of Europe on 1 February 2016; the Fourth Additional Protocol shall enter into force in accordance with Art. 9 Section 3 for Austria as of 1 June 2016 in force.

On the occasion of the deposit of its instrument of ratification, the Republic of Austria has made the following statements:

" To Art. 1:

accordance with Article 10 (3),

Austria declares that it reserves the right not to apply Article 10 (2) if the request for extradition is based on criminal acts for which it is governed by Austrian law. jurisdiction shall be provided if the prosecution or enforcement of the law is statute-barred in accordance with its legislation.

To Art. 3:

accordance with Article 14 (3),

Austria declares that, by way of derogation from paragraph 1, a requesting Contracting Party which has made the same declaration shall be subject to the personal freedom of the person being delivered under the provisions of paragraph 3 (3).  (a) and (b) may be limited to a request for consent pursuant to paragraph 1 (1).  a set. "

According to the Communications of the Secretary-General of the Council of Europe, the following additional states have ratified the Fourth Additional Protocol:

Albania, Latvia, Serbia, Slovenia, United Kingdom.

On the occasion of the deposit of their instrument of ratification, the following states have expressed reservations, or Statements made:

Latvia:

Statement

Latvia declares, in accordance with Article 3 of the Fourth Additional Protocol and Article 14 (3) of the Convention, as amended by the Fourth Additional Protocol, that the requesting Contracting Party, which issued the same declaration, shall: personal freedom of the person being delivered may be limited to an act committed before the surrender other than that which is the basis of the extradition, if the requesting Contracting Party receives a request for consent pursuant to Art. 14 (1) (lit).  a of the Convention, as amended by the Fourth Additional Protocol, and in accordance with the provisions of Article 14 (3) (3).  a and b of the Convention as amended by the Fourth Additional Protocol.

Caveat

accordance with Art. 1 of the Fourth Additional Protocol and Article 10 (3) of the Convention as amended by the Fourth Additional Protocol, Latvia reserves the right, in the cases of Art. 10 (2) of the Convention, to the Convention as amended by Article 10 (2) of the Convention. 3 lit.  Do not apply the Convention as amended by Art. 1 of the Fourth Additional Protocol.

Slovenia:

Statement

Slovenia declares in accordance with Article 14 (3) of the Convention, pursuant to Article 3 of the Fourth Additional Protocol, Article 14 (3) of the Replaced Convention in relation to other States Parties which have made the same declaration to apply.

United Kingdom:

Caveat

In accordance with Article 6 (3) of the Fourth Additional Protocol, the Government of the United Kingdom declares that it is in favour of the purposes of Articles 12 and 14 (1) (1).  a of the Convention reserves the right to request the original or a certified copy of the request and the documents.

Statement

The United Kingdom Government, acting in accordance with Article 2 (1) of the Fourth Additional Protocol, appoints the Home Office (Home Office) as the competent authority for the Transmission and reception of extradition requests.

Statement

The United Kingdom Government declares, in accordance with Article 14 (3) of the Convention, that Article 14 (3) of the Convention provides that the requesting Party shall enjoy the personal freedom of the parties to the Convention. in the cases of the replaced Article 14 (3).

Faymann