131/1978 Sb.
DECREE
Minister of Foreign Affairs
from day 4. October 1978
on the Convention on the prevention and punishment of crimes against persons enjoying
international protection, including diplomatic agents,
On 14 June 2005. December 1973 in New York City was opened for signature the Convention on the
the prevention and punishment of crimes against persons enjoying
international protection, including diplomatic agents.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
New York, 11 March 2005. October 1974.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic of Vietnam on 17. December 1974. President of the Republic
Ratified the Convention with a declaration that the Czechoslovak Socialist
Republic is not vázánu the provisions of article 13 para. 1 of the Convention and
Whereas, in accordance with the principle of the sovereign equality of States is to submit a
each individual dispute to arbitration proceedings or to the international
the Court of justice the necessary consent of all the parties in dispute.
Convention entered into force, pursuant to article 17 paragraph 1. 1 day 20.
February 1977 and in this day of entered into force for the Czechoslovak
Socialist Republic of Vietnam.
Czech translation of the text of the Convention shall be published at the same time.
First Deputy Minister of:
V.r. Krajčír
CONVENTION
on the prevention and punishment of crimes against persons enjoying
international protection, including diplomatic agents,
States that are parties to this Convention,
having regard to the
the objectives and principles of the Charter of the United Nations relating to the maintenance of
world peace and the promotion of friendly relations and cooperation among States,
taking into account the
that crimes against diplomatic agents and other persons
enjoying international protection, endangering the safety of these people,
create a serious threat to the conservation of normal international relations,
that are necessary for cooperation among States,
convinced,
that the perpetration of such offences raises serious concern
the international community,
convinced
about the urgent need to adopt appropriate and effective measures to prevent and
punishment of such offences,
they agree on this:
Article 1
For the purposes of this Convention:
1. "person enjoying international protection" is
and the head of State), including any member of the collegiate body
executing in accordance with the Constitution of the State concerned the function of head of State,
the head of Government or Minister for Foreign Affairs, whenever they are in a foreign State,
as well as members of their families accompanying them;
(b) the official agent or a person) of the State or official person or other agent
international organizations of an intergovernmental nature, which at the time and place
Commission of an offence against him, his offices, his
the private dwelling or its means of transport, shall be entitled to enjoy
in accordance with international law the special protection against any attack
against his personality, freedom or dignity, as well as members of his
family living with him in his home.
2. "Alleged offender" is a person against whom there is sufficient evidence
to establish prima facie that he has committed or participated in the Commission of
one or more of the offences referred to in article 2.
Article 2
1. the Intentional committing:
and murder, kidnapping) or other attack against the freedom of the person or personality
beneficiaries of international protection;
(b)) of the violent attack against offices, private homes or
means of beneficiaries of international protection, which can
compromise her personality or liberty;
(c) any threat of such an attack);
(d)) try to any such attack;
e) Act which represents a participation in any such attack,
will be considered by each Contracting State in respect of a criminal offence, in accordance with its
the national law.
2. Each State party shall provide for appropriate penalties for these offences with
taking into account the serious nature of them.
3. Paragraphs 1 and 2 of this article in any way does not relieve the Contracting States
obligations under international law to take all appropriate measures to
prevent other attacks against personality, freedom or dignity of persons
enjoying international protection.
Article 3
1. Each State party shall take the necessary measures for the exercise of their
jurisdiction over the offences referred to in article 2 in the following
cases:
a) if the offence is committed in the territory of that State or on board
a ship or aircraft registered in that State;
(b) if the alleged offender) is a national of that State;
c) if the offence is committed against a person enjoying international
protection within the meaning of article 1, which has such a position in relation to the
the functions that it exercises on behalf of that State.
2. Each State party shall take the necessary measures, by analogy, to establish its
jurisdiction over such offences in cases where the alleged offender
is situated in its territory and shall not be issued in accordance with article 8 a
of the States referred to in paragraph 1 of this article.
3. this Convention does not exclude any other criminal jurisdiction exercised in accordance
with national law.
Article 4
The Contracting States shall cooperate in order to prevent offences referred to in
Article 2, in particular,
and recruiting all practical measures) to prevent its
the territory of the preparation to commit such offences in their territory, or
outside them;
(b) the exchange of information and coordination) of the appropriate administrative and other measures
in order to prevent the perpetration of such crimes.
