22 AVRIL 1997. Act to: (a) European Convention of Extradition, made in Paris on 13 December 1957, b) Additional Protocol to the European Convention on Extradition, done in Strasbourg on 15 October 1975, c) Second Additional Protocol to the European Convention on Extradition, done at Strasbourg on 17 March 1978, 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 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in section 77, paragraph 1^er6° of the Constitution.
Art. 2. The following international acts will come out of their full effect:
(a) European Convention of Extradition, made in Paris on 13 December 1957;
(b) Additional Protocol to the European Convention on Extradition, done in Strasbourg on 15 October 1975;
(c) Second Additional Protocol to the European Convention on Extradition, done at Strasbourg on 17 March 1978;
(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.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 April 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Justice,
S. DE CLERCK
Seal of the state seal:
Minister of Justice,
S. DE CLERCK.
European Extradition Convention
The Signatory Governments, Members of the Council of Europe,
Considering that the purpose of the Council of Europe is to achieve a closer union between its Members;
Considering that this objective can be achieved by the conclusion of agreements or by the adoption of a joint action in the legal field;
Convinced that the acceptance of uniform rules on extradition is likely to advance this unification work,
The following agreed:
Article 1^er
Obligation to extradite
The Contracting Parties undertake to engage in mutual action, in accordance with the rules and conditions determined by the following articles, individuals who are prosecuted for an offence or sought for the purpose of carrying out a sentence or security measure by the judicial authorities of the requesting Party.
Article 2
Extradition
1. Extradition shall be given to the facts punishable by the laws of the requesting Party and the requested Party of a custodial sentence or a measure of deprivation of liberty of not less than one year or more severe penalty Where a sentence has occurred or a security measure has been imposed on the territory of the requesting Party, the penalty imposed shall be for a minimum of four months
2. If the extradition request applies to a number of separate acts each punishable under the law of the requesting Party and the requested Party of a custodial sentence or custodial security measure, but some of which do not meet the penalty rate requirement, the requested Party shall also have the power to grant extradition for the latter.
3. Any Contracting Party whose legislation does not authorize extradition for certain offences referred to in paragraph 1^er in respect of this article may exclude such offences from the scope of the Convention.
4. Any Contracting Party that wishes to avail itself of the faculty provided for in paragraph 3 of this article shall notify the Secretary-General of the Council of Europe, at the time of deposit of its instrument of ratification or accession, either a list of offences for which extradition is authorized, or a list of offences for which extradition is excluded, indicating the legal provisions authorizing or excluding extradition. The Secretary-General of the Council will communicate these lists to other signatories.
5. If, subsequently, other offences come to be excluded from extradition by law of a Contracting Party. the Council shall notify the Secretary-General of this exclusion, who shall inform the other signatories. This notification shall only take effect upon the expiration of a period of three months from the date of receipt by the Secretary-General.
6. Any Party that has made use of the faculty set out in paragraphs 4 and 5 of this article may at any time submit to the application of this Convention offences that have been excluded from it. The Commission will notify the Secretary-General of the changes that will be communicated to the other signatories.
7. Any Party may apply the reciprocity rule with respect to offences excluded from the scope of the Convention under this article.
Article 3
Political offences
1. Extradition will not be granted if the offence for which it is requested is considered by the requested Party as a political offence or as a related fact to such an offence.
2. The same rule shall apply if the requested Party has serious reasons to believe that the request for extradition motivated by a common law offence has been submitted for the purpose of prosecuting or punishing an individual on grounds of race, religion, nationality or political opinion or that the situation of that individual may be aggravated for any of these reasons.
3. For the purposes of this Convention, the attack on the life of a Head of State or a member of his family will not be considered a political offence.
4. The application of this Article will not affect the obligations that Parties have assumed or will assume under any other multilateral international convention.
Article 4
Military offences
Extradition of military offences that do not constitute ordinary offences is excluded from the scope of this Convention.
Article 5
Tax offences
In respect of taxes, customs, currency, extradition shall be granted, under the conditions provided for in this Convention, only if so decided between Contracting Parties for each offence or class of offences.
Article 6
Extradition of nationals
1. (a) Any Contracting Party shall be entitled to refuse the extradition of its nationals.
