Of The European Convention On The Suppression Of Terrorism

Original Language Title: o Evropské úmluvě o potlačování terorismu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40331&nr=552~2F1992~20Sb.&ft=txt

552/1992 Sb.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the 27 October. January 1977

was agreed in Strasbourg, the European Convention on the Suppression of terrorism.



On behalf of the Czech and Slovak Federal Republic, the Convention was signed in

Strasbourg, 13 November 2002. February 1992.



With the Convention expressed their approval of the Federal Assembly of the Czech and Slovak

The Federal Republic and the President of the Czech and Slovak Federal

Republic has ratified it. Instrument of ratification was deposited with the

the Secretary General of the Council of Europe, the depositary of the Convention, on 15. April

1992.



Convention entered into force, pursuant to article 11 (2). 2 day

August 4, 1978. For the Czech and Slovak Federal Republic entered in the

force in accordance with article 11 (2). 3 day 15. July 1992.



Czech translation of the Convention shall be published at the same time.



THE EUROPEAN CONVENTION



on the Suppression of terrorism



The Member States of the Council of Europe which have signed this Convention,



considering that the aim of the Council of Europe is to achieve greater unity between the

its members,



aware of the growing concern, prompted by the increasing terrorist

actions,



Desiring to adopt effective measures to ensure that the perpetrators of

These acts did not escape prosecution and punishment,



convinced that the issue is a particularly effective means to achieve this

the objectives,



agree on the following:



Article 1



For the purposes of extradition between Contracting States, none of the following will not be

the offences considered as a political offence, an offence with

political crime related, or for an offence committed by the

political motives:



and) an offence within the scope of the Convention for the Suppression of

unlawful seizure of aircraft, signed at the Hague on 16. December 1970;



(b)) an offence within the scope of the Convention for the Suppression of

unlawful acts against the safety of civil aviation,

signed in Montreal on 23. September 1971;



(c)) a serious crime involving an attack on the life, physical integrity

or freedom of persons enjoying international protection, including

diplomatic representatives;



(d) an offense involving kidnapping), hostage-taking or arbitrary detention;



e) crime involving use bombs, grenades, rockets, automatic

firearms or letters and packages with explosive filling, if their

use represents a threat to people;



(f)) attempts to commit offences or participation in them as

an accessory or a person who commits or attempts to commit

such an offence.



Article 2



1. For the purposes of extradition between Contracting States, a Contracting State

may decide that it will not be considered a political offence, for the crime of

Act with such a criminal offence related to or for an offence committed by the

political motives or other serious violent crime that is not

referred to in article 1, and is directed against the life, physical integrity or

personal freedom.



2. The same will follow when a serious crime involving

the hearing against property that is not listed in article 1, if the negotiations

cause mass injury.



3. The same will follow when attempting to commit the offence referred to

offence or participation as an accomplice in it or the person who

commits or attempts to commit such an offence.



Article 3



The provisions of all extradition treaties and arrangements applicable between Contracting

States, including the European Convention on extradition between the Contracting States, shall be amended

in the extent to which are not compatible with this Convention.



Article 4



For the purposes of this Convention, and in the extent to which any of the offences

referred to in article 1 or 2 is not in the contract or the Convention on extradition between

the Contracting States shall be included in the list of offences, which are subject to

the release of the offence will be considered to be included in the list.



Article 5



Nothing in this Convention shall be interpreted as imposing an obligation would be to

the issue, if the requested State has serious reason to believe that the request for

the issue for the offence referred to in article 1 or 2 has been made for the purpose of

to prosecute or punish a person on grounds of her race, religion, or

nationality or political opinions, or that that person's position for the

any of the following reasons may cause bias.



Article 6



1. Each State party shall take the necessary measures to establish its jurisdiction

to control the crimes referred to in article 1 for the case that the purported

the offender is situated in its territory and it does not extradite him after receiving a request

on his release from a State party whose jurisdiction is based on the rule of

the powers, which also include the laws of the requested State.



2. this Convention does not exclude any criminal jurisdiction applicable in

souladě with the national legal regulations.



Article 7



The Contracting State on whose territory the person suspected of committing the detected

the offence referred to in article 1 and which receives a request for extradition for the

the conditions referred to in paragraph 1 of article 6, if it does not extradite that person,

shall submit the case, without exception and without undue delay the competent authorities

to the criminal proceedings. These authorities shall take a decision in the same conditions

as in the case of any serious criminal offence under the law of

of this State.



Article 8



1. the Contracting States shall as far as possible, provide legal assistance in

criminal matters in any proceedings relating to the offences referred

in article 1 or 2. In all cases, the legal provisions shall apply

of the requested State concerning mutual assistance in criminal matters. Legal aid

However, you cannot refuse from the mere reason that it concerns a political crime

the crime or offence associated with a criminal offence, or

a crime committed for political motives.



2. Nothing in this Convention shall be interpreted as imposing an obligation would

to provide legal assistance, if the requested State has serious reasons to believe

that a request for mutual assistance in relation to an offence referred to in article 1

or 2 has been made for the purpose of prosecuting or punishing a person for reasons of

her race, religion or nationality or political opinion, or that the

the status of this person, for any of these reasons could be invoked

bias.