Article 5
1. A State party in whose territory it was committed one of the offences
referred to in article 2, if it has reason to assume that the purported
the perpetrator has left its territory, shall notify all other interested
States either directly or through the Secretary-General of the Organization of the
the United Nations, any data relating to the committed
the offence and all available information regarding the identity of the
the alleged offender.
2. In the case of having committed any offence referred to in article 2
against the beneficiary of international protection any Contracting State that has
information concerning the victim and circumstances of the offence, shall make
all efforts to provide under the conditions laid down by national
legislation fully and without delay the Contracting State on whose behalf the
the person performed its function.
Article 6
1. based on the belief that the circumstances so require, a Contracting State, on the
whose territory the alleged offender is found shall, in accordance with its
national legislation adequate measures to ensure
the presence of the alleged offender for the purpose of prosecution or extradition.
Of such measures shall inform without delay directly or through the
the Secretary-General of the United Nations:
and) State, on whose territory the crime was committed;
(b)) the State or other States whose nationality is the alleged perpetrator
or, in the case that is homeless, the State on whose territory he permanent
residence;
(c)) the State or States whose nationality is a person enjoying
international protection or on whose behalf carry out its functions;
(d) all other States concerned);
(e)), the international organization officer or representative is a person
beneficiaries of international protection.
2. each person against whom the measures referred to in paragraph 1
This article, will be able to:
and immediately connect with) the nearest appropriate representative of the State of which the
is a national or which is otherwise entitled to protect his rights,
or, if a homeless guy that turns with the request and that
is willing to protect his rights;
(b)) to be representative of that State.
Article 7
Contracting State in whose territory the alleged offender is found, if the
It does not extradite him, shall transmit the case without any exceptions and unjustified delay
the competent authorities for criminal prosecution in accordance with its own legislation.
Article 8
1. If the offences referred to in article 2 of the included offences
subject to release in any existing extradition treaty between
the Contracting States shall be deemed incorporated as such in such
of the Treaty. The Contracting States undertake to include such offences between
offences requiring a release to each contract, for the issue of which between them
will be closed.
2. If a State party, that the issue is linked to the existence of the Treaty,
asked about the release of offenders, another Contracting State with which it has no treaty
issue of may, if it decides to issue, consider this Convention as
the legal basis for extradition with respect to these offences. Release
shall take place in accordance with the procedural provisions and the other conditions
the legislation of the State which has been asked about the issue.
3. States parties which do not weigh the issue on the existence of a contract,
such offences between themselves for crimes subject to extradition under
the procedural provisions and the other conditions of the legislation of the State which was
asked about the issue.
4. For the purpose of issuing any such offence is judged by the Contracting
States as an offence committed not only in the place where it was committed, but also on the
the territory of the States that they have to establish their jurisdiction in accordance with paragraph
1 of article 3.
Article 9
Any person against whom proceedings leads in connection with any of the
the offences referred to in article 2 shall be guaranteed a fair hearing
things at all stages of the proceedings.
Article 10
1. the Contracting States shall provide each other with assistance as far as possible in
connection with the criminal proceedings held in connection with the offences
referred to in article 2, including the supply of all evidence at their disposal
provided and which are necessary for criminal proceedings.
2. The provisions of paragraph 1 of this article shall not affect the obligations on
the mutual legal assistance provided for in any other agreement.
Article 11
The Contracting State in which the alleged offender is prosecuted shall notify the results of management
the Secretary-General of the United Nations, who shall transmit
information to the other Contracting States.
Article 12
The provisions of this Convention shall not affect the application of the treaties on asylum, in force at the
the time of the adoption of this Convention between States that are parties to those treaties;
However, a Contracting Party to this Convention cannot rely on these contracts in the
relation to the other Contracting Party to this Convention which is not a party listed
of the treaties.
Article 13
1. any dispute between two or more Contracting States concerning the interpretation of
or application of this Convention which is not settled by negotiation shall, at the
the request of one of them referred to the arbitration proceedings. If, within six
months from the date of the request for arbitration, the parties cannot agree on the Organization of the
arbitration, the dispute may be passed at the request of either of the parties
International Court of Justice in accordance with the Statute of the Court.