(b) Each Contracting Party may, by a declaration made at the time of signature or deposit of its instrument of ratification or accession. define, with regard to her. the term "nationals" within the meaning of this Convention.
(c) The quality of the national will be appreciated at the time of the extradition decision. However, if this quality is recognized only between the time of the decision and the intended date for delivery, the requested Party may also avail itself of the provision of paragraph (a) of this paragraph.
2. If the requested Party does not extradite its national, it shall, at the request of the requesting Party, submit the case to the competent authorities so that judicial proceedings may be instituted if necessary. For this purpose, files, information and objects relating to the offence will be sent free of charge by the means provided for in paragraph 1^er of Article 12. The requesting Party will be informed of the follow-up to its application.
Article 7
Place of perpetration
1. The requested Party may refuse to extradite the individual claimed for an offence that. according to its legislation, was committed in whole or in part in its territory or in a place assimilated to its territory.
2. Where the offence of requesting extradition has been committed outside the territory of the requesting Party, extradition may only be refused if the legislation of the requested Party does not authorize the prosecution of an offence of the same kind committed outside its territory or does not authorize extradition for the offence being the subject of the application.
Article 8
Ongoing prosecutions for the same facts
A Requested Party may refuse to extradite an individual claimed if that individual is the subject of his or her share of prosecution for the purpose of which extradition is requested.
Article 9
"Non bis in idem"
Extradition shall not be granted where the claimed individual has been definitively tried by the competent authorities of the requested Party, for the reason(s) for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided not to prosecute or to discontinue the proceedings they have carried out for the same or the same facts.
Article 10
Prescription
Extradition shall not be granted if the limitation of action or sentence is acquired under the law either of the requesting Party or of the requested Party.
Article 11
Capital punishment
If the fact at which extradition is requested is punishable by the law of the requesting Party and, in that case, the penalty is not provided by the law of the requested Party, or is generally not enforced, the extradition may be granted only if the requesting Party gives assurances deemed sufficient by the requested Party, that the capital punishment will not be executed.
Article 12
Application and supporting parts
1. The request will be made in writing and submitted through diplomatic channels Another path may be agreed by direct arrangement between two or more Parties.
2. It will be produced in support of the request:
(a) the original or authentic shipment either of an enforceable conviction or of an arrest warrant or any other act having the same force, issued in the forms prescribed by the law of the requesting Party;
(b) a statement of the facts for which extradition is requested. The time and place of their perpetration, their legal qualification and references to the legal provisions applicable to them will be indicated as precisely as possible; and
(c) a copy of the applicable legal provisions or, if this is not possible, a statement on the applicable law, as well as the specific notification as possible of the individual claimed and any other information that determines their identity and nationality.
Article 13
Additional information
If the information provided by the requesting Party is found to be insufficient to allow the requested Party to make a decision pursuant to this Convention, the latter Party shall request the necessary additional information and may finance a time limit for obtaining such information.
Article 14
Speciality rule
1. The individual who has been delivered shall not be prosecuted, tried or detained for the execution of a penalty or a security measure or subject to any other restriction of his or her personal liberty, for any act prior to the handover, other than the person who has motivated the extradition, except in the following cases:
(a) where the Party that delivered it consents to it. An application will be submitted for this purpose. accompanied by the documents provided for in Article 12 and a judicial record containing the declarations of the extradition. This consent will be given where the offence for which it is requested itself entails the obligation to extradite under this Convention;
(b) in the event of the possibility of doing so, the extradited individual did not leave within 45 days of its final enlargement, the territory of the Party to which it was delivered or returned after leaving it.
2. However, the requesting Party may take the necessary measures for a part of a possible removal of the territory, on the other hand, by an interruption of the limitation in accordance with its legislation, including the use of a default procedure.
3. When the qualification given to the offence will be changed during the proceedings, the extradited individual will be prosecuted or tried only to the extent that the constituent elements of the newly qualified offence would permit extradition.
Article 15
Extradition to a third State
Except as provided in paragraph 1, paragraph (b) of Article 14, the consent of the requested Party shall be necessary to allow the requesting Party to give to another Party or to a third State the person who has been handed over to it and who would be sought by the other Party or by the third State for offences prior to the surrender. The requested Party may require the production of the parts provided for in Article 12, paragraph 2.
