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Act No. 5 Of 2006

Original Language Title: Undang-Undang Nomor 5 Tahun 2006

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INTERNATIONAL CONVENTION
FOR THE SUPPRESSION OF TERRORIST BOMBINGS

The States Parties To This Convention,

Having In Mind the purposes and principles of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States,

Deeply Concerned about the worldwide escalation of acts of terrorism in all its forms and manifestations,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995,

Recalling Also the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, " the States Members of the United Nations solemnly reaffirm their unequivocal Of course and practices of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among Sates and peoples and threaten the territorial integrity and Security of States ",

Noting that the Declaration also encouraged States " to review the scope of the scope of he existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of the same reason there is a comprehensive legal framework covering all aspects the matter ",

Recalling General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, annexed thereto,

Noting that terrorist attacks by means of explosives or other lethal devices have become widespread use,

Noting also that existing multilateral legal provisions do not adequately address these attacks,

Being Convinced of the urgent need to enhance international cooperation between States in devising and adopting effective and practical measures for the prevention of such acts of terrorism, and for the prosecution and punishment of their The perpetrators,

Considering that the occurrence of such acts is a matter of grave concern to the international community as a whole,

Noting that the activities of military forces of States are governed by rules of international law outside the framework of this Convention does not condone or make lawful otherwise unlawful acts, or preclude prosecution under other laws,

Have agreed as follows:

Article 1
For the purposes of this Convention:
., 1. "State or government facility" includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, the legislature or the judiciary or by officials or employees of a State or any other. public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.
., 2. "Infrastructure facility" means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel or communications.
3. "Explosive or other lethal device" means:
.,
.,,, (a) An explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or
.,, (b) A weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances. Or radiation or radioactive material.
., 4. "Military forces of a State" means the armed forces of a State which are organized, trained and equipped under its internal law for the primary purpose of national defence or security, and persons acting in support of those armed forces who are under the law. Their formal command, control and responsibility.
. .5. "Place of public use" means those parts of any building, land, street, waterway or other location that are accessible or open to members of the public, whether continuously, their own commercial, or any other commercial, business, and any other location. cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public.
., 6. "Public transportation system" means all facilities, conveyances and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo.

Article 2
., 1. Any person commits an entity within the meaning of this Convention if that person unlawfully and naturally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility:
.,, (a) With the intent to cause death or serious bodily injury; or
.,,, (b) With the intent to cause extensive destruction of such a place, facility or system, where such destruction results in or is likely to result in major economic loss.
., 2. Any person also commits an error if that person attempts to commit an individual career as set forth in paragraph 1.
3. Any person also commits an accuracy if that person:
.,
.,, (a) Participates as an accomplice in an insert as set fort in paragraph 1 or 2; or
.,, (b) Organizes or directs others to commit an in-depth as set forth in paragraph 1 or 2; or
.,,, (c) In any other way contributes to the commission of one or more offences as set forth in paragraph 1 or 2 by a group of persons acting with a common purpose; such contribution shall be intentional and either be made with the aim of furthering the The general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the meeting or offences concerned.

Article 3
This Convention shall not apply where the law is committed within a single State, the alleged offender and the victims are nationals of that State, the alleged offender is found in the territory of that State and no other State has a base under which he is committed. Article 6, paragraph 1, or Article 6 paragraph 2, of this Convention to exercise jurisdiction, except that the provisions of Article 10 to 15 shall, as appropriate, apply in those cases.

Article 4
Each State Party shall adopt such measures as may be necessary:
.,,, (a) To establish as criminal offences under its domestic law the offences set forth in Article 2 of this Convention;
.,,,, (b) To make those offences punted by appropriate penalties which to make into account the grave nature of those offences.

Article 5
Any State Party shall adopt such measures as ay be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention, in particular where they are intended or to provoke a state. of terror in the general public or in a group of persons or particular persons, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious, or other similar nature and are punished by The penalties are consistent with their grave nature.

