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 annexes]

[Additional protocol in English language version see annexes]

[Additional protocol in French language version see annexes]

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 Article 9 (3) of that Treaty for Austria. June 2016, in force.

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

" On Art. 1:

Austria declares, in accordance with Article 10 (3), that it reserves the right not to apply Article 10 (2) if the request for extradition is based on criminal acts which, under Austrian law, are subject to jurisdiction, provided that the Criminal prosecution or sentence would be barred according to its legislation.

On Art. 3:

Austria declares, in accordance with Article 14 (3), 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 conditions laid down in paragraph 3 (3). (a) and (b) may be limited to a request for consent pursuant to paragraph 1 (1). a put it. "

Following communications from 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 reservations. Statements made:

Latvia:

Declaration

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 Party which has made the same declaration shall have the personal freedom of the Contracting Party. to a person who has been delivered to another person prior to the surrender shall be deemed to be the person on which the extradition is based, if the requesting Contracting Party has received 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.

Reservation

In accordance with Article 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 referred to in Article 10 (3) of the Convention, to be entitled to Article 10 (2) of the Convention. b do not apply the Convention as amended by Article 1 of the Fourth Additional Protocol.

Slovenia:

Declaration

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

United Kingdom:

Reservation

According to Article 6 (3) of the Fourth Additional Protocol, the United Kingdom Government declares that it is for the purposes of Article 12 and Article 14 (1) lit. a of the Convention reserves the right to request the original or a certified copy of the request and the documents.

Declaration

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.

Declaration

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 have the personal freedom of the person being delivered in the cases of the Article 14 (3) may be limited.

Faymann