Article 16
Provisional arrest
1. In the event of an emergency, the competent authorities of the requesting Party may request the provisional arrest of the wanted individual; the competent authorities of the requested Party shall decide on this application in accordance with the law of that Party.
2. The request for provisional arrest will indicate the existence of one of the documents provided for in paragraph 2, paragraph (a) of Article 12 and will state the intention of sending an extradition request; it will mention the offence for which extradition will be requested, the time and place where it has been committed, and, to the extent possible, the report of the individual sought.
3. The request for provisional arrest will be forwarded to the competent authorities of the requested Party either through diplomatic channels, either directly by mail or telegraph, or by the International Criminal Police Organization (Interpol), or by any other means leaving a written record or admitted by the requested Party. The requesting authority will be informed without delay of the action given at its request.
4. The provisional arrest may terminate if, within 18 days of the arrest, the requested Party has not been seized of the extradition request and the documents referred to in Article 12; In no case shall she exceed 40 days after the arrest. However, provisional release is possible at any time, except for the requested Party to take any action that it considers necessary to avoid the escape of the claimed individual.
5. The release will not be opposed to a new arrest and extradition if the extradition request reaches a later date.
Article 17
Contest of queries
If extradition is requested concurrently by several States, either for the same fact or for different facts. the requested Party shall rule in the light of all circumstances, including the relative gravity and location of the offences. the respective dates of the requests, the nationality of the claimed individual and the possibility of subsequent extradition to another State.
Article 18
Remission of the extradited
1. The requested Party shall notify the requesting Party by the way provided for in paragraph 1^er of Article 1^er, its decision on extradition
2. Any complete or partial rejection will be motivated.
3. In the event of acceptance, the Requesting Party will be informed of the place and date of surrender, as well as the duration of the detention for extradition by the claimed individual.
4 Subject to the case referred to in paragraph 5 of this Article, if the claimed individual has not been received on the fixed date. may be released on the expiry of a period of 15 days from that date and will in any case be released on the expiry of a period of 30 days; the requested Party may refuse to extradite it for the same fact.
5. In the event of force majeure preventing the surrender or receipt of the individual to be extradited, the Party concerned shall inform the other Party; both Parties shall agree on a new date of delivery and the provisions of paragraph 4 of this Article shall apply.
Article 19
Adjournment or conditional
1. The requested Party may. after deciding on the extradition request, adjourn the surrender of the claimed individual so that he may be prosecuted by him or, if he or she has already been convicted, so that he or she may serve, on his territory, a penalty incurred by reason of a fact other than that for which extradition is sought.
2. Instead of adjourning the delivery. the requested Party may temporarily hand over to the requesting Party the claimed individual under conditions to be determined by mutual agreement between the Parties.
Rule 20
Delivery of objects
1. At the request of the requesting Party, the requested Party shall seize and remit, to the extent permitted by its legislation, the objects:
(a) that may be used as evidence, or
(b) that, from the offence, would have been found at the time of the arrest in the possession of the claimed individual or would be discovered later.
2. The surrender of the objects referred to in paragraph 1^er of this section shall be carried out even in the event that the extradition already granted may not take place as a result of the death or escape of the claimed individual.
3. Where such objects are likely to be seized or forfeited in the territory of the requested Party, the requested Party may, for the purposes of an ongoing criminal procedure, temporarily or subject them to restitution.
4. However, the rights that the requested Party or third parties have acquired on these objects are reserved. If such rights exist, the objects will, the trial completed, be returned as soon as possible and free of charge to the requested Party.
Article 21
Transit
1. The transit through the territory of one of the Contracting Parties shall be granted upon request by the way provided for in paragraph 1^er Article 12 provided that it is not an offence considered by the requested Party of transit as political or purely military in the light of Articles 3 and 4 of this Agreement.
2. The transit of a national, within the meaning of Article 6, of the country required for transit, may be refused.
3. Subject to the provisions of paragraph 4 of this Article, the production of the parts provided for in paragraph 2 of Article 12 shall be necessary.
