22 AVRIL 1997. - An Act to: (a) European Extradition Convention, made in Paris on 13 December 1957; (b) Additional Protocol to the European Convention on Extradition, done at Strasbourg on 15 October 1975; (c) Second Additional Protocol to the European Convention on Extradition, done at Strasbourg on 17 March 1978, and (d) Agreement between the Member States of the European Communities on the simplification and modernization of modes of transmission of extradition requests, made in San Sebastian on 26 May 1989. Corrigendum and erratum

I. CORRIGENDUM
A. EUROPEAN CONVENTION OF EXTRADITION,
DATED 13 DECEMBER 1957;
The following corrections are to be made to the Belgian Monitor No. 222 of 22 November 1997, from page 31026.
In the French version of the Convention, you must write the words "Convention", "Contracting Party" and "General Secretary of the Council of Europe" always with a capital.
In article 2, paragraph 4 of the French text, a quote between "d" and "accession" must be put in order to read "accession".
In article 9, the last sentence of the Dutch text, you must replace the word "de" with "te" to read "... geen vervolging in te stellen".
In the last sentence of Article 13 of the French text, the verb "finance" must be replaced by the verb "fix".
In article 14, paragraph 2, of the French text, a apostrophe between "d" and "one" must be put in order to read "on the one hand".
In article 20, first paragraph, point (b) of the French text, a sharp emphasis must be placed on the letter "e" of the word "situs" in order to read "successed".
In article 21, paragraph 4, point (a) of the French text, an atrophe must be put between "l" and "existence" in order to read "existence".
In article 21, paragraph 6 of the Dutch text, the word "al" must be replaced by the word "of".
The title of Article 25 of the Dutch text is: "Definitie van de term "maatregelen".
The following article "27" bears the number "28" instead of "25". In the title of Article "28" of the Dutch text, the word "tusselt" must be replaced by the word "tussen".
B. ADDITIONAL PROTOCOL TO THE EUROPEAN EXTRADITION CONVENTION,
DATED 15 OCTOBER 1975;
The following corrections are to be made to the Belgian Monitor No. 222 of 22 November 1997, from page 31033.
In the French version of the Protocol, you must write the words "Contracting Party", "European Committee for Criminal Issues of the Council of Europe" and "General Secretary of the Council of Europe" always with a capital.
In the last sentence of Article 3, paragraph 1 of the French text, the article "la" must be replaced by the article "le" before the words "Secretary General of the Council of Europe". In paragraph 2 of the same French text, the word "between" should be replaced by the word "between".
In Article 5, the first paragraph of the French text, there is a lack of the term "approval" between the words "acceptance" and "or accession" in order to read ". of ratification, acceptance, approval or accession .".
In Article 6, the first paragraph of the French text, there is a lack of the term "approval" between the words "acceptance" and "or accession" in order to read ". of ratification, acceptance, approval or accession".
In article 9, point (b), of the French text, there is a lack of the term "approval" between the words "acceptance" and "or accession" in order to read ". of ratification, acceptance, approval or accession," . In point (g), the word "of" must be replaced by the word "and" in order to read "... Article 8 and the date on which the denunciation..."
C. SECOND ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION OF EXTRADITION,
DATED 17 MARCH 1978;
The following corrections are to be made to the Belgian Monitor No. 222 of 22 November 1997, from page 31035.
In the French version of the Second Protocol, you must write the words "Contracting Party", "Party", Ministry of Justice", "European Committee for Criminal Problems of the Council of Europe", "Letter" and "General Secretary of the Council of Europe" always with a capital.
In article 2, the introductory sentence of the French text, an acute emphasis must be placed on the second letter "e" of the word "replaces" in order to read "replaced"; In point 2, a sharp emphasis should be placed on the second letter "e" of the word "requerante" in order to read "appeal".
In article 5 of the French text, an acute emphasis must be placed on the first letter "e" of the word "form" to read "specified".
____
Note
(1) See the Belgian Monitors of 22 November 1997, 28 February 1998 and 27 November 1998.

II. ERRATUM
A. EUROPEAN CONVENTION OF EXTRADITION, DATED 13 DECEMBER 1957;
AUTRICHE
Statements and remains recorded in the instrument of ratification, deposited on 21 May 1969 - Or. angl./all./en.
Statements
Paragraph 2 of Article 2
Austria will also grant extradition under Article 2, paragraph 2.
Paragraph 1 (c) of Article 6
Austria will consider as decisive, as to the appreciation of nationality, the timing of the surrender of the claimed individual.
Articles 7 and 8
Austria will not grant the extradition of an individual for an offence falling, according to Austrian law, under Austrian jurisdiction, that as long as that individual is extradited because of another offence and that his judgment for all offences, by the judicial authorities of the requesting State, is in the interest of the discovery of the truth or is opportune for reasons related to the fixation of the sentence and the execution of it.
Article 9
Austria will grant extradition when the claimed individual has been acquitted only because the Austrian court is not given or where, for the same reason, no prosecution has been brought against that individual, or the prosecution has been terminated.
Article 16, paragraph 2
In the case of a request for provisional arrest, Austria also requires a brief statement of the facts dependant on the individual claimed.
Paragraph 2 of Article 21
Austria will in any case refuse the transit of Austrian nationals.
In subsection 5 of section 21 (1)
Austria will also refuse transit for tax offences within the meaning of Article 5 of the Convention and for the offences mentioned in the reservation to Article 5. The transit for offences which, according to the law of the requesting State are liable to the death penalty or to a penalty incompatible with the assumptions of humanity and human dignity will be granted under the conditions governing extradition for such offences.
Reservations
Article 1^er
Austria will not grant extradition when the claimed individual is to be brought before an exceptional court or when the extradition is to be used for the execution of a security or rehabilitation penalty or measure imposed by such a court.
Article 5
Extradition for offences that consist exclusively of contraventions of monopoly or export, import or transit regulations as well as on the ration of goods will also be granted by Austria only under the conditions of Article 5.
Article 11
Austria will refuse extradition for the execution of the death penalty. Extradition for prosecution of an offence punishable by death under the law of the requesting State will only be granted if the requesting State accepts the condition that a death penalty will not be imposed. Austria will apply the same principle in the case of penalties that would be incompatible with the assumptions of humanity and human dignity.
Statement contained in a letter from the Permanent Representative dated 4 June 1991, recorded in the Secretariat General on 7 June 1991 - Or. angl.
Referring to your circular JJ2356C Tr./24-4 dated 16 February 1990 concerning the declarations and reservations made by Portugal (2) with respect to the European Extradition Convention and to the statement by the Government of the Federal Republic of Germany dated 4 February 1991, I have the honour to inform you that my Government has joined the German interpretation.
The European Convention on Extradition provides in Article 11 the optional possibility of refusing extradition in case the crime for which extradition is required may result in the death penalty according to the law of the requesting State. However, the Convention does not contain a similar provision for custodial penalties for life.
The application of the European Convention for Extradition in respect of Portugal without the interpretation proposed by the German Government would have as a consequence that extradition for a crime involving deprivation of liberty for life should be denied.
This is not compatible with the meaning and purpose of the Convention. This application would result in the regular refusal of extradition for serious crimes and the authorization of extradition for relatively minor crimes. This would contradict the objective of the Convention, i.e. the cooperation of the Contracting Parties with a view to an international fight against crime.
Statement contained in a letter from the Permanent Representation of Austria to the Council of Europe, dated 7 January 1994, registered in the General Secretariat on 11 January 1994 - Or. fr.
With regard to the declarations and reservations made by Poland with respect to the European Convention on Extradition, the Austrian Government joins the interpretation contained in the statement of the Government of the Federal Republic of Germany dated 11 October 1993.
The Government of Austria declares that the Polish declaration on Article 6, paragraph 1 (b) of the European Extradition Convention is interpreted by Austria in the same way, in the sense that persons who have obtained asylum in Poland will be placed on an equal footing with Polish nationals only in the case of a request for extradition of the State of persecution and, in this case, these persons will not be extradited.
Poland's declaration on Article 6, paragraph 1 (b) is compatible with the object and purpose of the Convention only in the event that the extradition to a third State of persons benefiting from asylum in Poland is not denied solely on the grounds that such persons are treated as Polish nationals.
Declaration recorded in a letter from the Permanent Representative of Austria, dated 3 December 1997, registered in the General Secretariat on 5 December 1997 - Or. en/angl.
The Government of Austria declares that the declaration of Romania relating to Article 6, paragraph 1 (a) and (b) and Article 21, paragraph 5 of the Convention is interpreted by Austria of the way that persons who have obtained asylum in Romania will be placed on an equal footing with Romanian nationals only in the case of an extradition or transit request through the territory of Romania of the state of extra persecution
Romania's declaration of Article 6, paragraph 1 (a) and (b) and Article 21, paragraph 5, is compatible with the object and purpose of the Convention only in case extradition or transit through the territory of Romania to a third State of persons who benefit from asylum in Romania is not denied solely on the grounds that such persons are treated as Romanian nationals.
BELGIUM
Reservations and declarations recorded in a letter from the Minister of Foreign Affairs of Belgium dated 3 June 1997 to the Secretary General upon deposit of the instrument of ratification, 29 August 1997 - Or. en.
Statements
Article 1
The Belgian Government considers that Portugal's reservation to article 1 (c) is not compatible with the object of the Convention. It includes the reservation in the sense that extradition will only be refused if, in accordance with the law of the requesting State, the person sentenced to life is not liable to be released after a certain period of time following judicial or administrative proceedings.
Article 14
Belgium considers that the speciality rule is not applicable when the person claimed by it expressly consents to be prosecuted and punished by any leader, and this is before the judicial authority of the requested State, if this possibility is provided for in the law of that State. If, on the other hand, the extradition is requested from Belgium, the latter considers that, when the person to be extradited has formally waived the formalities and guarantees of extradition, the speciality rule is no longer applicable.
Article 15
Belgium considers that the exception provided for in Article 15 is extended, in case the person who has been surrendered to Belgium has waived in accordance with the law of the Party required to the speciality of extradition.
Article 21
The Belgian government will only grant transit on its territory to the same conditions as extradition.
Article 23
If the extradition request and the documents to be produced are written in the language of the requesting Party and that this language is not Dutch, French, or German, they must be accompanied by a translation in French.
Reservations
Article 1
Belgium reserves the right not to grant extradition where the claimed individual may be subjected to an exceptional court, or if extradition is requested for the execution of a sentence imposed by such a court.
Extradition will not be granted where the surrender is likely to have an exceptional severity for the person claimed, particularly because of his or her age or state of health.
Article 18
The obligation to release on the expiry of the 30-day period provided for in Article 18, paragraph 4, will not be applicable in the event that the claimed individual has filed an appeal against the extradition decision or concerning the legality of his or her detention.
Article 19
The Government of the Kingdom of Belgium shall grant the temporary extradition referred to in Article 19, paragraph 2, only if it is a person who is liable to a penalty in its territory and if special circumstances so require.
Rule 28
Because of the particular regime between the Benelux countries, the Belgian Government does not accept paragraphs I and 2 of Article 28 with regard to its relationship with the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.
The Belgian Government reserves the right to derogate from these provisions with regard to its relations with other Member States of the European Community.
BULGARIE
Reservations and declarations made at the signing on 30 September 1993 and confirmed at the deposit of the instrument of ratification on 17 June 1994 - Or. en.
Reservation for Article 1:
Extradition may be refused if the individual prosecuted must be tried by an extraordinary court in the requesting state or if a judgment, pronounced by such a court, must be enforced against that person.
Article 4 reserve:
Extradition due to military offences that are also offences of common law may be allowed only provided that the extradited person is not tried by a military court or charged with a military offence.
Declaration on Article 6, paragraph 1 (b):
The Republic of Bulgaria declares that it will recognize as a national within the meaning of this Convention any person with Bulgarian nationality at the time of extradition decision.
Reservation for Article 7:
The Republic of Bulgaria declares its right to refuse extradition if the requesting Party refuses extradition in similar cases, in accordance with Article 7, paragraph 2.
Reservation for Article 12:
The Republic of Bulgaria declares its right to require the requesting Party to submit evidence concerning the commission of the offence by the individual for which extradition is requested. If she admits that the evidence presented is insufficient, she may refuse extradition.
Reservation for Article 21:
The Republic of Bulgaria declares that it will grant transit to the same conditions under which extradition is authorized.
Declaration on Article 23:
The Republic of Bulgaria declares that it will require that all documents related to the implementation of this Convention be accompanied by a translation into one of the official languages of the Council of Europe.
CROATIA
Declaration recorded in the instrument of accession, deposited on 25 January 1995 - Or. angl.
Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian nationals.
Therefore, the Republic of Croatia will not grant the extradition or transit (Article 21, paragraph 2, of the Convention) of its own nationals.