2. each Contracting State may, when signing, ratifying or acceding to this Convention, or
When you access to it to make a reservation, that it does not feel bound by the provisions of the
paragraph 1 of this article. The other Contracting States shall not be bound
the provisions of paragraph 1 of this article in relation to any contract
a State which has made such a reservation.
3. any Contracting State which has made a reservation in accordance with paragraph 2 of this
Article may at any time by notification to the Secretary-General of such reservation
The United Nations appeal.
Article 14
This Convention shall be open for signature by all States until 31 December 2006. December 1974
United Nations Headquarters in New York.
Article 15
This Convention is subject to ratification. The instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article 16
This Convention shall be open for accession by any State. The instrument of accession
shall be deposited with the Secretary-General of the United Nations.
Article 17
1. This Convention shall enter into force on the thirtieth day after the date of deposit of the 20th
the second instrument of ratification or instrument of accession with the General
Secretary-General of the United Nations.
2. for each State which ratifies the Convention or accedes thereto after the
Save the twenty-second instrument of ratification or instrument of accession,
the Convention shall enter into force on the thirtieth day after the deposit of its instrument of ratification
instrument or instrument of accession.
Article 18
1. A Contracting State may denounce this Convention by written notification to
the Secretary-General of the United Nations.
2. termination shall be effective six months after the date on which the
the Secretary-General of the United Nations has received the notification.
Article 19
The Secretary-General of the United Nations shall inform all States
among other things:
and) of signatures of this Convention and of the deposit of the instruments of ratification of, or
about access in accordance with articles 14, 15 and 16 and a notification made in accordance
with article 18;
(b)) of the date when this Convention enters into force in accordance with article 17.
Article 20
The original of this Convention, of which the English, Chinese, French, Russian and
Spanish texts being equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies thereof
to all States.
In witness whereof the undersigned, duly authorised thereto by their respective Governments to do so,
have signed this Convention, opened for signature in New York on 14 June 2005. December
1973.
XIII.
UN GENERAL ASSEMBLY RESOLUTION No. 3166 (XXVIII)
CONVENTION
on the prevention and punishment of crimes against persons enjoying
international protection, including diplomatic agents,
The General Assembly
taking into account that the codification and progressive development of international law
contribute to the achievement of the objectives and principles set out in article 1 and 2 of the Charter
The United Nations,
Recalling that, in response to a call made by the General Assembly in
resolution 2780 (XXVI) from 3. in December 1971, the Commission for international law,
at its twenty-fourth session addressed the issue of protection and
inviolability of diplomatic agents and other persons enjoying
special protection under international law, and prepared the draft articles on
the prevention and punishment of crimes against such persons,
posoudivši draft articles and also the opinions and comments submitted to them
States, specialized agencies and other intergovernmental organizations, such as
in response to the call made by the General Assembly in resolution 2926 (XXVII) of
28 November 1972,
convinced of the importance of securing international agreement on appropriate and
effective measures for the prevention and punishment of crimes against
diplomatic agents and other persons enjoying international protection
in view of the serious threat that such acts constitute, maintain and
consolidation of friendly relations and cooperation among States.
vypracovavši for this purpose, the provisions contained in the Convention, which is
attached to this resolution,
1. adopts the Convention on the prevention and punishment of offences against persons
beneficiaries of international protection, including diplomatic agents,
attached to this resolution;
2. Reaffirms the great importance of rules of international law
concerning the inviolability and the special protection to be
granted to beneficiaries of international protection, and the obligations of States in the
this context;
3. Is of the opinion that the Convention allows States more effectively connected
to carry out their commitments;
4. Recognizes also that the provisions of the Convention in no way connected
cannot be prejudicial to the exercise of legal rights to self-determination and independence in
accordance with the objectives and principles of the Charter of the United Nations and
The Declaration of principles of international law concerning friendly relations and
cooperation among States in accordance with the Charter of the United Nations,
peoples fighting against colonialism, foreign occupation, foreign estates,
racial discrimination and apartheid;
5. Calls upon States to become parties to the Convention is attached;
6. lays down that this resolution, whose provisions relate to connected
The Convention will always be published along with it.
