Scope Of The European Convention On Extradition

Original Language Title: Geltungsbereich des Europäischen Auslieferungsübereinkommens

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

121. Presentation of the Federal Chancellor concerning the scope of the European Convention on extradition

According to the Secretary-General of the Council of Europe, the Republic of Korea, on 29 September 2011, has its instrument of accession to the European Convention on extradition (BGBl). No. 320/1969, last proclamation of the BGBl area. III No 105/2009), and on the occasion of which the following reservations have been declared, or Statements made:

With regard to Art. 2 of the Convention, the Republic of Korea reserves the right to refuse the extradition of a person sought to execute a detention order, which is limited to freedom of liberty, if that person is Measure system of the requesting State with purpose, requirements, duration, effect, etc. the rule of law of the Republic of Korea is incompatible with the rule of law limiting the freedom of security and improvement.

With regard to Article 12 of the Convention, if the request for extradition relates to a person not yet found guilty, the Republic of Korea reserves the right to request documents which may have sufficient reason to do so. on the assumption that the requested person has committed the act which is requested for extradition. Extradition may be refused if there are no reasonable grounds for believing that the person has committed the extraditable criminal offence.

With regard to Article 2 (1) of the Convention, the Republic of Korea declares that the term 'reasonable penalty' means the measure of the sentence still to be served. It does not refer to the extent of the sentence originally imposed.

The Republic of Korea declares that if it gives the assurance pursuant to Art. 11 of the Convention, the death penalty will not be enforced even if it has been imposed by a court of the Republic of Korea.

With regard to Article 16 (3) of the Convention, the Republic of Korea declares that it has requested a request for provisional arrest on the diplomatic route or directly on the Ministries of Justice of the Parties and not on the International Criminal police organization will send.

With regard to Art. 21 (5) of the Convention, the Republic of Korea reserves the right to grant the transit under the conditions governing the delivery.

According to further communications from the Secretary-General of the Council of Europe, the following countries have withdrawn their reservations, or modified their declarations:

Germany 1 :

In addition to the declaration pursuant to Art. 28 (3) of the European Convention on extradition of 17 August 2004, the Federal Government declares that the law implementing the framework decision on the European arrest warrant and the surrender procedures between the Member States of the European Union (European Arrest Warrant Act-EuHbG) following a decision of the Federal Constitutional Court of 18 July 2005 with the law of 20 July 2006. The new law came into force on 2 August 2006.

In amending the Declaration of 17 August 2004, the Federal Government declares that the provisions of the European arrest warrant shall, as from 23 August 2004, be subject to the relevant provisions of the European Convention on extradition of 13 December 1957 and in the European Convention on Arrest and Justice, two additional protocols of 15. October 1975 and 17 March 1978 in the mutual relations between Germany and the other Member States of the European Union. They shall be applicable in relation to another Member State of the European Union only if the Framework Decision is not applicable. The same applies to bilateral agreements concluded by the Federal Republic of Germany with individual Member States.

Luxembourg 2 :

Luxembourg, on 15 February 2012, withdrew its declaration on Article 28 (3).

Netherlands 3 :

The reservations and declarations of the Kingdom of the Netherlands were made on 14 February 1969 and are due to take place on 15 February 1969. October 1987, as amended, on Aruba and subsequently on the Netherlands Antilles, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) in their relations with the Netherlands. States with which agreements have been concluded on the extension of the Convention:

Sweden, 8 July 1993 and 29 July 1993

Liechtenstein, 30 June 1993 and 29 September 1993

Switzerland, on the 20th October 1993 and 28. October 1993

Luxembourg, 20 September 1993 and 22 November 1993

France, 30 July 1993 and 22 November 1993

Italy, 8 June 1993 and 21 December 1993

Turkey, 19 January 1994 and 3 February 1994

Denmark, 20 January 1994 and 4 February 1994

Norway, 26 January 1994 and 18 February 1994

Cyprus, 3 August 1993 and 3 March 1994

Czech Republic, 20 July 1993 and 21 February 1994

Greece, 21 September 1993 and 16 June 1994

Slovakia, 20 July 1993 and 30 June 1994

Iceland, 26 January 1994 and 22 July 1994

Austria, 22 July 1994 and 28 July 1994

Spain, 11 November 1993 and 24 November 1994

United Kingdom of Great Britain and Northern Ireland, 8 November 1994 and 4 November 1994

Israel, 28 February 1994 and 31 July 1995

Portugal, 6 July 1995 and 29 August 1995

Croatia, 16. October 1995 and 12 February 1996

Hungary, 28 March 1996 and 2 April 1996

Finland, 5 February 1996 and 4 July 1996

Bulgaria, 29 March 1996 and 17 July 1996

Taking into account the existing relations in public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), the term has 'Motherland', used in Article 27 (1) of the present Convention, no longer uses its original meaning with regard to the Kingdom of the Netherlands and should therefore, as far as the Kingdom is concerned, refer to the 'European part'.

Serbia 4 :

On 4 February 2011, Serbia made its statements on Article 6 (1) (lit). a and Art. 21 (2) withdrawn.

Furthermore, on 10 February 2010, the Secretary-General of the Council of Europe sent the following joint letter from the Minister of Justice of Belgium 5 and the Netherlands 3 shall notify the Contracting Parties to the Convention:

On 1 February 2010, an agreement entered into force between the Kingdom of the Netherlands and the Kingdom of Belgium, in which the Netherlands Belgium, a prison located on Dutch territory (Tilburg), for the execution of Belgium in accordance with Belgian law, provides for criminal sentences. The Convention shall in principle apply until 31 December 2012, but the period of validity may be shortened or extended until 31 December 2011 or extended until 31 December 2013.

The Convention contains a special regime for criminal cooperation with third countries. Article 18 of the Convention relates to criminal acts, at the request of third countries, relating to Belgian detainees held in prison on Dutch territory. According to paragraph 1 of this provision, the Netherlands will not examine requests for extradition and/or requests for mutual assistance from third countries, but will send them to Belgium. This agreement is the reaction to other provisions of the Convention, according to which the judiciary and other authorities in the Netherlands do not normally deal with prisoners of the Tilburg prison.

In this context, Belgium and the Netherlands announce the following:

Request for extradition and provisional arrest

We recommend that the parties to the European Convention on Extradition request extradition and provisional arrest of persons detained in the prison of Tilburg, exclusively to the Belgian authorities after the 31 December 2008. The Convention on the Provision of a Prison in the Netherlands to the Netherlands for the Enforcement of Enforcement under Belgian Law, concluded in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, was concluded in October 2009. Send custodial sentences. If the Dutch authorities continue to receive requests for the extradition or provisional arrest of these persons, they will not treat them, but will send them to the Belgian authorities for further action.

Calls for tenders on Interpol for extradition and requests for the provisional arrest of persons who are in the prison in Tilburg are not carried out in the Netherlands.

Requests for legal assistance

We recommend that the central and judicial authorities of the States Parties to the Convention on Mutual Assistance in Criminal Matters only request the relevant Belgian authorities to provide legal assistance with regard to the Tilburg Prison in accordance with the provisions of the 31 December 2008. The Convention on the Provision of a Prison in the Netherlands to the Netherlands for the Enforcement of Enforcement under Belgian Law, concluded in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, was concluded in October 2009. Send custodial sentences. However, if requests for legal assistance relating to such persons are sent to the Netherlands, they shall be forwarded to the competent authorities of the Kingdom of Belgium.

Faymann