On The Convention On The Prevention And Punishment Of Crimes Against Some. Persons

Original Language Title: o Úmluvě o zabránění a trestání trestných činů proti někt. osobám

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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.

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