4. In case the airway is used. the following provisions shall be implemented:
(a) where no landing is scheduled, the requesting Party shall notify the Party whose territory shall be overflowed and shall attest to the existence of one of the exhibits provided for in paragraph 2, subparagraph (a) of Article 12. In the case of a fortuitous landing, this notification will result in the effect of the application for provisional arrest referred to in Article 16 and the requesting Party will issue a regular transit request;
(b) where a landing is scheduled, the requesting Patria will issue a regular transit request.
5. However. a Party may declare, at the time of the signature of this Agreement or the deposit of its instrument of ratification or accession, that it shall grant the transit of an individual only on the same terms as those of extradition or to some of them. In such cases, the rule of reciprocity may be applied.
6. The transit of the extradited individual will not be carried out through a territory where it would be necessary to believe that his life or freedom could be threatened because of his race. its religion, nationality or political opinions.
Article 22
Procedure
Unless otherwise provided in this Convention, the law of the requested Party shall apply only to the extradition procedure and to the interim arrest procedure.
Article 23
Languages to be used
The documents to be produced will be written either in the language of the requesting Party or in that of the requested Party. The latter may request a translation into the official language of the Council of Europe that it will choose.
Article 24
Fees
1. The costs incurred by extradition in the territory of the requested Party shall be borne by that Party.
2. The costs incurred by transit through the territory of the requested Party of transit shall be borne by the requesting Party.
3. In the case of extradition from a non-metropolitan territory of the requested Party, the costs of transporting between that territory and the metropolitan territory of the requesting Party shall be borne by the requesting Party. The same applies to the costs of transporting between the non-metropolitan territory of the requested Party and its metropolitan territory.
Rule 25
Definition of "safety measures"
For the purposes of this Convention, the term "safety measures" means any custodial measures that have been ordered in addition or in substitution of a sentence by a criminal court.
Rule 26
Reservations
1. Any Contracting Party may, at the time of signing this Convention or the deposit of its instrument of ratification or accession, make a reservation with respect to one or more specified provisions of the Convention.
2. Any Contracting Party that has made a reservation shall withdraw it as soon as the circumstances permit. The withdrawal of reservations will be made by notification addressed to the Secretary General of the Council of Europe.
3. A Contracting Party that has made a reservation with respect to a provision of the Convention shall not be entitled to claim the application of that provision by another Party except to the extent that it has itself accepted it.
Rule 27
Field of territorial application
1. This Agreement shall apply to the metropolitan territories of the Contracting Parties.
2. It will also apply, with respect to France, Algeria and overseas departments, and with regard to the United Kingdom of Great Britain and Northern Ireland, the Anglo-Norman Islands and the Isle of Man.
3. The Federal Republic of Germany may extend the application of this Agreement to Land Berlin by a statement addressed to the Secretary General of the Council of Europe. The Party shall notify the other Parties of this declaration.
4. By direct arrangement between two or more Contracting Parties, the scope of application of this Agreement may be extended to any territory of any of these Parties other than those referred to in paragraphs 1 of this Agreement.^er2 and 3 of this Article, and one of the Parties shall ensure international relations.
Rule 28
Relationship between this Convention and bilateral agreements
1. This Agreement repeals, with respect to the territories to which it applies, those of the provisions of bilateral treaties, conventions or agreements which, between two Contracting Parties, govern the subject matter of extradition.
2. Contracting Parties may enter into bilateral or multilateral agreements only to supplement or facilitate the application of the principles contained in this Convention,
3. Where, between two or more Contracting Parties, extradition shall be exercised on the basis of uniform legislation, the Parties shall have the power to settle their mutual extradition reports on the basis of this system exclusively notwithstanding the provisions of this Convention. The same principle shall apply between two or more Contracting Parties, each of which has in force a law providing for the execution of arrest warrants issued on the territory of the other or other. Contracting Parties that exclude or will exclude from their mutual relations the application of this Convention, in accordance with the provisions of this paragraph, shall send a notification to that effect to the Secretary-General of the Council of Europe. The Contracting Party shall communicate to the other Contracting Parties any notification received under this paragraph.
Rule 29
Signature, ratification, entry into force
1. This Agreement will remain open for signature by the Members of the Council of Europe. It will be ratified and instruments of ratification will be deposited with the Secretary-General of the Council.