3. The provisions of all conventions and agreements on mutual assistance in criminal matters

applicable between Contracting States, including the European Convention on mutual

assistance in criminal matters between the Contracting States, shall be amended to the extent

which are not compatible with this Convention.



Article 9



1. For the implementation of this Convention will be regularly informed the European Committee

the Council of Europe for the problems of crime.



2. the Committee shall take all the necessary in order to facilitate an amicable settlement of all

the difficulties which may arise in implementing it.



Article 10



1. any dispute between Contracting States concerning the interpretation or implementation of the

This Convention, which has not been settled in the context of paragraph 2 of article 9,

the request of any party to the dispute submitted to arbitration proceedings. Each of the

the Parties shall designate an arbitrator and the two arbitrators shall designate the referees. If, within three

months from the request for arbitration either party has not designated an arbitrator, the

be determined by the arbitrator at the request of the other party, the President of the European Court of

human rights. If he was the President of the European Court of human rights

a citizen of one of the parties to the dispute, this obligation will be fulfilled

Vice-President of the Court, or, if the Vice-President is a citizen of one of the parties

the dispute, the oldest Member of the Court, the senior who is not a citizen of one of the

the parties to the dispute. The same procedure shall apply if the two referees fail to agree

on the selection of an arbitrator.



2. the arbitral tribunal shall lay down the rules of its proceedings. The decision of the

a majority of the votes. His finding is final.



Article 11



1. this Convention is open for signature by the Member States of the Council of Europe.

Shall be subject to ratification, acceptance or approval. The instruments of ratification,

the instruments of acceptance or approval shall be deposited with the

the Secretary-General of the Council of Europe.



2. the Convention shall enter into force three months after the date of deposit of the third

the instruments of ratification, acceptance or approval.



3. in respect of any signatory State which it has ratified, accepted, or

approved later, shall enter into force three months from the date of the deposit of its

the instruments of ratification, acceptance or approval.



Article 12



1. Any State may, when signing or when depositing its instrument of ratification

the instrument of ratification, acceptance or approval, specify the territory to which the

This Convention will be carried out.



2. Any State may, when depositing its instrument of ratification, of the instrument of

acceptance or approval or at any time thereafter, extend this Convention

the Declaration to the Secretary-General of the Council of Europe on any

other territory mentioned in the Declaration and for whose international relations it is responsible

or on whose behalf it is authorised to make commitments.



3. Any declaration referred to in the preceding paragraph may be on

any territory referred to in the Declaration, be withdrawn by notification submitted

the Secretary-General of the Council of Europe. This appeal shall enter into force

immediately or at a later date, which may be given in the notification.



Article 13



1. Any State may, when signing or when depositing its instrument of ratification
the instrument of ratification, acceptance or approval, declare that it reserves the

the right to refuse to issue, in respect of any offence referred to in

Article 1, which it considers a political offence, an offence with

the political criminal offence related to or for an offence committed by the

political motives, provided that it undertakes, when assessing the

the nature of the offence shall take due account of all serious osobitně

aspects of the offence, including:



and mail threats to life), physical integrity, or

the freedom of people or



(b) affected persons) had to do with motives, which was

motivated; or



(c)) to the offence has been used cruel and perfidious

resources.



2. Any State may wholly or partly withdraw a reservation made in accordance with

the previous paragraph in the form of a statement sent to the

the Secretary-General of the Council of Europe, which shall take effect on the date of its delivery.



3. A State which has made a reservation in accordance with paragraph 1 of this article,

can't they crave the implementation of article 1 by any other State; However, if the

reservation is partial or conditional, you may crave the implementation of this

article in the extent to which it itself has adopted.



Article 14



Any Contracting State may denounce this Convention by written communication

the Secretary-General of the Council of Europe. Such denunciation shall take

efficiency immediately, or such later date as may be specified

in the communication.



Article 15



The Convention will expire to each Contracting State which will exit from the

The Council of Europe, or ceases to be a member.



Article 16



The Secretary General of the Council of Europe shall notify the Member States of the Council of:



and each time signature);



(b) the deposit of each instrument of ratification), the instrument of acceptance or

the approval;



(c)) each date on which this Convention enters into force in accordance with

Article 11;



(d)) each declaration or communication received in accordance with the provisions of the

Article 12;



(e)) for each reservation made under the provisions of paragraph 1 of article 13;



(f) revocation of any reservations under) the provisions of paragraph 2 of article 13;



g) any communication referred to in article 14 and the date on which denunciation shall take

efficiency;



h) each expiry of the Convention, in accordance with article 15.



On the evidence of the undersigned, being duly authorised thereto, have signed the

This Convention.



Given in Strasbourg 27 June. January 1977, in English and

French languages, both texts being equally authentic, in a single

copy to be deposited in the archives of the Council of Europe. General

the Secretary-General shall transmit a certified copy to each State which signs the Convention and

to accede to it.