The "nationality" of a person whose extradition is required will be determined at the time the criminal act was committed and in accordance with the legislation of the Republic of Croatia concerning nationality (Article 6, paragraph 1 (b) of the Convention).
The Republic of Croatia will grant the transit of a person only to the conditions that apply to extradition (Article 21, paragraph 5, of the Convention).
CHYPRE
Declarations and reservations made at the time of signature on 18 September 1970 - Or. angl.
Article 1
Article 11.2.f of the Cyprus Constitution prohibits the extradition of nationals. Accordingly, the provisions of Article 1 of the Convention, with regard to the Republic of Cyprus, must be limited to the extradition of foreigners.
Article 6
The extradition of nationals of the Republic of Cyprus being not authorized by the Constitution (see declaration concerning Article 1), the term "citizens" within the meaning of the Convention means, with regard to Cyprus, "citizens of the Republic of Cyprus or persons who, under the provisions in force on Cypriot nationality, would be entitled to become citizens of the Republic".
Furthermore, according to the provisions of the Cyprus Penal Code, nationals of the Republic may be prosecuted in Cyprus for a punishable offence of capital punishment or imprisonment of more than two years in a foreign country, if the act or omission that constitutes the offence is legally punishable by the law of the country where it was committed.
Article 11
Under the Criminal Code, when a citizen of Cyprus commits in a foreign country an offence punishable by capital punishment by cypriote law, but not by the legislation of the foreign country, the death penalty is not imposed on Cyprus, but the perpetrator of the offence is liable to any other penalty that may go to life imprisonment.
Article 21, paragraph 2
With respect to nationals of the Republic, the declaration made in respect of sections I and 6 also applies to that paragraph.
REPUBLIQUE TCHEQUE
Reserve recorded in a Verbal Note of the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the signing of 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Verbal Note of the Permanent Representation of the Czech and Slovak Federal Republic on 15 April 1992 handed over to the Secretary General at the time of the deposit of the instrument of ratification, and confirmed by the letter of the^er January 1993, registered in the General Secretariat on 2 January 1993 - Or. angl.
Under section 21.5 the transit of an individual within the meaning of section 21 shall be granted only to the conditions applicable to extradition cases.
DANEMARK
Reservations and declarations recorded in a letter from the Ministry of Foreign Affairs of Denmark dated 30 August 1962, delivered to the Secretary General at the time of the deposit of the instrument of ratification on 13 September 1962 - Or. en.
Reservations
Article 1
Extradition may be made provided that an accused person or defendant is not subject to criminal proceedings before an exceptional court. Extradition for the execution of a sentence imposed by such a court may be refused.
Extradition may also be denied if it is likely to have particularly serious consequences for the individual claimed, particularly because of his or her age, state of health or other personal reasons.
Article 1, cfr. Article 9
Extradition may be refused if the competent authorities of a third State have definitively condemned or acquitted the individual of the offence being the subject of the extradition request or if the competent authorities of a third State have decided not to sue or to cease the prosecution with respect to the same offence.
Article 2, paragraph 1
The obligation to extradite is limited to offences that under the Danish Criminal Code may result in a more serious penalty than imprisonment for one year and simple detention.
Article 3. paragraph 3
The question of whether the attack or attempted attack on the life of a Head of State or a member of his or her family must be considered a political crime, is decided on a concrete basis.
Article 4
Extradition for a military crime involving at the same time a punishable act according to the Civil Code can only be done provided that the extradition is not condemned according to the military code.
Article 12
Where specific circumstances appear to indicate this, the Danish authorities may require the requesting country to produce sufficient evidence that the individual in question is guilty. The application may be refused if the evidence is considered insufficient.
Statements
Article 6
The term "citizens" means in Denmark the nationals of Denmark, Finland, Iceland, Norway and Sweden and the persons domiciled in these countries.
Article 28, paragraph 3
The Convention does not apply to Denmark's relations with Norway and Sweden, the extradition between Scandinavian countries taking place on the basis of uniform legislation.
ESTONIA
Statements recorded in the instrument of ratification, deposited on 28 April 1997 - Or. angl.
(1) In accordance with Article 6, paragraph 1, subparagraph (b) of the Convention, the Republic of Estonia declares that the term "citizen" within the meaning of the Convention means nationals of the Republic of Estonia;
(2) In accordance with Article 6, paragraph 1, subparagraph (a) of the Convention, the Republic of Estonia reserves the right to refuse the extradition of one of its nationals, if the national does not consent to it;
(3) In accordance with Article 23 of the Convention, the Republic of Estonia declares that the requests and their annexes submitted to the Republic of Estonia shall be accompanied by a translation into English.
FINLAND
Statements recorded in a letter from the Embassy of Finland in France dated 12 May 1971, handed over to the Secretary General at the time of the deposit of the instrument of accession on the same Day - Gold. angl.
Article 6
For the purposes of this Convention, the term "citizens" means the nationals of Finland, Denmark, Iceland, Norway and Sweden, as well as foreigners domiciled in these States.
Article 28. paragraph 3
The Convention does not apply, with regard to extradition for offences, between Finland, Denmark, Iceland, Norway and Sweden, the extradition between these countries taking place on the basis of uniform legislation.
Reservations recorded in the instrument of accession, deposited on 12 May 1971 - Or. angl.
Article 1^er
By granting extradition, Finland reserves the right to state that the extradition cannot be translated for the offence in question to a court that is not entitled to know offences of the nature envisaged only on a provisional basis or in exceptional circumstances. The extradition requested for the execution of a sentence imposed by such a special court may be refused. Finland also reserves the right to refuse extradition in the event that it is unreasonable on a humanitarian basis because of age, state of health or any other condition related to the person concerned, or because of special circumstances.
Article 2, paragraph 1
The obligation to extradite referred to in the first paragraph of this section will be limited to offences under the Finnish law of a sentence exceeding one year's imprisonment. A person convicted in a foreign State for an offence of the intended nature may only be extradited if the penalty not yet executed is deprivation of liberty for at least four months.
Article 3, paragraph 3
Finland reserves the right to consider the offence referred to in paragraph 3 of this article as a political offence, if committed in a row.
Article 4
If the military offence also includes an offence for which the extradition is normally authorized, Finland reserves the right to state that the extradition cannot be sentenced under a military offence provision.
Article 18
If the arrested person whose extradition has been granted has not been received by the requesting State on the fixed date, Finland reserves the right to release him immediately.
FRANCE
Reservations and declarations recorded in the instrument of ratification, deposited on 10 February 1986 - Or. en.
Article 1^er
Extradition shall not be granted where the person claimed would be tried in the requesting State by a court failing to provide the fundamental guarantees of proceedings and protection of the rights of the defence or by a court established for his or her particular case, or when extradition is requested for the execution of a penalty or security measure imposed by such a court.
Extradition may be denied if the surrender is likely to have an exceptional severity for the person claimed, particularly because of his or her age or state of health.
Article 2, paragraph 1
In the case of persons prosecuted, extradition shall be granted only for the acts punishable by French law and by the law of the requesting State, a penalty or measure of deprivation of liberty of not less than two years.
With regard to more severe penalties or measures of custodial security, extradition may be refused if these penalties or security measures are not provided in the scale of penalties applicable in France.
Article 3, paragraph 3
France reserves the right to assess, depending on the particular circumstances of each case, whether or not the attack on the life of a Head of State or a member of his family is political.
Article 5
France states that, in respect of taxes, taxes, customs and exchanges, extradition will be granted to the requesting State if it has been so decided by simple exchange of letters in each particular case.
Article 6
The extradition will be denied when the person claimed was French at the time of the incident.
Article 14, paragraph 3
France will require that the newly-qualified offence apply the same facts as those for which extradition has been granted and that this new qualification does not take the application of a sentence for which extradition may be refused.
Article 16, paragraph 2
In the event of a request for provisional arrest, France will also require a brief statement of the facts charged to the person claimed.
Article 21
France reserves the power to grant transit only on the same terms as those of extradition.
Article 23
France states that it will request a translation of requests for extradition and related documents in one of the official languages of the Council of Europe and that it chooses French.
Article 27, paragraphs 1 and 2
The Government of the French Republic states that with regard to France, the Convention applies to the European and overseas departments of the Republic.
GERMANY
Declarations and reservations upon deposit of the instrument of ratification, 2 October 1976 - Or. angl.
Article 6
The extradition of German nationals, from the Federal Republic of Germany to a foreign country, is prohibited by section 16, paragraph 2, 1st sentence, of the Basic Law of the Federal Republic of Germany and should therefore be refused in all cases.
The term "citizens" within the meaning of Article 6, paragraph 1 (b) of the European Extradition Convention encompasses all Germans within the meaning of Article 116, paragraph 1, of the Basic Law of the Federal Republic of Germany.
Article 21
In case of transit within the meaning of Article 21 of the European Convention on Extradition, Article 11 of the Convention shall apply mutatis mutandis.
Article 21, paragraph 2
The transit of a German national through the territory of the Federal Republic of Germany is prohibited by Article 16, paragraph 2, 1st sentence, of the Basic Law of the Federal Republic of Germany and will therefore be refused in all cases.
Article 21, paragraph 4 (a).
If the airway is used for transit through the territory of the Federal Republic of Germany without a landing planned, the insurance will be required that, to the knowledge of the requesting Party and according to the documents in its possession, the extradited person is not a German national and does not claim to be.
Article 23
If the extradition request and the documents to be provided are not in the German language, they must be accompanied by a translation of the application and documents in the German language or in one of the official languages of the Council of Europe.
Article 27, paragraph 3
The European Extradition Convention will also apply to the Land of Berlin with effect on the date it comes into force for the Federal Republic of Germany; However, a request for the extradition of a national of the French Republic, the United Kingdom of Great Britain and Northern Ireland or the United States of America from the Berlin Land will be executed only after obtaining the consent of the Commander in Berlin of the armed forces of the State concerned.
Declaration made at the deposit of the instrument of ratification, October 2, 1976 - Or. en.
The Permanent Representative stated, on behalf of his Government, that the European Extradition Convention will also apply to the Land of Berlin with effect from the date it comes into force for the Federal Republic of Germany.
Statement recorded in a letter from the Permanent Representative dated 4 February 1991, recorded in the General Secretariat on 5 February 1991 - Or. en.
The Government of the Federal Republic of Germany considers that Portugal's reservation to Article 1^er of the Convention (paragraph (c) is compatible with the meaning and purpose of the Convention only if it does not object without distinction to extradition in any case where a custodial sentence may be imposed or an orderly security measure. It includes the reservation in that the extradition will only be refused if, in accordance with the law of the requesting State, the person sentenced to a custodial sentence has no means to obtain, after having been subjected to a specified part of the sentence or measure, the examination by a court of a possible stay with probation for the remainder of the penalty.
Statement recorded in a Verbal Note of the Permanent Representation of 11 October 1993 registered in the General Secretariat on 13 October 1993 - Or. angl.
The Federal Republic of Germany considers that Poland's declaration on Article 6 (1) (a) of the Convention, according to which persons who have obtained asylum in Poland are placed on an equal footing with Polish nationals, is compatible with the object and purpose of the Convention only if it is not an obstacle to the extradition of these persons to a State other than that under which the asylum was granted.
GRECE
Reservations made at the deposit of the instrument of ratification, May 29, 1961 - Or. en.
Article 6
The provisions of Article 6 shall be applied subject to the application of Article 438, paragraph (a) of the Code of Greek Criminal Procedure which prohibits the extradition of nationals of the requested Party.
With regard to paragraph 1 (c)^erArticle 438 of the Code of Greek Criminal Procedure will also be applied. According to this article, the date on which the offence was committed will not be taken into consideration to establish the nationality of the claimed individual.
Article 7
Paragraph 1 shall be applied subject to the provisions of paragraph (b) of Article 438 of the Code of Greek Criminal Procedure.
Article 11
Instead of Article 11 of the Convention, Article 437, paragraph 1, of the Code of Greek Criminal Procedure will continue to be applied. According to this provision, the extradition of a foreign national for an offence involving the death penalty, in accordance with the law of the requesting Party, is permitted only in the case where the same penalty is provided for this offence under the Hellenic law.
Article 18
The last part of Article 18, paragraph 4, of the Convention is accepted, adding the following provision of Article 454 of the Greek Code of Criminal Procedure: " provided that the new application is based on the same elements".
Article 19
This article is accepted subject to the provisions of Article 441 of the Code of Greek Criminal Procedure.
HONGRIE
Reservations and declarations recorded in a letter from the Permanent Representative of Hungary, delivered to the Secretary General at the time of the deposit of the instrument of ratification, 13 July 1993 - Or. angl.
Reservations
Article 1
Hungary will not grant extradition if the wanted person is to be brought before a special court or if the extradition is to lead to the execution of a sentence or security measure imposed by such a court.