Article 6
., 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 2 when:
.,, (a) The role is committed in the territory of that State; or
.,,, (b) The vessel is committed on board a vessel flying the flag of that State or an aircraft which is registered under the laws of that State at the time the air is committed; or
(c) The arid is committed by a national of that State.
., 2. A State Party may also establish its jurisdiction over any such as when:
.,, (a) The role is committed against a national of that State; or
.,,, (b) The law is committed against a State or government facility of that State abroad;
including an embassy or other diplomatic or consular premises of that State; or
.,,, (c) The law is committed by stateless person who has his or her habitual residence in the territory of that State; or
.,, (d) The quill is committed in an attempt to compel that State to do or abstain from doing any act; or
.,,, (e) The arid is committed on board an aircraft which is operated by the Government of that State.
., 3. Upon ratifying, accepting, approving, acceding to this Convention, each State Party shall notify the Secretary General of the United Nations of the jurisdiction it has established in accordance with paragraph 2 under its domestic law. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.
., 4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 or 2.
. .5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 7
., 1. Upon receiving information that a person who has committed or who is alleged to have committed an account as set forth in Article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic rights law to investigate the facts contained in the information.
., 2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of A prosecution.
., 3. Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled to:
.,
.,, (a) Communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;
(b) Be visited by a representative of that State;
(c) Be informed of that person's rights under subparagraph (a) and (b).
., 4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.
. .5. The provisions of paragraph 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with Article 6, subparagraph 1 (c), or 2 (c), to invite the International Committee of the Red Cross to the United States. communicate with and visit the alleged offender.
., 6. When A State Party pursuant to this Article, has taken a person into custody, it shall immediately notify directly, directly or through the Secretary General of the United Nations, the States Parties which have established jurisdiction in accordance with Article 6, paragraph 1 or 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The States which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its finding and shall determine whether it intends to exercise jurisdiction.

Article 8
., 1. The State Party in the territory of which the alleged offender is present shall, in cases to which Article 6 applies, if it does no extradite that person, be committed, without exception whatsoever and whether or not the dead was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other law of a grave nature under the law of that State.
., 2. Whenever a State Party is legal under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the death or surrender of the person was sought, and this State and the State seeking the law of the person agree with this option and other terms they may deem appropriate, such a conditional upon which the person may be appropriate, such a conditional upon which is expected shall be able to discharge the obligations set forth in paragraph 1.

Article 9
., 1. The offences set forth in Article 2 shall be deemed to be included as extraditable offences in any matter treaty existing between any of the States Parties before the entry into force of this Convention. States parties undertakes to include such offences as extraditable offences in every treaty of treaty to be seen between them.
., 2. When a State Party which makes itself conditional on the existence of a treaty receives a request for death from another State Party with which it has no longer treaty, the requested State Party may, at its option, Convention as a legal basis for subjects in respect of the offences set forth in Article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.
., 3. States Parties which do not make public conditional on the existence of treaty shall recognize the offences set forth in Article 2 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.
., 4. If necessary, the offences set forth in Article 2 shall be treated, for the purposes of being committed between States Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have Jurisdiction in accordance with Article 6, paragraph 1 and 2.
. .5. The provisions of all possible terms and arrangements between States Parties with regard to offences set forth in Article 2 shall be deemed to be modified as between States Parties to the extent that they are deemed to be seen with this Convention.

Article 10
., 1. States Parties shall afford one another the greatest measures of assistance in connection with investigations or criminal proceedings brought in respect of the offences set forth in Article 2, including assistance in obtaining evidence at the time. their disposal necessary for the proceedings.
., 2. States Parties shall carry out their obligations under paragraph 1 in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them.
In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 11
None of the offences set forth in Article 2 shall be regarded, for the purposes of meeting or mutual legal assistance as a political strategy or as an international political action or as an inspired by political motives. ♪ A request for death or for mutual legal assistance based on such an ♪ ♪ may not be refused on the sole ground that it concerns a political ♪ The motives.

Article 12
Nothing in this Convention shall be interpreted as being interpreted as legal obligations to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for offences for offences set forth in the law. Article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons.

Article 13
., 1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes testimony, identification or otherwise providing assistance in obtaining evidence for the cause of the law. investigation or prosecution of offences under this Convention may be transferred if the following conditions are met:
.,, (a) The person freely gives his or her informed consent; and
.,,, (b) The competent authorities of both States agree, subject to such conditions as those States may deem appropriate.
2. For the purposes of this article:
.,
.,, (a) The State to which the person is transferred shall have the authority and obligations to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred;
.,,, (b) The State to which the person is transferred shall without delay implement its obligations to return the person to the custody of the State from which the person was transferred as agreed beforehand or as otherwise agreed, by the competent Authorities of the United States;
.,, (c) The State to which the person is transferred shall not require the State from which the person was transferred to initiate compliance proceedings for the return of the person;
.,, (d) The person transferred shall receive credit for service of the sentence being served in the State from which he was transferred for time spent in the custody of the State to which he was transferred.
., 3. Unless the State Party from which a person is to be transferred in accordance with this Article So agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the state from which such person was transferred.