2. The Convention shall enter into force 90 days after the date of deposit of the third instrument of ratification.
3. It will enter into force with respect to any signatory that will subsequently ratify it 90 days after the deposit of its instrument of ratification.
Rule 30
Access
1. The Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to this Convention. The resolution concerning this invitation should receive the unanimous agreement of the members of the Council having ratified the convention.
2. Membership shall be effected by the deposit, with the Secretary-General of the Council, of an instrument of accession which shall take effect 90 days after its deposit.
Rule 31
Denunciation
Any Contracting Party may denounce this Agreement with a notification to the Secretary-General of the Council of Europe. Such denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General of the Council.
Rule 32
Notifications
The Secretary General of the Council of Europe shall notify the Members of the Council and the Government of any State that has acceded to this Convention:
(a) the deposit of any instrument of ratification or accession;
(b) the date of entry into force;
(c) any statement made pursuant to paragraph 1^er Article 6, and Article 21, paragraph 5;
(d) any reservation made pursuant to paragraph 1^er Article 26;
(e) the withdrawal of any reservation made pursuant to the provisions of paragraph 2 of Article 26;
(f) any notification of denunciation received under the provisions of Article 31 of this Convention and the date on which it shall take effect.
In faith, the undersigned, duly authorized to do so. This Agreement was signed.
Done in Paris on 13 December 1957, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary-General of the Council shall send certified copies to the signatory Governments.
Additional Protocol to the European Convention on Extradition
The States members of the Council of Europe, signatories to this Protocol,
Having regard to the provisions of the European Convention for Extradition opened for signature in Paris on 13 December 1957 (hereinafter referred to as "the Convention"), in particular Articles 3 and 9 thereof;
Considering that it is appropriate to supplement these articles with a view to strengthening the protection of the human community and individuals,
The following agreed:
PART I
Article 1^er
For the purposes of Article 3 of the Convention, will not be considered political offences:
(a) crimes against humanity under the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on 9 December 1948 by the General Assembly of the United Nations;
(b) the offences provided for in articles 50 of the 1949 Geneva Convention for the Improvement of the Condition of Wounded and Sick in the Field Armed Forces, article 51 of the 1949 Geneva Convention for the Improvement of the Condition of Wounded, Sick and Naufragés of the Sea Armed Forces, article 130 of the 1949 Geneva Convention relative to the Treatment of Prisoners of War and article 147 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time
(c) any similar violations of the laws of war in force at the time of the entry into force of this Protocol and the customs of war at that time, which are not already provided for in the above-mentioned provisions of the Geneva Conventions.
PART II
Article 2
Article 9 of the Convention is supplemented by the following text, the original article 9 of the Convention constituting paragraph 1^er and the following provisions:
“2. The extradition of an individual who has been the subject of a final judgment in a third State, Contracting Party to the Convention, for the facts on which the application is made, shall not be granted:
a. when the judgement has pronounced its acquittal;
b. where the full deprivation of liberty or the other measure imposed:
(i) has been fully sustained;
(ii) has been the subject of a grace or amnesty relating to its entirety or unexecuted part;
c. when the judge has found the guilt of the perpetrator of the offence without a penalty.
3. However, in the cases provided for in paragraph 2, extradition may be reconciled:
a. if the fact that gave rise to the judgment was committed against a person, institution or property that is public in the requesting State;
b. if the person who was the subject of the judgment itself had a public character in the requesting State;
c. if the fact that gave rise to the judgment was committed in whole or in part in the territory of the requesting State or in a place assimilated to its territory.
4. The provisions of paragraphs 2 and 3 do not preclude the application of the broader national provisions concerning the non-idem effect attached to the judicial decisions pronounced abroad.
PART III
Article 3
1. This Protocol is open for signature by the States members of the Council of Europe that have signed the Convention. It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
2. The Protocol comes into force 90 days after the date of deposit of the third instrument of ratification, acceptance or approval.
3. It will enter into force with respect to any signatory State that will ratify, accept or approve it at a later date 90 days after the date of deposit of its instrument of ratification, acceptance or approval.
4. No Member State of the Council of Europe may ratify, accept or approve this Protocol without having simultaneously or previously ratified the Convention.