Hungary also reserves the right to refuse extradition for humanitarian reasons if this may put in a particularly painful situation the person claimed, for example because of his youth, age or state of health, or any other condition affecting the person in question, also in view of the nature of the offence and the interests of the requesting State.
Article 6
a. Notwithstanding the provisions of Article 6 (1) of the Peace Treaty concluded in Paris on 10 February 1947, Hungary will not grant the extradition of its own nationals.
b. Hungary reserves the right to refuse the extradition of persons permanently established in Hungary.
Article 11
Hungary will refuse extradition if requested to apply the death penalty or prosecute a person charged with an offence punishable by the death penalty. However, extradition may be granted for an offence punishable by the death penalty under the law of the requesting State if that State agrees not to apply the death penalty in case it is pronounced.
Statements
Article 16, paragraph 2
In the event of a request for provisional arrest, Hungary also requires a brief statement of the facts charged to the person claimed.
Article 21, paragraph 2
Hungary will refuse the transit of its own nationals and persons permanently established in Hungary.
Article 23
Hungary deems that it will require a translation of the extradition request and the accompanying documents either in Hungarian or in one of the official languages of the Council of Europe, if they are not written in one of these languages.
ISLAND
Reservations contained in the instrument of ratification, deposited on 20 June 1984 - Or. angl.
Article 1
By granting extradition, Iceland reserves the right to state that the extradition may not be brought before a court which is not entitled to know offences of the nature envisaged only on a provisional basis or in exceptional circumstances, as well as the right to refuse extradition for the purpose of carrying out a sentence imposed by an exceptional court of that type.
Extradition may also be denied if it is likely to have particularly serious consequences for the individual claimed, particularly because of his or her age, state of health or other personal reasons.
Article 2. paragraph 1
Iceland can only grant extradition on the basis of an offence or an equivalent offence that, under Icelandic law, is punished or punished by imprisonment for more than one year.
Article 3, paragraph 3
Iceland reserves the right to consider, under the circumstances of the case under consideration, the offence referred to in paragraph 3 of Article 3 as a political offence.
Article 4
Extradition for a military crime that constitutes at the same time a punishable act under general criminal law may be done only if the extradition is not condemned under military law.
Article 12
Iceland reserves the right to require the requesting Party to produce evidence that the person claimed committed the offence for which the extradition is sought. Extradition may be refused if the evidence appears insufficient.
Statements recorded in a letter from the Permanent Representative of Iceland, delivered to the Secretary General at the time of the deposit of the instrument of ratification on 20 June 1984 - Or. angl.
Article 6
For the purposes of this Convention, the term "citizens" means a national of Iceland, Denmark, Finland, Norway or Sweden, and persons domiciled in these countries.
Article 28, paragraph 3
This Convention does not apply to the extradition to Denmark, Finland, Norway or Sweden, on the basis of uniform legislation.
IRLAND
Declaration recorded in a letter from the Ministry of Foreign Affairs of Ireland dated 2 May 1966, delivered to the Secretary General at the time of the signing and deposit of the instrument of ratification on the same day - Or. angl.
I have the honour to declare, in accordance with Article 6 of the Convention, that the term "citizens" in the Convention designates, with respect to my Government, the "citizens of Ireland".
Reservation recorded in the instrument of ratification, deposited on 2 May 1966 - Or. angl.
Article 9
The Irish authorities will not grant extradition when the claimed individual was finally tried by a third State for the reason why extradition is requested.
Declaration made upon confirmation of ratification on 12 July 1988 - Or. angl.
A decision by the Irish Supreme Court has made Ireland impossible to meet the international obligations it had subscribed to by the European Extradition Convention.
The Court found that Ireland was not bound by its ratification of a similar extradition treaty, since the terms of it were not, in advance, subject to the approval of the Dail Eireann as required by the Irish Constitution. This Supreme Court decision will be a precedent that will bind us in any future extradition case.
The same situation prevails in the case of the European Extradition Convention, since its terms were not approved by the Dail before its ratification on behalf of the Irish Government in 1966. Therefore, in the event of a dispute before the courts, the ratification of Ireland in 1966 will likely be declared null and void in domestic law.
To remedy this situation, Dail Eireann approved the terms of the European Extradition Convention on 29 June 1988. It is now appropriate to meet the requirements of domestic law that the Government of Ireland confirms its previous ratification by the deposit of a new instrument of ratification.
Statement transmitted by letter from the Permanent Representative dated 13 May 1991, recorded in the General Secretariat on the same day - Or. angl.
The Government of Ireland, pursuant to Article 28 paragraph 3 of the European Convention for Extradition of 1957, hereby notified the Secretary General of the Council of Europe that the relations between the Government of Ireland and the Government of the United Kingdom with respect to extradition will continue to be governed exclusively on the basis of the laws in force on their respective territories that allow the execution on the territory of each bet of arrest warrants issued on the territory of the Republic of Ireland.
ITALY
Reservations made at the signing on 13 December 1957 and confirmed at the deposit of the instrument of ratification on 6 August 1963 - Or. en.
Italy formulates the express reservation that it will not grant the extradition of individuals sought for the purpose of carrying out security measures, unless:
a. that all criteria defined in Article 25 shall be met in each case;
b. that such measures are expressly provided for in criminal provisions of the requesting Party as the necessary consequences of an offence.
Italy states that in no case will it grant extradition for offences punishable by capital punishment by the law of the requesting Party.
LETTONIE
Statement contained in a Verbal Note by the Minister for Foreign Affairs of Latvia, dated 17 April 1997, submitted to the Secretary General at the time of the deposit of the instrument of ratification, on 2 May 1997 - Or. angl.
In accordance with Article 6, paragraph 1, of the Extradition Convention of 1957, the Republic of Latvia defines, within the meaning of the Convention, the term "citizens" as denoting citizens of the Republic of Latvia and non-citizens who are subject to the Law on the Status of Citizens of the former Soviet Union who are not citizens of Latvia or of any other State.
LIECHTENSTEIN
Statements and reservations recorded in the instrument of accession, deposited on 28 October 1969- Or. en.
Article 1^er
Mainly extradition is granted by the Principality of Liechtenstein only provided that the person prosecuted for an offence is tried by the ordinary courts of the requesting State. Eue therefore reserves the right to grant extradition only provided that the requesting State gives sufficient assurances in this regard.
Article 6 1^er Bed. a.
The Government of the Principality of Liechtenstein states that Liechtenstein law does not admit the extradition of Liechtenstein nationals abroad. As soon as they enter the territory of the Principality, they will be tried by the Liechtenstein authorities who will apply the Liechtenstein criminal law to them (paragraph 36 of the Criminal Code) for offences committed abroad, regardless of the laws of the place of perpetration. A national within the meaning of the Convention who possesses Liechtenstein nationality.
Article 11
The Principality of Liechtenstein reserves the right to apply Article 11 by analogy when the requesting State does not give the Liechtenstein authorities sufficient assurances that it will not impose a penalty or a foreign measure on Liechtenstein law or that the integrity of the body in a manner incompatible with Liechtenstein law.
Article 21
The Principality of Liechtenstein reserves the right to refuse transit through its territory even if the offence of which the person charged is provided for in Article 5 of the Convention.
Article 23
The Principality of Liechtenstein requires that applications and documents to be produced in a language other than German be provided with a translation into that language.
LITUANIA
Reservations and declarations recorded in the instrument of ratification deposited on 20 June 1995 - Or. angl.
Reservations
Article 1
Extradition shall be granted only on the condition that the person suspected of committing a crime is not tried by a special court of the requesting Party.
The Republic of Lithuania reserves the right not to grant extradition if the person, because of his or her health, age or personal motivation, may be adversely affected by this extradition.
Article 3
The Republic of Lithuania reserves the right, as provided for in Article 3 of the Convention, to decide for each particular case whether the acts referred to in Article 3, paragraph 3, of the Convention are considered to be a political offence.
Statements
Article 6
The term "citizens" indicates persons with Lithuanian nationality within the meaning of the Lithuanian Nationality Act (Citizenship Act). Under section 6 of the Lithuanian Nationality Act (Citizenship Act), the Republic of Lithuania does not extradite its nationals to foreign countries. All requests for extradition of Lithuanian nationals will be refused.
Article 12
Written requests for extradition may be exchanged between the Ministry of Justice or the Office of the Attorney General of the requesting Party and the Ministry of Justice of Lithuania or the Office of the Attorney General. The use of diplomatic channels is not excluded.
Article 21
In no case shall the Republic of Lithuania grant transit in respect of Lithuanian nationals.
Article 23
Requests for extradition (including documents supporting the request) must be accompanied by adequate translations into Lithuanian, English, French, Russian or German if these documents are not produced in any of these languages.
LUXEMBOURG
Reservations and declarations recorded in a letter from the Permanent Representative of Luxembourg dated 16 November 1976, delivered to the Secretary General at the time of the deposit of the instrument of ratification, 18 November 1976 - Or. fr.
Reservations
Article 1^er
The Government of the Grand Duchy of Luxembourg reserves the right not to grant the extradition requested for the purpose of carrying out a default judgment against which no remedy is open, if this extradition may have the effect of making a penalty to the person claimed, without the latter being able to exercise the rights of the defence referred to in article 6.3.c. of the Convention for the Protection of the Rights of Fundamental Freedoms.
The Government of the Grand Duchy of Luxembourg reserves the right to refuse extradition for humanitarian reasons if the consequences for the person claimed were particularly harsh because of his youth or age or state of health.
Articles 6 and 21
The Government of the Grand Duchy of Luxembourg will not grant the extradition or transit of its nationals.
Article 7
The Government of the Grand Duchy of Luxembourg reserves the right not to grant extradition when, in accordance with Article 7, para. 2, the requesting State would be authorized to refuse extradition in similar cases.
Article 9
The Government of the Grand Duchy of Luxembourg will not grant the extradition if it appeared to it that the person claimed, with respect to the offence for which his extradition is requested, has been tried definitively by the competent authorities of a third State and if, in the event of a conviction for that fact, the convicted person has suffered his sentence, has already suffered it or has been exempted from it.
Rule 28
Due to the particular regime between the Benelux countries, the Government of the Grand Duchy of Luxembourg does not adhere to Article 28, first and second paragraphs with regard to its relationship with the Netherlands and Belgium.
The Government of the Grand Duchy of Luxembourg reserves the right to derogate from these provisions with regard to its relations with other member countries of the European Economic Community.
Statements
Article 6.1.b.
The Government of the Grand Duchy of Luxembourg declares that, with regard to the Grand Duchy of Luxembourg, "citizens" must be heard within the meaning of this Convention, persons with Luxembourg nationality, as well as foreigners who have joined the Luxembourg community, provided that they can be prosecuted in Luxembourg for the fact that extradition is requested.
Article 19
The Government of the Grand Duchy of Luxembourg shall grant the temporary extradition referred to in section 19, second paragraph, only if it is a person who suffers a sentence in its territory and if special circumstances so require.
Article 21.5
The Government of the Grand Duchy of Luxembourg reserves the power to grant transit only to the same conditions as those of extradition.
MALTE
Reservations made at the deposit of the instrument of ratification, March 19, 1996 - Or. angl.
Article 1
Malta reserves the right to apply for an extradition of a person accused of an offence only in cases where the removal court finds, after having examined any evidence submitted to it, both in favour of the extradition request of the person,
at the discharge of the case, that the evidence would be sufficient to refer the case to Maltese justice in the event that the offence was committed within the jurisdiction of Malta's repressive courts. A person convicted in absentia for an offence is treated as a person charged with the same offence.
By granting the extradition of a person, Malta reserves the right to state that a person may not be prosecuted for the offence in question before a court that would not be competent to deal with that type of offence on an interim basis or in exceptional circumstances. An extradition request for the execution of a sentence imposed by such a special court may be refused.