Article 14
Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including having an off all rights and guarantees in conformity with the law of the state in the territory of which that person in present and renewal provisions of international law, including international law of human rights.

Article 15
States Parties shall cooperate in the prevention of the offences set forth in Article 2, particularly:
.,,, (a) By taking all practicable measures, including, if necessary, adapting their domestic legislation, to prevent and counter preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize, report finance or engage in the perpetration of offences as set forth in Article 2;
.,, (b) By exchanging accurate and verified information in accordance with their national law, and coordinating administrative and other measures taken as appropriate to prevent the commission of offences as set forth in Article 2;
.,,, (c) Where appropriate, through research and development regarding methods of detection of explosives and other harmful substances that can cause death or bodily injury, decoons on the development of standards for marking explosive in order to death. identify their origin in post-blast investigations, exchange of information on preventive measures, cooperation and transfer of technology, equipment and related materials.

Article 16
The State Party where the alleged offender is prosecuted shall, in accordance with its domestic law or renewable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the law. information to the other States Parties.

Article 17
The States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.

Article 18
Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusive reserved for the authorities of that other State Party by its domestic law.

Article 19
., 1. Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.
., 2. The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities of the military forces of a State. in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.

Article 20
., 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through either within a reasonable time shall, at the request of one of them, be added to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.
., 2. Each State may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1. The other State Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.
., 3. Any State which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 21
., 1. This Convention shall be open to all States for signatures from 12 January 1998 until 31 December 1999 at United Nations Headquarters in New York.
., 2. This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
., 3. This Convention shall be open to accession by any state. The instrument of accession shall be deposited with the Secretary-General of the United Nations.

Article 22
., 1. This Convention shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.
., 2. For each State ratifying, accepting, approving or acceding to this Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after date of deposit by such state of its instrument of ratification, acceptance, approval or accession.

Article 23
., 1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
., 2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 24
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies of the words to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 12 January 1998.

INTERNATIONAL CONVENTION
THE ERADICATION OF BOMBING BY TERRORISTS, 1997

The Parties to the Parties to this Convention,

Given the aims and principles of the United Nations Charter on the maintenance of international peace and security and the improvement of the neighbored and friendly relations and cooperation among the Countries,

Paying close attention to the increasing acts of terrorism that world in all its forms and manifestations,

Given the Declaration on the Warning to the United Nations Waste on 24 October 1995,

In view of the Declaration on the Efforts To Eliminate International Terrorism, attached to the General Assembly resolution 49/60 dated 9 December 1994, which, among other things, " United Nations member states asserted their condemnation in earnest throughout all actions, methods and practices of terrorism as evil and inexcusable, wherever and by anyone committed, including those that undermine friendly relations between the States and the the people and threaten the territorial intregrity and security of the States ",

Noting that the Declaration also encourages the States " to review the immediate scope of the existing international legal provisions concerning the prevention, suppression and elimination of terrorism in all its forms and manifestations, with the goal of ensuring a comprehensive legal framework that includes all aspects of the problem ",

Given the resolution of the General Assembly 51/210 on 17 December 1996 and the Declaration on the Declaration of the 1994 Declaration on the Efforts To Eliminate the International Terrorism attached to it,

Noting that the terrorist attack by means of detonation or other lethal weapons its spread has increased,

Also noting multilateral legal provisions did not adequately regulate the attacks,

Believes the urgent need to enhance international cooperation among the Negernations in planning and receiving effective and practical efforts for the prevention of acts of terrorism, and for the investigation and punishment of the The culprit,

Consider that the occurrence of such actions poses a deep concern for the international community as a whole,

Note that the activities of the armed forces of the States are governed by the provisions of international law outside of the framework of this Convention and not the rules of certain actions in the scope of this Convention do not deter or create. lawful acts are invalid, or obstructing the inquiry set out in other perinvitation rules,

Has agreed as follows:

Section 1
For the purposes of this Convention:
., 1. A "State or Government Facility" includes any fixed or temporary facility or vehicle used or occupied by a representative of a State, Government member, legislative or judicial body or by an employee or official of a State or any authority or other public entity or official or employee of an intergovernmental organization related to its official duties.
., 2. "infrastructure facilities" means any generally or private-owned facility that provides or distributes services for common interests, such as water, household waste disposal, electricity, fuel or communication.
3. "Explosives or lethal weapons" among others:
.,
., a., a. An explosive device or incendiary weapon that is designed, or has the ability, to cause death, serious bodily injury or destruction of matter in large; or
., b. Weapons or tools designed, or have the ability, to lead to death, serious bodily injury or destruction of matter in great way through the release, spread or impact of toxic chemicals, biological materials or Poisons or similar ingredients or radiation or active radio materials.
., 4. "Armed Forces of a State" means the armed forces of a country that is organized, trained and equipped under the rules of national security for the main purpose of national defense and security, and those who act in the supporting the armed forces that are under the command, supervision, and official responsibility.
. .5. "Common Place" means parts of the building, land, roads, waterways or other places that can be reached or open to members of the public, both on a continuous, periodic, sometimes, and encompasting any commercial place, effort, culture, history, education, religion, governance, entertainment, recreation or similar places that can be reached or open to the public.
., 6. "Public transportation system" means the entire facility, vehicle and equipment, whether publicly owned or private, used or for the provision of public services used for the transportation of people or goods.

Section 2
., 1. Any person commits a crime in the sense of this Convention if the person is against the law and intentionally sends, puts, waive or detonates an explosive device or other deadly device in, into or against A public or government facility, a community transportation system or an infrastructure facility:
., a., a. Intentionally causing death or serious injuries; or
., b. Intentionally causing the destruction of a place, a facility or system, in which the destruction results in or may result in a huge economic loss.
., 2. Each person also commits a crime if the person tries to commit a crime as specified in paragraph 1 of this Article.
3. Each person also commits a crime if the person:
.,
., a., a. Participate as a accomplices in a crime as specified in paragraph 1 or 2 of this Section; or
., b. Organizing or moving other people to commit a crime set out in paragraph 1 or 2 of this Section; or
., c. In other ways, it provides a constriction of the occurrence of one or more crimes as specified in paragraph 1 or 2 of this section performed a group of people acting on the same purpose; such contributions must be is an accident and is performed either with the intention of continuing the usual criminal acts or intent of the group or done with the knowledge of the group to commit such crimes.

Section 3
This convention does not apply when a crime is committed in a single state, a suspect in which the perpetrator and the victim is a citizen of the country, the suspect is found to be in the territory of the country and no other country. have a base in accordance with Section 6 of paragraph 1 or paragraph 2, of this Convention to apply the jurisdiction, except that the provisions of Articles 10 to 15, if appropriate, are in effect in those cases.

Section 4
Each party country is required to take the necessary efforts:
., a., a. To establish as criminal crimes under his nationality law for the crimes specified in Article 2 of this Convention;
., b. To make these crimes punishable by punishment for the severity of such crimes.

Section 5
Any State of the United States shall take any necessary efforts, including, if necessary, to pass a national security policy, to guarantee that the actions of the crime in the scope of this Convention are not included in the applicable laws. can be justified by political, philosophical, ideological, racial, ethnic, religious or other matters whose nature is equal and sentenced to appropriate weight of crime.

Section 6
., 1. Any State of the Service shall take measures that may be necessary to enforce its jurisdiction over the crimes as specified in Article 2, if:
., a., a. Such crimes are committed in the region of the State concerned;
., b. The crimes were committed on board the flag of the State concerned or the aircraft was registered under the laws of the State concerned at the time of the crime;
., c. This was done by the citizens of the State in question.
., 2. A State of the Party may also form its jurisdiction over crimes if:
., a., a. The crimes are committed against the citizens of the State;
., b. Such crimes are committed against the State or State of the State facilities abroad, including the country ' s diplomatic or consular representation concerned;
., c. The crimes are committed by persons who do not have the common citizenship of residence within the State of the country;
., d. The crimes were committed as an attempt to force the State concerned to commit or not to do an act;
., e. The crime was carried out on a plane operated by the Government of the State concerned.
., 3. Upon acceptance, acceptance, approval, or accession of this Convention, any State of the Parties shall notify the Secretary General of the United Nations regarding the jurisdiction of the State in accordance with paragraph 2 of the Agreement. Here. If then there are changes, the State of the Parties is obliged to immediately notify the Secretary General of the United Nations.
., 4. Any State of the Party is also required to take actions when it is necessary to enforce its jurisdiction over crimes such as those specified in Article 2 of the case in which the perpetrator is in its territory and the State. not to extradite such person to another Party of State who has imposed its jurisdiction in accordance with paragraph 1 or 2.
. .5. This Convention does not rule out the application of any criminal jurisdiction enacted by a State of the Party in accordance with its national law.