Article 4
1. Any State that has acceded to the Convention may accede to this Protocol after its entry into force
2. The accession shall be effected by the deposit, close to the Secretary General of the Council of Europe, of an instrument of accession which shall take effect 90 days after the date of its deposit.
Article 5
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Protocol shall apply.
2. Any State may, at the time of deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Protocol, by declaration addressed to the Secretary-General of the Council of Europe, to any other territory designated in the declaration and to which it assures international relations or for which it is authorized to provide.
3. Any declaration made under the preceding paragraph may be withdrawn, with respect to any territory designated in that declaration, subject to the conditions laid down in Article 8 of this Protocol.
Article 6
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, declare that it does not accept any of Titles I^er or II.
2. Any Contracting Party may withdraw a declaration made by it under the preceding paragraph, by means of a statement addressed to the Secretary-General of the Council of Europe and which shall take effect on the date of its receipt.
3. No reservation is permitted to the provisions of this Protocol.
Article 7
The Council of Europe's European Committee for Criminal Problems will monitor the implementation of this Protocol and will facilitate as much as necessary the friendly settlement of any difficulties to which the implementation of the Protocol would take place.
Article 8
1. Any Contracting Party may, with respect to it, denounce this Protocol by notifying the Secretary-General of the Council of Europe.
2. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.
3. The denunciation of the Convention automatically results in the denial of this Protocol.
Article 9
The Secretary General of the Council of Europe shall notify the Member States of the Council and any State that has acceded to the Convention:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or accession;
(c) any effective date of this Protocol in accordance with Article 3;
(d) any declaration received under the provisions of Article 5 and any withdrawal of such declaration;
(e) any statement made in application of the provisions of paragraph 1^er Article 6;
(f) the withdrawal of any declaration made in application of the provisions of paragraph 2 of Article 6;
(g) any notification received under the provisions of Article 8 of the date on which the denunciation takes effect.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 15 October 1975, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatories and members.
Second Additional Protocol
to the European Convention on Extradition
The States members of the Council of Europe, signatories to this Protocol,
Desirous of facilitating the application of the European Extradition Convention for signature in Paris on 13 December 1957 (hereinafter referred to as "the Convention");
Recognizing also that it is appropriate to supplement the Convention in certain other respects,
The following agreed:
PART I
Article 1^er
Article 2, paragraph 2, of the Convention is supplemented by the following provision:
"This faculty will also apply to facts that are punishable only by a monetary penalty. »
TITR E II
Article 2
Article 5 of the Convention is replaced by the following provisions:
« Tax offences
1. With regard to taxes, customs and currency, extradition shall be granted between the Contracting Parties, in accordance with the provisions of the Convention, for the facts that correspond, according to the law of the requested party, to an offence of the same nature.
2. Extradition may not be refused on the ground that the legislation of the requested party does not impose the same type of taxes or taxes, or does not contain the same type of regulation in respect of taxes, taxes, customs and exchange as the law of the claimant party. "
PART III
Article 3
The Convention is supplemented by the following provisions:
« Default judgments
1. Where a Contracting Party requests another Contracting Party to extradite a person for the purpose of carrying out a penalty or security measure imposed by a default decision against the person, the requested party may refuse to extradite to that end if, in its opinion, the trial proceedings have not satisfied the minimum rights of the defence recognized to any person accused of an offence. However, extradition will be granted if the requesting party gives assurances deemed sufficient to guarantee to the person whose extradition is requested the right to a new trial procedure that safeguards the rights of the defence. This decision allows the requesting party to execute the judgment in question if the convicted person does not object, or to pursue the extradition in the opposite case.
2. Where the requested party communicates to the person whose extradition is requested by default against the person, the requesting party shall not consider the communication as a notification resulting in effects on criminal proceedings in that State. »
PART IV
Article 4
The Convention is supplemented by the following provisions:
“Amnesty
Extradition will not be granted for an offence covered by amnesty in the requested State if it had jurisdiction to prosecute this offence under its own criminal law. »
PART V
Article 5
Paragraph 1^er of Article 12 of the Convention shall be replaced by the following provisions:
"The request will be forged in writing and addressed by the Department of Justice of the requesting party to the Department of Justice of the requested party; However, the diplomatic channel is not excluded. Another path may be agreed by direct arrangement between two or more parties. »
PART VI
Article 6
1. This Protocol is open for signature by the States members of the Council of Europe that have signed the Convention. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited before the Secretary General of the Council of Europe.