Malta reserves the right to apply the Convention in accordance with Article 20 of Chapter 276 of the laws of Malta (The Extradition Act of 1978), which reads as follows:
"On an appeal to the Criminal Court, as on an application to the Constitutional Court pursuant to Article 46 of the Constitution of Malta, one of these two courts may, without prejudice to the action of any other jurisdiction, order the enlargement of the accused person, where the accused person finds that,
(a) because of the low severity of the offence for which the person is charged or convicted; or
(b) because of the time that has elapsed, either since the facts that are brought before it or since it has been illegally released, as the case may be; or
(c) because the charge against the person is not done in good faith in the interests of justice,
Given all circumstances, extradition would be unfair or oppressive to the extradited person. »
Article 3
Malta reserves the right to apply subsection 3 of this section in accordance with section 10 (5) of the Extradition Act, which reads as follows:
"For the purposes of this section, an offence against the life or person of a Head of State, or any other related offence as described in subsection (3) of section 5 of this Act, is not necessarily considered to be a political offence. »
Article 9
Malta reserves the right to apply this article in accordance with the principle "non bis in idem", as provided for in Article 527 of the Penal Code (Chapter 9 of the Statutes of Malta), which reads as follows:
"When an accused person or accused person is acquitted as a result of a judgment, it is illegal to submit that person to another judgment for the same facts. »
Article 18
Malta reserves the right to apply the provisions of paragraphs 4 and 5 of this section in accordance with section 24 of the Extradition Act (chapter 276 of the Statutes of Malta), which reads as follows:
« (1) If a person whose extradition has been granted is extradited to Malta under this Act, he or she may - after the expiry of the following period
(a) in all cases, a two-month period beginning on the first day that, pursuant to subsection (2) of section 21 of this Act, it could have been delivered;
(b) where a warrant for surrender has been issued pursuant to section 21 of this Act a period of one month beginning to run on the day that this warrant was issued -
appeal to the Court of Criminal Appeal, sitting as a Board of Appeal against judgements of the Court of Judicial Police, requesting its enlargement,
(2) If, as a result of such a request, the Court finds that the Minister has received a notification from the Minister within a reasonable period of time, the Minister may, unless otherwise proven, order the enlargement of the person concerned, and, if a warrant for his extradition has been issued pursuant to that article, cancel the warrant. »
Article 21
Malta reserves the right to grant transit within the meaning of this article only to the extent that transit is authorized by its own laws.
MOLDOVA
Reservations and declarations recorded in the instrument of ratification deposited on 2 October 1997 - Or. mol./en.
Article 1
The Republic of Moldova will refuse extradition when the person claimed must be tried, in the territory of the requesting Party, by an exceptional court (in place for a specified case), or, where the extradition is requested for the execution of a judgment or security measure imposed by a proceeding of the same nature.
Article 3, paragraph 3
The Republic of Moldova reserves the right, depending on the circumstances, to determine whether or not the attack on the life of a Head of State or a member of its family constitutes a political offence.
Article 6, paragraph 1
According to Article 17, paragraph 3, of the Constitution of the Republic of Moldova, citizens of the Republic of Moldova cannot be extradited or expelled from the country.
The term "citizen", as defined in article 6, paragraph 1, letter (b), applies to all persons with nationality of the Republic of Moldova in accordance with its legislation.
Article 7, paragraph 2
The Republic of Moldova reserves the right to refuse extradition, provided that under Article 7, paragraph 2, the requesting Party shall refuse extradition in similar cases.
Article 9
1. The Republic of Moldova will refuse extradition when, in respect of the person claimed, a final judgment was pronounced by a third State for the facts or facts on which extradition is requested.
2. By derogation from Article 9 (first sentence), the Republic of Moldova will allow extradition when the requesting Party proves that the occurrence of new circumstances warrants a review of the case.
Article 16, paragraph 2
The Republic of Moldova requests that all applications addressed to it under section 16, paragraph 2, contain a brief description of the facts charged to the person claimed, including the essential indications to assess the character of the offence, in accordance with this Convention.
Article 21
The Republic of Moldova reserves the right to allow transit only under the conditions for extradition.
Article 23
The Republic of Moldova states that the extradition request and the attached documents must be written in the Moldovan language or in one of the Council of Europe's official languages, or translated into one of these languages.
PAYS-BAS
Statement made at the signing on January 21, 1965 - Gold.
In the light of the equality that exists from the point of view of public law between the Netherlands, the Surinam and the Netherlands Antilles, the term "metropolitan territories", used in article 27, paragraph 1, of this Convention, loses its initial meaning with respect to the Kingdom of the Netherlands and will therefore be, with regard to the Kingdom, considered to mean "territory in Europe".
Reservations recorded in the instrument of ratification, deposited on 14 February 1969 - Or. en.
Article 1
The Government of the Kingdom of the Netherlands reserves the right not to grant the extradition requested for the purpose of carrying out a default judgment against which no remedy is open, if this extradition may have the effect of making the person sought a penalty, without the latter being able to exercise the rights of the defence referred to in paragraph 3, c., of Article 6 of the Convention.
The Government of the Kingdom of the Netherlands reserves the right to refuse extradition for humanitarian reasons if the consequences for the person claimed were particularly severe, particularly because of his youth or age or state of health.
Article 7
The Government of the Kingdom of the Netherlands reserves the right not to grant extradition when, in accordance with article 7, paragraph 2, the requesting State would be authorized to refuse extradition in similar cases.
Article 9
The Government of the Kingdom of the Netherlands will not grant the extradition if it appeared to it that the person claimed, in respect of the offence for which his extradition is requested, has been tried definitively by the competent authorities of a third State and that, in the event of a conviction for that fact, the convicted person has been punished, has already suffered or has been exempted.
Rule 28
Due to the particular regime between the Benelux countries, the Government of the Kingdom of the Netherlands does not accept paragraphs 1 and 2 of Article 28 with regard to its relationship with the Kingdom of Belgium and the Grand Duchy of Luxembourg.
The Government of the Kingdom of the Netherlands reserves the right to derogate from these provisions with regard to its relations with other member States of the European Economic Community.
Statements recorded in a letter from the Permanent Representative of the Netherlands dated 13 February 1969, delivered to the Secretary General at the time of the deposit of the instrument of ratification, on 14 February 1969 - Or fr.
Articles 6 and 21
The Government of the Kingdom of the Netherlands will not grant extradition or transit of its nationals. With regard to the Netherlands, "nationals" must be understood within the meaning of this Convention, persons with Dutch nationality, as well as foreigners who have joined the Dutch community, provided that they can be prosecuted in the Netherlands for the fact that extradition is requested.
Article 19
The Government of the Kingdom of the Netherlands shall grant the temporary extradition, referred to in paragraph 2 of Article 19, only if it is a person who suffers a sentence in its territory and if special circumstances so require.
Article 21, paragraph 5
The Government of the Kingdom of the Netherlands reserves the power to grant transit only to the same conditions as those of extradition.
Declaration recorded in a letter from the Permanent Representative of the Netherlands dated 24 December 1985, registered in the General Secretariat on 3 January 1986 - Or. angl.
The Ile d'Aruba, which is still part of the Netherlands Antilles, will obtain its internal autonomy as a country within the Kingdom of the Netherlands from the 1st^er January 1986. As a result, from that date, the Kingdom will no longer be composed of two countries, namely the Netherlands (Kingdom in Europe) and the Netherlands Antilles (located in the Caribbean region), but three countries, namely the two aforementioned and Aruba.
Like the changes affecting 1^er January 1986 concerns only a change in domestic constitutional relations within the Kingdom of the Netherlands, and since the Kingdom as such remains the subject of international law with which treaties are concluded, these changes will not have consequences in international law with respect to the treaties concluded by the Kingdom and which already apply to the Netherlands Antilles including Aruba. These treaties will remain in force for Aruba in its new country capacity within the Kingdom. Therefore, with respect to the Kingdom of the Netherlands, these treaties will apply from 1^er January 1986, in the Netherlands Antilles (without Aruba) and in Aruba.
Therefore, with respect to the Kingdom of the Netherlands, the treaties listed in the annex to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles will apply, from 1^er January 1986, the Netherlands Antilles and Aruba.
List of Conventions covered by the Declaration
24 European Extradition Convention
Declaration (3) recorded in a Verbal Note of the Permanent Representation of the Netherlands, dated 14 October 1987, registered in the General Secretariat on 15 October 1987- Or. angl.
The Government of the Kingdom of the Netherlands will not grant the transit of Dutch nationals or their extradition for the purposes of enforcement of penalties or other measures.
However, Dutch nationals may be extradited for prosecution if the requesting State provides the guarantee that the person claimed may be returned to the Netherlands to serve his sentence in the event that, as a result of his extradition, a suspended sentence of detention or a custodial measure is imposed against him.
With regard to the Kingdom of the Netherlands, it is necessary to hear by nationals within the meaning of this Convention, persons with Dutch nationality and foreigners who have joined the Dutch community, provided that they can be prosecuted in the Netherlands for the fact that extradition is requested.
This declaration entered into force on 1^er January 1988.
Submitted in a Note Verbale de la Représentation Permanente dated 4 October 1993, recorded in the General Secretariat on 8 October 1993 - Or. angl.
On 8 and 29 July 1993, the Governments of the Kingdom of the Netherlands and the Kingdom of Sweden concluded, by exchange of Notes, an arrangement under Article 27, paragraph 4 of the European Convention for Extradition of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and to Aruba. The arrangement came into force on 1^er October 1993.
Transmitted a Note Verbale de la Représentation Permanente dated 3 November 1993, recorded in the General Secretariat on 10 November 1993 - Or. angl.
On 30 June and 29 September 1993, the Governments of the Kingdom of the Netherlands and the Principality of Liechtenstein concluded, by exchange of Notes, an arrangement under Article 27, paragraph 4 of the European Convention for Extradition of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and to Aruba. The arrangement came into force on 1^er December 1993.
Transmitted in a Note Verbale de la Représentation Permanente, dated 9 December 1993, registered in the Secretariat General on 14 December 1993 - Or. angl.
On 20 and 28 October 1993 the Governments of the Kingdom of the Netherlands and Switzerland concluded, by exchange of Notes, an arrangement provided for in Article 27, paragraph 4 of the European Extradition Convention of 13 December 1957 concerning the extension of the Convention to the Netherlands Antilles and Aruba. The arrangement came into force on 1^er January 1994.
On 20 September and 22 November 1993 the Governments of the Kingdom of the Netherlands and the Grand Duchy of Luxembourg concluded, by exchange of Notes, an arrangement under Article 27, paragraph 4 of the European Convention for Extradition of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and to Aruba. The arrangement came into force on 1^er February 1994.
Submitted in a Note Verbale de la Représentation Permanente, dated 3 January 1994, registered in the General Secretariat on 4 January 1994 - Or angl.
On 30 July and 2 December 1993 the Governments of the Kingdom of the Netherlands and France concluded, by exchange of Notes, an arrangement under Article 27, paragraph 4 of the European Convention for Extradition of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and to Aruba. The arrangement came into force on 1^er March 1994.
Submitted in a Note Verbale de la Représentation Permanente, dated 31January 1994, registered in the Secretariat General on 2 February 1994 - Or. angl.
On 8 June and 21 December 1993 the Governments of the Kingdom of the Netherlands and Italy concluded, by exchange of Notes, an arrangement under Article 27, paragraph 4 of the European Convention for Extradition of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and to Aruba. The arrangement entered into force on 30 December 1993.
Communications recorded in a Note Verbale de la Représentation Permanente des Pays-Bas, dated 8 March 1994, registered in the Secretariat General on 11 March 1994 - Or. angl.
On 19 January and 3 February 1994, the Governments of the Kingdom of the Netherlands and Turkey entered into, by exchange of Notes, an arrangement under Article 27, paragraph 4, of the European Extradition Convention of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and Aruba.
A similar arrangement was concluded on 20 January and 4 February 1994, by exchange of Notes, between the Government of the Kingdom of the Netherlands and the Government of Denmark.
Both arrangements entered into force on 1^er May 1994.
Communications recorded in a Note Verbale de la Représentation Permanente, dated 18 May 1994, recorded in the Secretariat General on 20 May 1994 - Or. angl.
On 26 January and 18 February 1994, the Governments of the Kingdom of the Netherlands and Norway entered into, by exchange of Notes, an arrangement under Article 27, paragraph 4, of the European Extradition Convention of 13 December 1957 relating to the extension of the Convention to the Netherlands Antilles and Aruba. This arrangement came into force on 1^er May 1994.
A similar arrangement was reached on 3 August 1993 and 3 March 1994, by exchange of Notes, between the Governments of the Kingdom of the Netherlands and Cyprus. This arrangement came into force on 1^er June 1994.
Statement contained in a Verbal Note of the Permanent Representation of the Netherlands, dated 12 December 1994, registered in the General Secretariat on 15 December 1994 - Or. angl.
For clarity, the following clause is added to the statement made on 14 October 1987:
(... is requested) and as long as it is not necessary to expect these aliens to lose their right of residence in the Kingdom as a result of the imposition of a sentence or measure after their extradition.
Transmitted in a Note Verbale de la Représentation Permanente des Pays-Bas, dated 8 November 1996, registered in the Secretariat General on 8 November 1996 - Or. angl.
On 20 July 1993 and 21 February 1994, the Governments of the Kingdom of the Netherlands and the Czech Republic concluded. by exchange of Notes, an arrangement under article 27, paragraph 4, of the European Convention for Extradition of 13 December 1957, relating to the extension of the Convention to the Netherlands Antilles and Aruba. This arrangement came into force on 1^er June 1994.
