29/1997.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs declares that on 15 December. October 1975 he was in

Strasbourg, adopted the additional protocol to the European Convention on extradition.



On behalf of the United States, the additional protocol was signed in Strasbourg

on 18 July 2005. December 1995.



With additional protocol gave its assent, Parliament of the Czech Republic and

President of the Republic has ratified it. The ratification instrument the United

the Republic was deposited with the Secretary-General of the Council of Europe, the depositary

European Convention on extradition, on 19 December. November 1996.



The additional Protocol entered into force, pursuant to article 3, paragraph 3.

2 day 20. August 1979. For the Czech Republic in accordance with paragraph 3 of the same

Article entered into force on 17. February 1997.



Czech translation of the additional Protocol shall be designated at the same time.



THE ADDITIONAL PROTOCOL



to the European Convention on extradition



Member States of the Council of Europe, signatories to this Protocol,



having regard to the provisions of the European Convention on extradition, the agreed 13.

December 1957 in Paris, (hereinafter referred to as "the Convention"), in particular its articles 3 and

9,



Having considered appropriate to add these articles in order to enhance the protection of

the human community and citizens,



have agreed upon the following:



TITLE I OF THE



Article 1



In application of article 3 of the Convention shall not be considered political offences

actions:



and) crimes against humanity referred to in the Convention on the prevention and punishment

the crime of genocide, adopted 9. December 1948 by the General Assembly of the UNITED NATIONS;



(b)) the offences referred to in article 50 of the Geneva Convention of 1949 on the

improvement of the fate of the wounded and sick members of the armed forces in the field,

in article 51 of the Geneva Convention of 1949 for the amelioration of the wounded,

sick and shipwrecked members of armed forces at sea, in article 130 of the Geneva

the Convention of 1949 on the treatment of prisoners of war and article 147

The Geneva Convention of 1949 on the protection of people in the war;



(c)) any similar violations of the laws applicable for efficiency

This Protocol, and in that time, the existing practice of war, which

they are not already laid down in the above provisions of the Geneva Conventions.



TITLE II



Article 2



Article 9 of the Convention shall be supplemented by the following text, where the original article

9 of the Convention shall become paragraph 1 and the provisions below constitute

paragraphs 2, 3 and 4:



"2. Extradition will not be allowed, if in a third State that is

a Contracting Party to the Convention, has already handed down a final decision in the proceedings for the

crime or offenses for which extradition is sought, and:



and that decision was) the person acquitted;



(b) the penalty of imprisonment) or other measures:



(i) it was completely enforced;



(ii) is subject to all or part of the other betrothed party grace or amnesty;



(c)) the Court acknowledged the accused guilty and refrained from punishing.



3. In the cases referred to in paragraph 2 may, however, be allowed to issue,

If



and acts) was handed down the judgment, was directed against the public

agents or public institution or anything that has a public character

in the requesting State;



(b)) the person against whom the judgment was passed, itself has the status of public

officials in the requesting State;



(c) the Act) issued the judgment relates has been committed wholly or partly in the

the territory of the requesting State or is considered as committed on its territory.



4. The provisions of paragraphs 2 and 3 shall not prevent the application of broader national

the provisions relating to the effect of ne bis in idem in conjunction with foreign

criminal judgments. ".



TITLE III



Article 3



1. this Protocol shall be open for signature by all Member States of the Council

Europe which have signed the Convention. Shall be subject to ratification, acceptance or

approval. Instrument of ratification, acceptance or approval

shall be deposited with the Secretary-General of the Council of Europe.



2. the Protocol shall enter into force 90 days after the date of deposit of the third instrument of ratification

instrument or instrument of acceptance or approval.



3. In relation to a Contracting State which ratifies, accepts or

approve later, the Protocol shall enter into force 90 days after the date of deposit of

its instrument of ratification, acceptance or approval.



4. the Member State of the Council of Europe may not ratify, accept or approve the

This Protocol without previously or simultaneously ratifying the

The Convention.



Article 4



1. any State which has acceded to the Convention, may accede to this

The Protocol after the Protocol enters into force.



2. access is made by depositing an instrument of accession with the General

Secretary-General of the Council of Europe and shall become effective 90 days after the date of its deposit.



Article 5



1. any State may, at the time of signature or when depositing its instrument of ratification,

or instruments of acceptance, approval of or access to specify one or more

the territory on which this Protocol will be used.



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

acceptance, approval, or at any time thereafter or access Declaration

addressed to the Secretary-General of the Council of Europe, extend the validity of the

This Protocol to any other territory specified in the Declaration,

for whose external relations it is responsible or on whose behalf it is authorised to

make commitments.



3. Any declaration made under the preceding paragraph may be on

any territory mentioned in such declaration, be withdrawn in a way

referred to in article 8 of this Protocol.



Article 6



1. any State may, at the time of signature or when depositing its instrument of ratification

instrument of ratification acceptance, approval of or access to declare that

does not accept either the head or the head of the II.



2. each Contracting Party may revoke a declaration made under

the preceding paragraph, the using declaration sent to the

the Secretary-General of the Council of Europe; the Declaration shall take effect on the date of its

delivery.



3. no reservation to the provisions of this Protocol shall not be admitted.



Article 7



The European Committee on crime problems of the Council of Europe will be informed of the

the implementation of this Protocol and shall do everything necessary in order to facilitate an amicable

the settlement of all the difficulties that may arise in its implementation.



Article 8



1. each Contracting Party may, in so far as it refers to, this

Protocol to terminate the communication addressed to the Secretary-General

Europe.



2. Such denunciation shall take effect six months from the date of

the adoption of such communication by the Secretary-General.



3. Denunciation of the Convention automatically reflects this Protocol.



Article 9



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

Europe and the States which have acceded to the Convention:



and every sign);



(b)) the imposition of its instrument of ratification, acceptance, approval or

access;



(c)) date of entry into force of this Protocol pursuant to its article 3;



(d)) declaration received in accordance with the provisions of article 5 and appeal

such statements;



e) declarations made under article 6 (1). 1;



(f) the withdrawal of a declaration made under) the provisions of article 6 (1). 2;



(g)) the communication received in accordance with the provisions of article 8, as well as the date

which the notice of termination takes effect.



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

This Protocol.



Given in Strasbourg on 15 December. October 1975 in English and

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

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

Secretary-General of the Council of Europe shall transmit a certified copy to each State which is a

a signatory to the Protocol or approached him.