2. The Protocol will enter into force 90 days after the date of deposit of the third instrument of ratification, acceptance or approval.
3. It shall enter into force with respect to any signatory State that ratifys, accepts or approves it subsequently, 90 days after the date of deposit of its instrument of ratification, acceptance or approval.
4. A Member State of the Council of Europe may not ratify, accept or approve this Protocol without having simultaneously or previously ratified the Convention.
Article 7
1. Any State that has acceded to the Convention may accede to this Protocol after its entry into force.
2. The accession shall be effected by the deposit, close to the Secretary General of the Council of Europe, of an instrument of accession which shall take effect 90 days after the date of its deposit.
Article 8
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance. for approval or accession, designate the territory or territories to which this Protocol applies.
2. Any State may, at the time of deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Protocol, by declaration addressed to the Secretary-General of the Council of Europe, to any other territory designated in the declaration and to which it assures international relations or for which it is authorized to provide.
3. Any declaration made under the preceding paragraph may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.
Article 9
1. The reservations made by a State concerning a provision of the Convention shall also apply to this Protocol, unless that State expresses its intention to the contrary at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession.
2. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it reserves the right to:
a. not to accept title I;
b. not accept title II or accept it only in respect of certain offences or categories of offences referred to in section 2;
c. not accept title III, or accept only paragraph 1^er Article 3;
d. not to accept title IV;
e. not to accept title V.
3. Any Contracting Party that has made a reservation under the preceding paragraph may withdraw it by means of a declaration addressed to the Secretary-General of the Council of Europe and that will take effect on the date of its receipt.
4. A Contracting Party that has applied to this Protocol a reservation made in respect of a provision of the Convention or that has formulated a reservation to the knowledge of a provision of this Protocol shall not claim to the application of that provision by another Contracting Party; However, it may, if the reservation is partial or conditional, claim the application of this provision to the extent that it has accepted it.
5. No other reservation is permitted to the provisions of this Protocol.
Article 10
The European Committee for Criminal Problems of the Council of Europe will monitor the implementation of this Protocol and will facilitate as much as necessary the friendly settlement of any difficulties to which the implementation of the Protocol would take place.
Article 11
1. Any Contracting Party may, with respect to it. denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.
3. The denunciation of the Convention automatically results in the denunciation of this Protocol.
Article 12
The Secretary General of the Council of Europe shall notify the States members of the Council and any State that has acceded to the Convention:
a. any signature of this Protocol;
b. the deposit of any instrument of ratification, acceptance, approval or accession;
c. any effective date of this Protocol in accordance with Articles 6 and 7;
d. any statement shall, in accordance with the provisions of paragraphs 2 and 3 of Article 8;
e. any declaration received pursuant to paragraph 1^er Article 9;
f. any reservation made in accordance with the provisions of paragraph 2 of Article 9;
g. withdrawal of any reservation made pursuant to the provisions of paragraph 3 of Article 9;
h. any notification received under the provisions of Article 11 and the date on which the denunciation takes effect.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 17 March 1978, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will provide certified copies to each of the States that are signatories and members.
Agreement between the Member States of the European Communities on the simplification and modernization of modes of transmission of extradition requests
Member States of the European Communities, referred to as "member states",
Desirous of improving judicial cooperation in penal matters in the existing extradition relations between them,
Considering that it is desirable to speed up the procedures for the transmission of extradition requests and accompanying documents and that, to this end, modern transmission techniques should be used,
The following agreed:
Article 1^er
1. For the application of the extradition agreements in force between the Member States, each Contracting State shall designate the central authority or, where the constitutional system so provides, the central authorities responsible for transmitting and receiving extradition requests and supporting documents, as well as any other official correspondence related to the extradition request.
2. The designation referred to in paragraph 1^er is made by each Member State at the time of ratification, approval or acceptance of the agreement and may be amended at any other later time. The depositary of the agreement shall communicate the designation and subsequent amendments to each Contracting State.