A similar arrangement was concluded, by exchange of Notes, between the Governments of the Kingdom of the Netherlands and:
Greece, 21 September 1993 and 16 June 1994. This arrangement came into force on 1^er September 1994;
Slovakia, 20 July 1993 and 30 June 1994. This arrangement came into force on 1^er September 1994;
- Iceland, 26 January 1994 and 22 July 1994. This arrangement came into force on 1^er October 1994;
- Austria, 22 July 1994 and 28 July 1994. This arrangement came into force on 1^er January 1996;
- Spain, 11 November 1993 and 24 November 1994. This arrangement came into force on 1^er February 1995;
- the United Kingdom of Great Britain and Northern Ireland, 8 November 1994 and 24 November 1994. This arrangement entered into force on 4 March 1996;
- of Israel, 28 February 1994 and 31 July 1995. This arrangement came into force on 1^er November 1995;
- Portugal, 6 July 1995 and 29 August 1995. This arrangement came into force on 1^er December 1995;
- Croatia, 16 October 1995 and 12 February 1996. This arrangement came into force on 1^er May 1996;
Hungary, 28 March 1996 and 2 April 1996. This arrangement came into force on 1^er July 1996;
- Finland, 5 February 1996 and 4 July 1996. This arrangement came into force on 1^er October 1996.
Bulgaria, 29 March 1996 and 17 July 1996. This arrangement came into force on 1^er October 1996.
NORVEGE
Declarations and reservations made at the time of signature, December 13, 1957 - Or. angl.
Article 1
Extradition may be denied for humanitarian considerations if the surrender is likely to have consequences of exceptional gravity for the claimed individual due in particular to his or her age, state of health or other personal characteristics.
Article 2, paragraph 1 (4)
Under paragraph 3 of Norwegian Law No. 39 of 13 June 1975, relating to the extradition of offenders etc., Norway is only able to grant extradition because of an offence or equivalent offence that, under the Norwegian Act, is punished or would have been punished by imprisonment for more than one year.
The original reservations read as follows:
“Article 2, paragraph 1 According to paragraph 2 of the Norwegian Extradition Act of 13 June 1908, Norway is only able to grant extradition on account of facts that, under the Norwegian Criminal Code, are punished or punished by imprisonment for more than one year.
Article 3, paragraph 3 Under paragraph 3 of the Norwegian Extradition Act, extradition may not be granted on the basis of an attack on the life of a Head of State or a member of his family if the offence was committed in connexity with another offence of a political character.
Article 4 With respect to offences which, under Norwegian law, would have been regarded as military offences, extradition may only be granted under Article 2 of the Norwegian Extradition Act, if the offence, apart from its military character, would have constituted an offence that may give rise to extradition and provided that the extradited individual is not punished by a more severe penalty than the maximum prescribed for the ordinary offence. »
Article 3, subsection 3 (4)
Norway reserves the right to consider, under the circumstances of the case under consideration, the offence referred to in paragraph 3 of Article 3 as a political offence.
Article 4 (4)
If the military offence also includes an offence for which extradition is normally authorized, Norway reserves the right to state that the extradition cannot be sentenced under the military law of the requesting State.
Article 6, paragraph 1 (b).
With regard to Norway, the term "citizens" covers both nationals and persons residing in Norway. The term also covers the nationals of Denmark, Finland, Iceland and Sweden as well as those residing in those countries unless extradition is requested by one of these States.
Article 12
The Norwegian authorities reserve the right to require the requesting Party to produce evidence establishing a sufficient presumption that the claimed individual committed the offence for which the extradition is requested. The application may be rejected if the evidence appears insufficient.
Declaration recorded in a letter from the Permanent Representative of Norway dated 17 January 1977, registered in the General Secretariat on 19 January 1977 - Or. angl.
Article 28, paragraph 3
This Convention does not apply to extradition to Denmark, Finland or Sweden, the extradition between these States taking place on the basis of uniform legislation.
POLAND
Statements recorded in the instrument of ratification, deposited on 15 June 1993 - Or. en.
The Republic of Poland states, in relation to Article 6, paragraph 1 (a), that it will not extradite, in any case, its own nationals.
The Republic of Poland declares that, within the meaning of this Convention, in accordance with Article 6, paragraph 1 (b), persons granted asylum in Poland will be treated as Polish nationals.
PORTUGAL
Declaration and reservations recorded in a letter from the Permanent Representative of Portugal dated 12 February 1990, registered in the General Secretariat on 13 February 1990 - Or. en.
Declaration
The term "citizens" within the meaning of this Convention concerns all Portuguese citizens, regardless of the means of acquiring nationality.
Reservations
Article 1^er : Portugal will not grant extradition of persons :
a. who must be tried by an exceptional court or be punished by a court of this nature;
b. where it is proven that they will be subjected to a trial that does not offer legal guarantees of a criminal procedure that respects internationally recognized conditions as indispensable for the safeguarding of human rights, or that will carry out the sentence in inhumane conditions;
c. where they will be claimed for an offence to which a life sentence or security measure will correspond.
Article 2: Portugal will grant extradition only for a crime punishable by imprisonment for more than one year.
Article 6, paragraph 1: Portugal will not grant the extradition of Portuguese nationals.
Article 11: There is no extradition to Portugal for crimes to which the death penalty will correspond according to the law of the requesting State.
Article 21: Portugal only authorizes transit through national territory to persons under conditions under which their extradition may be granted.
ROMANIA
Declarations and Reservations recorded in the instrument of ratification, deposited on 10 September 1997 - Or. roum./en.
Statements
With respect to Article 6, paragraph 1.a: Romania will not grant the extradition of its citizens and persons to whom the right of asylum was granted in Romania.
Concerning Article 6, paragraph 1.b: The term "citizens", as defined in this Convention, refers to Romanian citizens or persons granted asylum in Romania.
Concerning article 21, paragraph 5: Requests for transit through the territory of Romania of a Romanian citizen or a person to whom the right of asylum was granted in Romania will be refused.
Reserve
Concerning article 2, paragraph 1: Romania will ask for extradition:
- with a view to a criminal prosecution or judgment only for acts that are punishable by the laws of the requesting Party and the requested Party with a custodial sentence of more than two years or a more severe penalty;
- for the execution of a sentence of deprivation of liberty only more than one year or more severe.
RUSSIA
Reservations and declarations recorded in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, delivered to the Secretary General at the signing on 7 November 1996 - Or. rus./angl.
Article 1
The Russian Federation reserves the right to refuse extradition:
1. if the extradition of a person is requested in order to conduct the person to an exceptional court or to submit it to a simplified procedure, or to enforce the sentence imposed by an exceptional court or in a simplified procedure, where there is reason to believe that the person in question has not benefited or will not benefit from the minimum guarantees set out in article 14 of the International Covenant on Civil Rights. The terms "exceptional court" and "simplified procedure" do not cover any international criminal tribunal whose powers and jurisdiction have been recognized by the Russian Federation;
2. if there are substantial grounds for believing that the person whose extradition is sought has been or will be subjected, in the requesting State, to torture or cruel, inhuman or degrading treatment or punishment, or if that person has not benefited or will not benefit from the minimum guarantees provided for in article 14 of the International Covenant on Civil and Political Rights;
3. for humanitarian reasons, if it is necessary to think that extradition could lead to serious complications for the person to extradite because of his or her advanced age or state of health.
Article 2, paragraphs 3 and 4
The Russian Federation reserves the right not to extradite a person if this measure may affect his or her sovereignty, security, public order or other major interests. Offences that cannot be extradited are determined by the federal law of the Russian Federation.
Article 3
The Russian Federation assumes that the provisions of Article 3 of the Convention must be applied in such a way as to ensure that no one can waive his or her responsibilities for an offence under the Convention.
Political offences do not exist in the legal system of the Russian Federation. In any event, when the Russian Federation makes a decision on extradition, it will not consider, in particular, a "political offence" or "a fact related to such an offence", in addition to the offences provided for in the 1975 Additional Protocol to the 1957 European Convention on Extradition, the following acts or omissions:
1. crimes against humanity under articles II and III of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) and articles 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984);
2. offences under Article 85 of the Additional Protocol (I) to the Geneva Conventions of 12 August 1949 relating to the Protection of Victims of International Armed Conflict (1977) and Articles 1 and 4 of the Additional Protocol (II) relating to the Protection of Victims of Non-International Armed Conflict (1977);
3. the offences provided for in the Convention for the Suppression of the Illicit Capture of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971) and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988), which supplements the 1971 Convention susmentooned;
4. serious offences under the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973);
5. offences under the International Convention against the Taking of Hostages (1979);
6. offences under the Convention on the Physical Protection of Nuclear Material (1980);
7. offences under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988);
and other offences under multilateral international treaties.
Article 6, paragraph 1.a
Under the first paragraph of Article 61 of the Constitution of the Russian Federation, no citizen of the Russian Federation may be extradited to another State.
Article 16
The Russian Federation will not assume any responsibility for claims for compensation for material and moral damage resulting from the execution, within the Russian Federation, of the provisional arrest of a person under Article 16.
Article 18, paragraphs 4 and 5
The Russian Federation will not assume any liability with respect to claims for compensation for material and moral damage resulting from the surrender of a person who has been the subject of an extradition decision has been dismissed or denied.
Article 21
The transit of a person to be extradited through the territory of the Russian Federation will be permitted under the same conditions as those of extradition.
Article 23
Extradition documents to be sent to the Russian Federation must be accompanied by a certified translation in Russian, English or French.
With regard to the reservation made by Portugal
The Russian Federation shares the opinion expressed in the respective statements of the Government of the Federal Republic of Germany (4 February 1991), Austria (4 June 1991) and Switzerland (21 August 1991) concerning the reservation made by Portugal on 12 February 1990 concerning article 1 of the Convention.
Portugal's reservation to article 1 of the Convention is compatible with the meaning and purpose of the Convention only if the refusal to extradite a person who has committed an offence punishable by a life sentence or a security measure is far from absolute in nature. The Russian Federation understands the above-mentioned reservation as meaning that extradition will be refused only if the law of the requesting party does not allow a court to study the possibility of a probationary stay in respect of a person who has been sentenced to life imprisonment and has served part of that sentence or spent a certain period in detention.
SLOVAQUIE
Reserve recorded in a Verbal Note of the Permanent Representation of the Czech and Slovak Federal Republic dated 13 February 1992, handed over to the Secretary General at the time of signature on 13 February 1992, confirmed in the instrument of ratification deposited on 15 April 1992 and in a Verbal Note of the Permanent Representation of the Czech and Slovak Federal Republic on 15 April 1992 handed over to the Secretary General at the time of the deposit of the instrument of ratification, and confirmed by letter
Under section 21.5 the transit of an individual within the meaning of section 21 shall be granted only to the conditions applicable to extradition cases.
SPANISH
Reservations and declarations recorded in the instrument of ratification, deposited on 7 May 1982 - Or. esp.
Reservations
Article 1
The person whose extradition has been claimed shall not be subject to an exceptional court in the territory of the requesting State. Extradition will not be granted for this reason, nor for the execution of a sentence or security measure imposed by courts of this nature.
Article 10
Spain will not grant extradition in the event that there is a termination of criminal liability for the causes, regardless of whether they are, provided for in the legislation of the requesting Party or the requested Party.
Article 21.5
Spain will only allow transit under the specified conditions as to extradition in this Convention.
Article 23
Spain will require the requesting Party to have a translation into Spanish, French or English, of the extradition request and of the accompanying documents.
Statements
Article 2.7
Spain will observe the rule of reciprocity with respect to offences excluded from the scope of this Convention, under Article 2 of this Convention.
Article 3
With regard to extradition, the offences of terrorism are not considered political offences, in addition to those excluded by article 3, paragraph 3, of the Convention.
Article 6.1 (b)
With regard to this Convention, Spain will consider as nationals, persons who enjoy this quality under the rules of Title I of Book I of the Spanish Civil Code.
Article 9
It shall be considered that the person has been permanently tried when the judicial decision cannot be subject to any ordinary remedy, since the judicial decision has been exhausted, the decision having been accepted or because of the nature of the decision.
Article 11
When the offence for which extradition is requested may be punished by the death penalty under the laws of the requesting Party, Spain shall refuse extradition unless the requesting Party offers guarantees deemed sufficient by the requested Party, that the death penalty is not imposed or, if imposed, that it will not be executed.
SUEDE
Statements and reservations recorded in the instrument of ratification, deposited on 22 January 1959 - Or. en.
Statements
a. on Article 6: Within the meaning of this Convention, the term "citizens" means, in addition to Swedish subjects, foreigners domiciled in Sweden, nationals of Denmark, Finland, Iceland and Norway, as well as foreigners domiciled in these States.
b. on Article 21: The requested transit will be granted only on the same conditions as extradition, taking into account the circumstances of the individual case.
Reservations
a. in Article 1: Sweden reserves the right to stipulate by granting the extradition that the extradition may not be called to appear before a court that is not entitled to know offences of the nature envisaged only on a provisional basis or in exceptional circumstances, as well as to refuse extradition for the purposes of enforcement of a sentence imposed by such an exceptional court.
Sweden reserves the right to refuse extradition in special cases if this measure, because of age, state of health or any other condition related to the person concerned, and also given the nature of the offence and interests of the requesting State, is manifestly inconsistible with humanitarian duties.
b. in Article 2: The extradition of an individual who has not yet been tried definitively for the offence against which extradition is requested will only be granted if the said act corresponds to an offence under Swedish law of imprisonment exceeding one year (5).
c. in Article 3: Sweden reserves the right to consider the offence referred to in paragraph 3 of this article as a political offence under the circumstances of the case under consideration.
d. in Article 4: If the military offence also includes an offence for which extradition has been granted, Sweden reserves the right to state that the extradition will not be subject to any penalty imposed under provisions relating to offences committed by the military.
e. in Article 12: Although the award or arrest warrant issued by a court or judge in a State Party to the Convention is generally accepted, Sweden reserves the right to refuse the extradition required if it appears from the examination of the case considered that the sentence or arrest warrant is manifestly unfounded.
f. in Article 18: If the individual whose extradition has been granted has not been received on the date fixed by the requesting State, Sweden reserves the right to immediately cancel the deprivation of liberty of which it is the subject.
SWITZERLAND
Statements and reservations recorded in the instrument of ratification, deposited on 20 December 1966 - Or. en.
Ad article 1^er
The Swiss Federal Council states that any extradition granted by Switzerland is subject to the condition that the defendant is not referred to an exceptional court. Accordingly, it reserves the right to refuse extradition:
a. if the possibility exists that the defendant, in the event of extradition, is referred to an exceptional court and if the requesting State does not give sufficient assurances that the judgment will be rendered by a court to which the requirements of judicial organization generally attribute the jurisdiction to pronounce in criminal matters;
b. if it is to be used for the execution of an exceptional court sentence.
Ad article 2, subsection 1 (6)
In the light of the conditions laid down in Swiss law for extradition, Switzerland reserves the right to refuse extradition when the charge of the person sought does not bring together the constituent elements of one of the offences defined in the list filed, as an annex to this declaration, with the General Secretariat of the Council of Europe.
Ad article 2. subsection 2 (7)
The Swiss Federal Council declares that, if an extradition is or has been granted for an offence for which extradition is authorized under Swiss law, Switzerland may extend the effects to any other punishable acts under a common law provision of Swiss legislation.
Ad article 3. paragraph 3
In derogation from Article 3, paragraph 3, of the Convention, Switzerland reserves the right to refuse extradition on the basis of Article 3, paragraph 1, when it is requested for an attack on the life of a Head of State or a member of its family.
Ad article 6 (8)
The Federal Council states that Swiss law only authorizes the extradition of Swiss nationals under the restrictive conditions provided for in Article 7 of the Federal Law of 20 March 1981 on International Assistance in Criminal Matters. Offences committed outside Switzerland and punishable under Swiss law as crimes or offences may be prosecuted and tried by the Swiss authorities if the legal conditions are met, - when they have been committed against the Swiss (art. 5 of the Swiss Penal Code of 21 December 1937); - where, according to Swiss law, they could give rise to extradition and were committed by a Swiss (art. 6 of the Swiss Penal Code); - when committed on board a Swiss ship or a Swiss aircraft
(art. 4 of the Federal Act of 23 September 1953 on maritime navigation under the Swiss flag; Art. 97 of the Federal Act of 21 December 1948 on Air Navigation); - where specific legal provisions provide for certain offences (arts. 202 and 240 of the Swiss Penal Code); Art. 19 of the Federal Act of 3 October 1951 on Narcotic Drugs; Art. 101 of the Federal Road Traffic Act of 19 December 1958; Article 16 of the Federal Act of 14 March 1958 on the responsibility of the Confederation, its officials and its officials; Section 12 of the Federal Act of 26 September 1958 on the guarantee against export risks).
In accordance with the Act of 20 March 1981 on international assistance in criminal matters, other offences committed abroad by a Swiss national may be repressed in Switzerland at the request of the State where such offences have been committed, when the person prosecuted is in Switzerland and must respond to other more serious offences and that his acquittal or enforcement of a sanction in Switzerland excludes any other prosecution for the same act in the requesting State.
Ad articles 7 and 8 (9)
The Swiss Federal Council declares that, in the light of the regulations in Swiss law, extradition may not be granted for an offence committed on Swiss territory or in a place assimilated to that territory, unless pursuant to Article 2, paragraph 2, that is, when the person claimed is in any case extradited to the requesting State on account of other facts not subject to the Swiss jurisdiction and that it appears to favour its proceedings,
Ad article 9
a. Switzerland reserves the right to also refuse extradition, in derogation from Article 9, when decisions motivating the refusal of extradition, in derogation from this provision were made in a third State in the territory of which the offence was committed.
b. Switzerland also reserves the right to grant extradition, contrary to article 9, 1^ère sentence of the Convention, when it has granted it for other offences and the requesting State has demonstrated that new facts or means of evidence reached its knowledge justify a review of the decision motivating the refusal of extradition under that article, or where the wanted person has not suffered any or part of the sentence or measure imposed against it by that decision.
Ad article 11
Switzerland reserves the right to apply article 11, by analogy, also in cases where the right of the requesting party provides that the defendant may, on account of the extradition, be liable to a penalty that infringes his or her personal integrity or be subject to a measure of that nature.
Ad article 14, paragraph 1, letter b
The Swiss Federal Council declares that the Swiss authorities consider enlargement as final within the meaning of Article 14 of the Convention, if it allows the extradited person to circulate freely without violating the rules of conduct and other conditions imposed by the competent authority. In the opinion of the Swiss authorities, extradition is always supposed to have the opportunity to leave the territory of a State within the meaning of this provision when neither a disease nor any other real restriction of its freedom of movement actually prevents it from leaving.
Ad article 16, paragraph 2
Switzerland requests that any request addressed to it under Article 16, paragraph 2, contain a brief description of the facts charged to the person sought, including the essential indications to assess the character of the offence under the right of extradition.
Ad article 21
Switzerland also reserves the right not to authorize transit when the dependant of the person sought falls under Article 5 of the Convention or constitutes a breach of requirements restricting trade in goods or establishing market regulations.
Ad article 23
Switzerland requests that requests for extradition addressed to its authorities and their annexes be provided with a translation in the German, French or Italian language, if not in one of these languages.
List of offences for which Swiss law authorizes extradition (10)
(Annex to the reservation on Article 2, paragraph 1, of the European Convention on Extradition)
The Federal Act of 22 January 1892 on extradition to foreign States provides in article 3 that the following facts, including attempted and participating, may be extradited if they constitute a common law offence and are punishable both according to the law of the place of refuge and according to that of the requesting State:
I. Delits (11) against persons
1. Murder, murder, involuntary homicide;
2. Infanticide and abortion;
3. Exposure, neglect of children or defenceless persons;
4. Injuries that caused death or a lasting disability, or a work disability of more than 20 days; participation in a rix having had consequences of this nature;
5. Child abuse on their parents; usual abuse of children by parents or by persons under whose authority they are placed.
II. Penalties (11) against freedom of persons and family rights
6. Adults and children;
7. Sequestration of persons;
8. Abduction of minors;
9. Violation of the domicile committed with aggravating circumstances;
10. Threats to attacks on individuals or properties;
11. Civil termination or deletion.
III. Delits (12) against moors
12. Violin, assault on the stench committed with violence, or on a person without defense or deprived of his or her mental faculties;
13. immoral acts committed on children or on any person by the person entrusted to them;
14. Corruption of minors by parents, guardians or any other person responsible for their supervision;
15. Professional procuring; trafficking in women and children;
16. Acts of immorality causing a public scandal;
17. Incest;
18. Bigamie.
IV. Delits (12) against property
19. Brigandage (piracy), extortion, flight, recel;
20. Detouring (fraudulent subtraction) and abuse of confidence;
21. damage to property voluntarily;
22. Scam, fraudulent bankruptcy and fraud in bankruptcy or seizure.
V. Proceedings (12) against the public faith
23. Counterfeit or falsification of currency or paper-money or stamp representing a value (post-exchange, etc.), bank notes, bonds, shares and other securities issued by the State, by corporations, corporations, corporations or individuals; introduction, issuance, release of such counterfeit or falsified objects with fraudulent intention;
24. Counterfeit or falsification of seals, punches, stamps or clichés; fraudulent use or abuse of seals, stamps, punches or fake or authentic clichés;
25. (falsification or forgery of documents); use of false documents (fraudulent use of counterfeit or falsified documents), subtraction of documents, abuse of a white-seing;
26. Move terminals.
VI. Penalties (12) constituting a public danger
27. Injury, misuse of explosives, flooding, intentional or negligent or imprudent;
28. Destruction or degradation, voluntary or negligence or imprudence, railways, steamboats, stations, appliances and electrical lines (telegraphs, telephones) and the endangerment of their operation;
29. Voluntary acts or acts committed by negligence or imprudence, such as the destruction, failure or loss of a vessel;
30. Propagation, voluntary or negligence, contagious diseases, epidemics or epizootics; damage by harmful substances that constitute public danger, sources, fountains or other waters;
31. intentional counterfeiting or falsification of food, which constitutes a danger to the health of persons or animals; the sale or circulation of these unhealthy or corrupt foods, with concealment of their harmful character;
31bis. Voluntary offence of narcotics provisions, as such offence is punishable by imprisonment.
VII. Proceedings (13) against the administration of justice
32. Slanderous denunciation;
33. False oath or false declaration made under solemn promise;
34. False testimony, false report of experts, false statement of an interpreter; subornation of witnesses, experts, interpreters.
Vlll. Proceedings (13) relating to the exercise of public office
35. Corruption of public officials, jurors, arbitrators and experts;
36. Detours and concussions committed by public officials; abuse of authority as a result of corruption or fraudulent intent;
37. Abolishment of letters and telegrams, violation of the secret of letters and telegrams by employees of the post and telegraph administrations.
Article 154 of the Federal Act of 23 September 1953 on maritime navigation under the Swiss flag states that offences which, according to the provisions of this law are punishable by imprisonment of one year or more severe punishment, give rise to extradition within the meaning of Swiss legislation on extradition to foreign States. These are the following facts:
- endangerment of the vessel, intentional or negligence (art. 128);
- endangered navigation, intentional or negligence (art. 129);
- sea traffic of a vessel in poor airworthiness (art. 131);
- lack of assistance (art. 133, 1^er (iii)
- abandonment of the vessel at risk (art. 134);
- non-execution of command (art. 135, 1^er (iii)
- abuse and usurpation of power (art. 136, 1^er (iii)
- drunkenness (art. 139, subparagraphs);
- disobedience (art. 140, 3rd preambular paragraph);
- prohibited boarding of persons and objects (art. 141, 1^er (iii)
- danger of the armor or captain smuggling (art. 142, 1^er and 3rd paragraphs);
- abuse of the pavilion (art. 143, 1^er (iii)
- fraud in registration (art. 144, 1^er (iii)
- subtraction of a ship under the authority, violation of a provision of authority (art. 145);
- irregular alienation (art. 146).
SWITZERLAND
Statement contained in a letter from the Permanent Representative dated 21 August 1991, recorded in the Secretariat General on 22 August 1991 - Or fr.
Referring to the reservation made by Portugal concerning article 1^er, paragraph (c), of the European Convention on Extradition, I have the honour to inform you that my Government aligns itself with the statement of the German government in relation to it, which was brought to your knowledge of 4 February 1991, as well as to the statement, which you were informed of on 4 June 1991, of the Austrian government which joined the German interpretation.
In fact, the above-mentioned reservation is compatible with the meaning and purpose of the Convention only if it does not object without distinction to extradition in any case where a custodial sentence may be imposed or an orderly security measure. My Government also understands the reservation in that the extradition will only be refused if, in accordance with the law of the requesting State, the person sentenced to a custodial sentence has no means to obtain, after having suffered a specified part of the sentence or measure, the examination by a court of a possible stay with trial for the remainder of the penalty.
TURKEY
Reserve recorded in a letter from the Ministry of Foreign Affairs, dated 30 November 1957, delivered to the Secretary General at the time of signing, on 13 December 1957 - Gold. fr
The insurance mentioned in Article 11 shall be limited to the following procedure:
In the event of the extradition to Turkey of a sentenced to death or an individual charged with a crime punishable by capital punishment, the requested Party whose legislation does not provide for the death penalty is authorized to transmit an application for commutation of the death penalty in perpetual imprisonment. This request will be forwarded by the Government of Turkey to the Grand National Assembly, which ultimately ratifies a death sentence, as long as it has not already ruled on this issue.