Article 2
The extradition request and the documents referred to in paragraph 1^er of Article 1^er may be faxed. Each competent authority under Article 1^er has a device that ensures the issuance and receipt of such documents and ensures the correct operation of such documents.
Article 3
1. To ensure both the origin and the confidentiality of the transmission, a cryptographic device will be used for the faxing of the competent authority under Article 1^er where this Agreement is implemented for the purposes of this Agreement.
2. The Contracting States shall agree on the practical modalities for the application of this Agreement.
Article 4
In order to ensure the guarantee of authenticity of extradition parts, the competent authority under Article 1^er the requesting State declares in its application that it certifies the conformity of the originals of the documents transmitted in support of this request and gives it the description of the pagination. In the event of a challenge to the conformity of documents to the originals by the requested party, the competent authority of the requested State, pursuant to Article 1^er, shall be founded to claim to the competent authority of the requesting State the production, within a reasonable time, of original documents or in a true copy, by diplomatic means or any other agreed path.
Article 5
1. This Agreement shall be open for signature by the Member States. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited under the Ministry of Foreign Affairs of Spain.
2. The agreement shall enter into force 90 days after the date of deposit of instruments of ratification, acceptance or approval by all Member States of the European Union on the date of opening for signature.
3. Until this Agreement comes into force, each State may, at the time of deposit of its instrument of ratification, acceptance or approval or at any later time, declare that the agreement is applicable to it in its relations with the States that have made the same declaration after the date of deposit.
4. A State that has not made the declaration may apply the agreement with other Contracting States on the basis of bilateral agreements.
5. The Ministry of Foreign Affairs of Spain will notify all Member States of any signature, deposit of instrument or declaration.
Article 6
This agreement is open to the accession of any State which becomes a member of the European Communities. The instruments of accession will be deposited with the Ministere des Affaires étrangères de l'Espagne.
This Agreement shall enter into force in respect of any State which accedes to it 90 days after the date of deposit of its instrument of accession.
The Ministry of Foreign Affairs of Spain will send certified copies to signatory governments.
European Extradition Convention, made in Paris on 13 December 1957
List of States related to the Convention
For the consultation of the table, see image
Declarations and reservations made upon ratification by Belgium of the Convention
I. DECLARATIONS
Article 1^er :
"The Belgian Government considers that Portugal's reservation to article 1 (c) is not compatible with the purpose 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 has expressly consented 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, 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 the event that 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 grant transit on its territory only on 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 this language is not Dutch, French, or German, they must be accompanied by a translation in French. »
II. RESERVES
Article 1^er :
"Belgium reserves the right not to grant extradition when the claimed individual may be subjected to a court of exeption, or if extradition is requested for the execution of a sentence imposed by such a court. »
"The extradition will not be granted when 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, shall not be applicable in the event that the claimed individual has filed an appeal against the extradition decision or concerning the legality of his detention. »
Article 19:
"The Government of the Kingdom of Belgium will grant the temporary extradition referred to in Article 19, § 2, only if it is a person who is subject to a penalty in its territory and if special circumstances require it. »
Article 28:
"Because of the particular regime between the Benelux countries, the Belgian Government does not accept paragraphs 1^er 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 the other Member States of the European Community. »
Additional Protocol to the European Convention on Extradition, done in Strasbourg on 15 October 1975
List of States related to the Convention
For the consultation of the table, see image
Second Additional Protocol to the European Convention on Extradition, done at Strasbourg on 17 March 1978
List of States related to the Convention
For the consultation of the table, see image
Statement made by Belgium on ratification
"Belgium declares that it does not accept Part V of the Second Additional Protocol to the European Extradition Convention. »
Agreement between the Member States of the European Communities on simplification and modernization
Procedures for transmitting extradition requests, done at San Sebastian on 26 May 1989
List of related States
For the consultation of the table, see image
This Convention has not yet entered into force. The effective date will be published in a subsequent notice.
Statement made by Belgium on ratification
"In accordance with Article 1^erparagraph 1^er, the Belgian Government designates the Ministry of Justice as the central authority responsible for transmitting and receiving extradition requests and supporting documents, as well as any other official correspondence related to the extradition request. »
For viewing the footnote, see image