Statement contained in a letter from the Permanent Representative of Turkey, dated 15 June 1994, registered in the General Secretariat, on 21 June 1994 - Or. en.
With regard to reservations and declarations made by Poland upon ratification of the European Convention on Extradition, the Government of Turkey shares the interpretations previously made by the Federal Republic of Germany and Austria registered on 13 October 1993 and 11 January 1994.
The Turkish government considers that Poland's declaration concerning Article 6, paragraph 1.b, assimilating persons receiving asylum in Poland to Polish nationals is compatible with the object and purpose of the Convention only if it does not apply to cases of extradition of such persons to a third State in relation to the case under which the asylum was granted.
ROYAUME-UNI
Reservations and declarations recorded in a letter dated 13 February 1991, delivered to the Secretary General at the time of the deposit of the instrument of ratification deposited on 13 February 1991 - Or. angl.
Article 1
The United Kingdom reserves the right to refuse an extradition requested after or for the execution of a sentence or sentence imposed against the person absent from the proceedings leading to such conviction or sentence.
Article 2
1. The United Kingdom may decide to grant extradition for any offence which, according to the law of the requesting State and the law of the United Kingdom, is justified by a prison sentence of one year or a heavier penalty, whether or not such punishment has been imposed.
2. The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence or with each of the offences for which the person is claimed to return, that because of the insignificant nature of the charge or because it is not formulated in good faith and in the interest of justice, it would be unfair or oppressive, in the circumstances, to return the person concerned.
Article 3
The United Kingdom reserves the right to apply the provisions of Article 3, paragraph 3, only with respect to States parties to the European Convention for the Suppression of Terrorism.
Article 8
The United Kingdom may refuse to extradite a person if the authorities of any part of the United Kingdom, the Channel Islands or the Isle of Man have instituted or are about to institute criminal or other proceedings against that person, whether or not the said procedure is in relation to the offence or offences for which extradition is requested.
Article 9
The United Kingdom reserves the right to refuse the extradition of a person accused of an offence, if it appears that the person, if charged with the same offence in the United Kingdom, would be entitled to be released under a legal provision relating to prior acquitization or conviction.
Article 10
The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence or each of the offences for which the person in question is asked to return, that because of the time elapsed since the alleged offence, or since it has subtracted from justice, as the case may be, it would be unfair or oppressive, in the circumstances, to extradite it.
Article 12
1. In addition to the request and any supporting document, the United Kingdom will require a statement indicating whether or not the conviction on whose behalf the extradition is requested has been made in the presence of the person whose return is sought.
2. The application must be supported by the original of the conviction, sentence or order of detention, or the arrest warrant or any other order having the same effect. (14 )
3. The indication of offences for which extradition is requested must include a description of the facts that would constitute the offence or offences justifying the extradition request.
4. For the purposes of a procedure in the United Kingdom, foreign documents will be required to be properly authenticated
a. if they are presented as signed by a judge, magistrate or civil servant of the State where they were issued; and
b. if they are presented as certified by the official seal of the Minister of Justice or another Minister of that State.
Article 14, para. 1 (a)
The United Kingdom reserves the right, in all cases, not to consent to a person who has been extradited subject to a procedure, sentence or imprisonment for the purpose of executing a sentence or order of detention for an offence committed before extradition, other than that for which he has been extradited, or to what he sees his restricted freedom for any reason.
Article 21
The United Kingdom cannot accept the application of Article 21.
Article 23
The documents to be produced must be in English or be accompanied by a translation in English.
Rule 27
The Convention will apply to the United Kingdom of Great Britain and Northern Ireland, the Anglo-Norman Islands and the Isle of Man. The United Kingdom reserves the right to notify the Secretary General of the application of the Convention to any territory in which the United Kingdom provides international relations.
Rule 28
The Convention replaces the provisions of bilateral treaties between the United Kingdom and other Contracting Parties only to the extent that it applies, under Article 27, to the United Kingdom, to other Contracting Parties and to any territory of which the United Kingdom provides international relations or other Contracting Parties.
Notification
The Convention shall not apply between the United Kingdom and a Contracting Party where laws in force in the United Kingdom or in the territory of that Contracting Party provide for the execution, on the territory of either Party, of warrants issued in the territory of the other Party.
The United Kingdom, in giving effect to this Convention, will take into account its human rights obligations under the European Convention on Human Rights.
ISRAEL
Statements and reservations recorded in the instrument of accession, deposited on 27 September 1967 - Or. angl.
Statements
Declaration on Article 21
Israel shall grant the transit of an individual only in the event that, if the requesting State requested the extradition of Israel from the claimed individual, nothing would legally oppose that individual be declared liable to extradition and extradition.
Declaration on Article 22
Written statements or statements made under oath or not, or certified copies of such statements or statements, the arrest warrant and other judicial documents establishing the existence of the conviction, shall be received as valid evidence in the proceedings for the examination of the extradition request if they are subject to the signature or accompanied by the attestation of a judge or official of the requesting State or if they are to the sealing State.
Reservations
Reservation for Article 2 and Article 4
Israel shall grant the extradition of an individual only if the individual is prosecuted or has been convicted in the requesting State for an act which, if committed in Israel, would constitute one of the following offences:
a. Any punishable offence of capital punishment or imprisonment for more than three years (even if the sentence is lighter when the sentence is pronounced by a court of proceedings), except:
1. an offence of which an individual may be charged only if, at the time of his or her commission, he or she is a soldier within the meaning of the Military Justice Act 5715-1955;
2. the offences referred to in section 85 of the Order of 1936 promulgating the Criminal Code (precludes by force or interferes with the appeal to a competent officer of the public force or his presence in the event of a seditious or rioting attroupement) or by Act 5719-1959 amending the provisions of the criminal law relating to bigamia (bigamy);
3. the offences referred to in Act 5712-1952 amending the provisions of criminal law relating to attempted assaults against law enforcement officials, or one of the laws listed in the Schedule to Act 5711-1951 on jurisdiction in the area of prevention of mercantilism and speculation ( Miscellaneous local laws, regulations and regulations governing the sublocation and housing of pensioners, as well as distribution, prices and control
b. An offence punishable by a lighter penalty than those mentioned above and qualified as such by Act 5712-1952 amending the provisions of criminal law relating to corruption or by one of the following articles of the order of 1936 promulgating the Criminal Code: 88 (acting to prevent sedated departure of a ship), 109B, 110-115 (diverse offences consisting of an oath committed in the exercise of public functions), (sodomie), 185, 186 (negligence in the supply of foods, etc., to children and neglect of children), 195 (propagation of an infection or a dangerous disease), 218 (homicide by imprudence), 242, 250 (de facto causing bodily injury), 261, 262 (mandatory work and arbitrary arrest or detention), 270 (volco
Reservation for Article 2
Israel will grant the extradition of an individual charged with an offence only if it is established before a court of Israel that there is evidence that would be sufficient to justify his trial on the basis of such an offence in Israel.
Reservation for Article 9
Israel will not be entitled to an extradition request if the individual claimed has received a grace or a handover in the requesting State for the criminal act in question.
Reservation for Article 14
Israel will not grant extradition in derogation from the speciality rule except
a. if the claimed individual was, in his absence, declared to be extraditable for the other fact, after having had the opportunity to be represented in the procedure for that declaration;
b. provided that the claimed individual will not be prosecuted, tried or detained for the execution of a sentence, unless he or she has left the territory of the requesting State after his or her extradition, he or she has not returned voluntarily, or having had the opportunity to do so he has not left the territory of the requesting State within 60 days.
Reservation for Article 15
Article 15 will be interpreted as if in article 14, paragraph 1 b., the words "in the 45 days" were replaced by the words "in the 60 days".
Declaration recorded in a letter from the Ambassador of Israel in charge of Relations with the Council of Europe, dated 2 December 1997, registered in the General Secretariat on 5 December 1997 - Or. angl.
With respect to Article 23 of the Convention, the Government of the State of Israel requests that the documents to be produced by the requesting Party be translated into English or Hebrew.
____
Notea
(1) Statement amended by letter from the Permanent Representative of Austria, dated 16 April 1985, registered in the General Secretariat on 17 April 1985 - Or. angl.
The statement made by the Republic of Austria with respect to Article 21, paragraph 5 of the European Extradition Convention of 13 December 1957 is hereby restricted to the extent that the first sentence is to be deleted.
Accordingly, this statement is now read as follows:
"The transit for offences which, according to the law of the requesting State, are punishable by the death penalty or a penalty incompatible with the assumptions of humanity and human dignity will be granted under the conditions governing extradition for such offences. »
(2) Letter from the Permanent Representative of Portugal dated 12 February 1990.
(3) This statement replaces the declaration on articles 6 and 21 filed on 14 February 1969.
(4) Reservations amended by letter from the Permanent Representative of Norway dated 17 January 1977, registered in the General Secretariat on 19 January 1977 - Or. angl.
The original reservations read as follows:
“Article 2, paragraph 1. According to paragraph 2 of the Norwegian Extradition Act of 13 June 1908, Norway is only able to grant extradition on account of facts that, under the Norwegian Criminal Code, are punished or punished by imprisonment for more than one year.
Article 3, paragraph 3. Under paragraph 3 of the Norwegian Extradition Act, extradition may not be granted on the basis of an attack on the life of a Head of State or a member of his family if the offence was committed in connexity with another offence of a political character.
Article 4. With respect to offences which, under Norwegian law, would have been regarded as military offences, extradition may only be granted under Article 2 of the Norwegian Extradition Act, if the offence, apart from its military character, would have constituted an offence that may give rise to extradition and provided that the extradited individual is not punished by a more severe penalty than the maximum prescribed for the ordinary offence. »
(5) Reservation amended by letter from the Ministry of Foreign Affairs, dated 14 April 1967, registered in the General Secretariat on 21 April 1967 - Or. angl.
The original reservation read as follows:
"The extradition of an individual who has not yet been tried definitively for the fact incriminated on the basis of which extradition is requested will only be granted if the said act corresponds to an offence struck by the Swedish law of forced labour. »
(6) Reservation withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered in the General Secretariat on 26 January 1983 - Or. en.
(7) Statement amended by letter from the Permanent Representative of Switzerland dated 25 January 1983, registered in the General Secretariat on 26 January 1983 - Or. en.
The original declaration read as follows:
"The Swiss Federal Council declares that the reservation made with respect to Article 2, paragraph 1, does not prevent Switzerland, where an extradition is or has been granted for a crime or offence to which it is authorized by Swiss law, from extending its effects to any other punishable act under a common law provision of Swiss law. »
The amendment took effect on 1^er January 1983.
(8) Statement amended by letter from the Permanent Representative of Switzerland dated 25 January 1983, registered in the General Secretariat on 26 January 1983 - Or. en.
The original declaration read as follows:
"The Swiss Federal Council declares that Swiss law does not authorize the extradition of Swiss nationals. Offences committed outside Switzerland and punishable under Swiss law as crimes or offences may be prosecuted and tried by the Swiss authorities if the legal conditions are met, -when they have been committed against Switzerland (art. 5 of the Swiss Penal Code); - where, according to Swiss law, they could be extradited and committed by a Swiss (art. 6 of the Swiss Penal Code); Article 16 of the Federal Act of 14 March 1958 on the responsibility of the Confederation, its officials and its officials; -when committed on board a Swiss ship or a Swiss aircraft (art. 4 of the Federal Act of 23 September 1953 on marine navigation under the Swiss flag); Art. 97 of the Federal Act of 21 December 1948 on Air Navigation). »
The amendment took effect on 1^er January 1983.
(9) Reserved by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered in the General Secretariat on 26 January 1983 - Or. en.
(10) The list became irrelevant following the withdrawal of the reservation to article 2 paragraph 1 (see page 1).
(11) The term "delits" in section 3 of the Extradition Act must be taken in the sense of offence" and covers both crimes and offences within the meaning of criminal law.
(12) The term "delits" in section 3 of the Extradition Act must be taken in the sense of "offence" and applies both to crimes and offences within the meaning of criminal law.
(13) The term "delits" in section 3 of the Extradition Act must be taken in the sense of "offence" and applies both to crimes and offences within the meaning of criminal law.
(14) Reservation withdrawn by letter from the Permanent Representative dated 18 June 1991, recorded in the General Secretariat on 21 June 1991 - Or. angl.

B. ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION OF EXTRADITION, DATED 15 OCTOBER 1975;
DANEMARK
Declaration recorded in the instrument of ratification, deposited on 13 September 1978 - Or. en.
Under Article 6.1 of the Additional Protocol, we declare that we do not accept Title I.
HONGRIE
Reservation recorded in a letter from the Permanent Representative of Hungary to the Secretary General upon deposit of the instrument of ratification, 13 July 1993 - Or. angl.
Since Article 6 of the Additional Protocol to the European Extradition Convention allows for the total exclusion of Title I or II only, Hungary states that it does not accept Title I of the said Protocol.
Although Hungarian law is in accordance with Article 1.a and (b) and contains no provision contrary to paragraph (c), Hungary reserves the right to consider cases on a case-by-case basis whether or not to satisfy extradition requests based on paragraph (c).
ISLAND
Declaration made at the deposit of the instrument of ratification on 20 June 1984 - Or. angl.
Iceland does not accept Part I of the Protocol.
PAYS-BAS
Statements recorded in the instrument of acceptance deposited on 12 January 1982 - Or. angl.
The Government of the Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe.
The Government of the Kingdom of the Netherlands declares, in accordance with Article 6 of the Protocol, that it does not accept Title I of the Protocol.
Although, for acts committed during an international armed conflict, Dutch legislation is in full conformity with Article 1 (introduction and a. and b.) and does not include provisions in opposition to Article 1 (introduction and c.), the Government of the Kingdom of the Netherlands reserves the right to refuse to grant extradition in cases of violations of the laws and customs of war committed during an international armed conflict.
Statement contained in a letter from the Permanent Representative of the Netherlands, dated 20 February 1986, registered in the Secretariat General on 21 February 1986 - Or. angl.
Following the letter from the Permanent Representative of the Netherlands No. 1799 dated 24 December 1985 (1), I have the honour to inform you of the following, in your capacity as depositary of the treaties listed in the annex.
The treaties listed in the annex, to which the Kingdom of the Netherlands is a Party (for the Kingdom in Europe) also apply to Aruba from 1^er January 1986.
List of Conventions covered by the Declaration
86 Additional Protocol to the European Convention on Extradition (1975)
Declaration recorded in a letter from the Permanent Representative of the Netherlands, dated 14 May 1986, registered in the General Secretariat on 15 May 1986 - Or. angl.
I have the honour to draw your attention to the following:
The declaration of applicability to Aruba of the Additional Protocol to the European Convention for Extradition (1975) and the Second Additional Protocol to the European Convention for Extradition (1978) must be considered a provisional communication which will be confirmed as final when the European Convention for Extradition (1957) will be declared applicable to Aruba.
The previous communication concerning the two Protocols was based on an administrative error, as national procedures within the Kingdom of the Netherlands have not yet been completed.
Statement contained in a Verbal Note of the Permanent Representation of the Netherlands, dated 21 July 1993 and recorded in the General Secretariat on the same day - Gold, angl.
The Permanent Mission of the Kingdom of the Netherlands declares that the Government of its country, in accordance with Article 5, paragraph 2, of the Additional Protocol to the European Convention on Extradition and in accordance with Article 8, paragraph 2 of the Second Additional Protocol of 17 March 1978, extends the application of the two protocols to the Netherlands Antilles and to Aruba with respect to the Parties, for which the European Convention on Extradition also applies to the Netherlands Antilles and to Aruba. The declaration made by the Netherlands concerning the additional protocol of 15 October 1975 also applies to the Netherlands Antilles and Aruba.
NORVEGE
Declaration recorded in the instrument of ratification, deposited on 11 December 1986 - Or. angl.
Pursuant to Article 6, Norway states that it does not accept Part I of the Protocol.
RUSSIA
Statement in a letter from the First Vice-Minister of Foreign Affairs of the Russian Federation, delivered to the Secretary General at the signing on 7 November 1996 - Or. rus./angl.
In the light of its statement on Article 3 of the European Convention for Extradition of 1957, the Russian Federation does not consider as exhaustive the list of non-political offences contained in Article 1 of the Protocol.
SUEDE
Declaration recorded in the instrument of ratification, deposited on 2 February 1976 - Or. angl. Sweden does not accept title I of the said Protocol.
____
Notea
(1) Note by the Secretariat
Letter from the Permanent Representative of the Netherlands, dated 24 December 1985:
The Ile d'Aruba, which is still part of the Netherlands Antilles, will obtain its internal autonomy as a country within the Kingdom of the Netherlands from the 1st^er January 1986. As a result, from that date, the Kingdom will no longer be composed of two countries, namely the Netherlands (Kingdom in Europe) and the Netherlands Antilles (located in the Caribbean region), but three countries, namely the two aforementioned and Aruba.
Like the changes affecting 1^er January 1986 concerns only a change in domestic constitutional relations within the Kingdom of the Netherlands, and since the Kingdom as such remains the subject of international law with which treaties are concluded, these changes will not have consequences in international law with respect to the treaties concluded by the Kingdom and which already apply to the Netherlands Antilles including Aruba. These treaties will remain in force for Aruba in its new country capacity within the Kingdom. Therefore, with respect to the Kingdom of the Netherlands, these treaties will apply from 1^er January 1986, in the Netherlands Antilles (without Aruba) and in Aruba.
Therefore, with respect to the Kingdom of the Netherlands, the treaties listed in the annex to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles will apply, from 1^er January 1986, the Netherlands Antilles and Aruba.

C. DEUXIEME PROTOCOLE ADDITIONNEL A LA CONVENTION EUROPEENNE D'EXTRADITION, FAIT A STRASBOURG ON 17 MARCH 1978:
AUTRICHE
* Reservation in the instrument of ratification, deposited on 2 May 1983 - Or. angl.
Pursuant to Article 9, paragraph 2 of the Protocol, the Republic of Austria declares to accept Chapter II only for tax, tax and customs offences.
* Reservation withdrawn by letter from the Permanent Representative of Austria, dated 8 September 1994, registered in the General Secretariat on 9 September 1994 - Or. en.
In accordance with Article 9, paragraph 3, of the Second Protocol to the European Convention for the Extradition of 17 March 1978, the Federal Government of the Republic of Austria withdraws its reservation, in accordance with Article 9, paragraph 2, of the Protocol, to accept Part II only with respect to tax and customs offences.
and Declaration contained in the same letter as the withdrawal of reservation above - Gold. fr.
In relation to the Member States of this Additional Protocol, Austria declares that, under the conditions provided for in Part II, it will also grant extradition for offences that consist exclusively in contravention of the regulations on monopolies or on the export, import or transit as well as on the ration of goods.
BELGIOUE
Reservation recorded in the instrument of ratification deposited on 18 November 1997 - Gold. en.
Belgium declares that it does not accept Part V of the Second Additional Protocol to the European Extradition Convention.
BULGARIE
Reservation made at the signing on 30 September 1993 and confirmed at the deposit of the instrument of ratification on 17 June 1994 - Or. en.
Pursuant to Article 9, paragraph 2, the Republic of Bulgaria declares itself to reserve the right not to accept Part I of the Protocol and to accept Part II of the same Protocol in respect of tax, tax, customs and foreign exchange offences, which are punishable under the Bulgarian Penal Code.
ITALY
Reservation (1) made upon signature on April 23, 1980 and renewed upon deposit of the instrument of ratification, January 23, 1985 - Gold. en.
Referring to Article 9 of the Second Protocol to the European Extradition Convention, Italy reserves the right not to accept Title III.
LETTONIE
Statement contained in a Verbal Note by the Minister for Foreign Affairs of Latvia, dated 17 April 1997, submitted to the Secretary General at the time of the deposit of the instrument of ratification, on 2 May 1997 - Or. angl.
In accordance with Article 9, paragraph 2, of the Second Protocol to the Extradition Convention of 1978, the Republic of Latvia reserves the right not to accept Part V of the Protocol.
PAYS-BAS
Declaration contained in the instrument of acceptance, deposited on 12 January 1982 - Or. angl.
The Government of the Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe.
Declaration recorded in a letter from the Permanent Representation of the Netherlands, dated 20 February 1986, registered in the General Secretariat on 21 February 1986 - Or. angl.
Following the letter from the Permanent Representative of the Netherlands No. 1799 dated 24 December 1985 (2), I have the honour to inform you of the following, in your capacity as depositary of the treaties listed in the annex.
The treaties listed in the annex, to which the Kingdom of the Netherlands is a Party (for the Kingdom in Europe) also apply to Aruba from 1^er January 1986.
List of Conventions covered by the Declaration
..... 98 Second Additional Protocol to the European Convention for Extradition (1978) .......
Declaration recorded in a letter from the Permanent Representative of the Netherlands, dated 14 May 1986, registered in the General Secretariat on 15 May 1986 - Or. angl.
I have the honour to draw your attention to the following:
The declaration of applicability to Aruba of the Additional Protocol to the European Convention for Extradition (1975) and the Second Additional Protocol to the European Convention for Extradition (1978) must be considered a provisional communication which will be confirmed as final when the European Convention for Extradition (1957) will be declared applicable to Aruba.
The previous communication concerning the two Protocols was based on an administrative error, as national procedures within the Kingdom of the Netherlands have not yet been completed.
Statement contained in a Verbal Note of the Permanent Representation of the Netherlands, dated 21 July 1993 and recorded in the General Secretariat on the same day - Or. angl.
The Permanent Mission of the Kingdom of the Netherlands declares that the Government of its country, in accordance with Article 5, paragraph 2, of the Additional Protocol to the European Convention on Extradition and in accordance with Article 8, paragraph 2 of the Second Additional Protocol of 17 March 1978, extends the application of the two protocols to the Netherlands Antilles and to Aruba with respect to the Parties, for which the European Convention on Extradition also applies to the Netherlands Antilles and to Aruba. The declaration made by the Netherlands concerning the additional protocol of 15 October 1975 also applies to the Netherlands Antilles and Aruba.
NORVEGE
Reservation recorded in the instrument of ratification, deposited on 11 December 1986 - Or. angl.
Pursuant to Article 9, Norway states that it does not accept Parts I and V of the Protocol.
RUSSIA
Reservation and Declaration recorded in a letter from the First Vice-Minister for Foreign Affairs of the Russian Federation, delivered to the Secretary General at the signing on 7 November 1996 - Or. rus./angl.
The Russian Federation reserves the right not to apply the provisions of Part V.
The authority designated by the Russian Federation to consider extradition matters is the Office of the Attorney General of the Russian Federation.
SUEDE
Statement contained in a letter from the Permanent Representative of Sweden, dated 11 June 1979 and recorded in the General Secretariat on 13 June 1979 - Or. en.
In the application of Article 12, paragraph 1, of the Convention (Title V, Article 5 of the Protocol), the functions assigned to the Ministry of Justice are assumed by the Ministry of Foreign Affairs.
SWITZERLAND
Reservation made at the time of signature, November 17, 1981, and renewed at the time of deposit of the instrument of ratification, March 11, 1985 - Gold. en.
Switzerland declares that it does not accept Part II of the Second Additional Protocol to the European Extradition Convention.
TURKEY
Reservation made on 16 July 1987 and confirmed in the instrument of ratification deposited on 10 July 1992 - Or. angl.
The Government of the Republic of Turkey reserves the right to use the diplomatic channel for the transmission of extradition requests in order to monitor and execute the necessary procedures through diplomatic missions in the requested State, while taking into account the type of request.
ROYAUME-UNI
Reservation recorded in a letter from the Permanent Representative to the Secretary General upon signature, 9 November 1992 - Or. angl.
In accordance with Article 9(2), the United Kingdom reserves the right not to accept Chapters I, III, IV or V of the Protocol.
Reservation recorded in the instrument of ratification, deposited on 8 March 1994 - Or. angl.
In accordance with Article 9, paragraph 2, the United Kingdom declares that it does not accept Chapter I, Chapter III, Chapter IV or Chapter V of the Protocol
____
Notea
(1) Reservation withdrawn by Note Verbale de la Représentation Permanente d'It alie enregistré au Secrétariat Général le 23 août 1990 - Or. en.
(2) Note by the Secretariat
Letter from the Permanent Representative of the Netherlands, dated 24 December 1985:
The Ile d'Aruba, which is still part of the Netherlands Antilles, will obtain its internal autonomy as a country within the Kingdom of the Netherlands from the 1st^er January 1986. As a result, from that date, the Kingdom will no longer be composed of two countries, namely the Netherlands (Kingdom in Europe) and the Netherlands Antilles (located in the Caribbean region), but three countries, namely the two aforementioned and Aruba.
Like the changes affecting 1^er January 1986 concerns only a change in domestic constitutional relations within the Kingdom of the Netherlands, and since the Kingdom as such remains the subject of international law with which treaties are concluded, these changes will not have consequences in international law with respect to the treaties concluded by the Kingdom and which already apply to the Netherlands Antilles including Aruba. These treaties will remain in force for Aruba in its new country capacity within the Kingdom. Therefore, with respect to the Kingdom of the Netherlands, these treaties will apply from 1^er January 1986, in the Netherlands Antilles (without Aruba) and in Aruba.
Therefore, with respect to the Kingdom of the Netherlands, the treaties listed in the annex to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles will apply, from 1^er January 1986, the Netherlands Antilles and Aruba.