Section 7
., 1. Upon receiving the information that someone who has committed or who is alleged to have committed a crime as specified in Article 2 that may be within its territory, the State of the concerned Party is obliged to take acts that may need to be based on his national law to investigate the facts contained in the information.
., 2. After the evidence of restraint has been sufficient, the State of the Party in which the perpetrator of the crime or suspect is in its territory is required to take measures in accordance with its national law to safeguard the existence of such persons for the purpose of prosecution. Or extradition.
., 3. Any person charged with the actions that refer to paragraph 2 of this Section is entitled to:
.,
., a., a. Conduct communication without delay with the nearest representative of the Country whom the person is a citizen or otherwise is obligated to protect the rights of such persons or, if the person is not citizenship, The country in the region where the person is used to reside;
B. Visited by a representative of the Country;
C. Be aware of the rights of such persons based on sub-verses (a) and (b).
., 4. Rights that refer to paragraph 3 of this Section are mandatory in accordance with the laws of the State in the region where the perpetrator of the crime or suspect is subject to, subject to the provisions of the laws of the law. It must be able to fully support the goals as intended from the granting of rights in paragraph 3.
. .5. The provisions of verses 3 and 4 must be without harming any rights of any State of the Parties having their jurisdiction in accordance with Article 6, sub-paragraph 1 (c), or 2 (c), to invite the International Committee of the Red Cross to communicate with and Visiting suspect is a criminal.
., 6. If a State of the Party is in accordance with this Article, it has detained a person, it is required immediately to notify, directly or through the Secretary General of the United Nations, to the States of the Parties that have enacted. Jurisdiction pursuant to Section 6, paragraph 1 and 2, and, if seen necessary, to any other Member States of interest, about the fact that the person is in detention and other circumstances that warrant the arrest of the person. That. The country that conducts the inquiry as intended in section 1 of this section is required to immediately inform the countries of the intended discovery and mandatory discovery that the State is about to impose. His jurisdiction.

Section 8
., 1. The country in which the suspect is located, in cases where Section 6 applies, if the State does not extradite the person, is required, without any exception and whether the crime is committed both in and in the outside of its territory, to submit the case without delay to the parties authorized by the purpose of prosecution, through the proceedings in accordance with the laws of the State. The parties are required to take their decisions in the same manner as any other case of grave crimes under the laws of the State.
., 2. When a State of State is allowed under its national law to extradite or give up one of its citizens only on the condition that the person will be returned to the State of the State to serve the sentence of the United States. is dropped as a result of the trial or proceedings in which the person is asked to be extradited or extradited, and this State and the State requesting the extradition of the person agree with this option and other arrangements that can be Considered appropriate, then extradition or conditional submission is sufficient to Waive the obligations as specified in paragraph 1 of this section.

Section 9
., 1. Crimes such as those specified in Section 2 are considered to be included as crimes that may be extradited in any extradition treaty that exists between each of the States of the Parties prior to the enactment of this Convention. The parties sought to include these crimes as crimes that could be extradited in any extradition treaty that was then agreed between the countries.
., 2. If a State of the Parties is extradited under the terms of an agreement accepting an extradition request from another State of the State where the State does not have an extradition treaty, the State of the Party which is in demand for extradition. It is, of its own choice, to consider the Convention as the legal basis for extradition with regard to the crimes as set forth in Article 2.
Extradition will be subject to other requirements set out in the laws of the State that is in demand for extradition.
., 3. States that do not extradite under the condition of an agreement will recognize such crimes as specified in Article 2 as crimes that can be extradited between those countries, subject to the terms of the Agreement. On the terms specified in the laws of the State that are requested to be extradited.
., 4. If necessary, such crimes as set forth in Article 2 shall be enacted, for the purpose of extradition between the States of the Parties, as if such a crime were committed not only in the location where the crime took place but also within the territory of the State that has enacted jurisdiction in accordance with Article 6, paragraph 1 and 2.
. .5. The provisions of all extradition treaties and arrangements between the States of the Parties relating to crimes such as those specified in Section 2 shall be considered for customizing among the Parties. If any of these provisions are contrary to this Convention.

Section 10
., 1. The States of the Parties are contesting with each other as much assistance in connection with the investigation of criminal investigations or the proceedings of a criminal trial or extradition with regard to crimes as specified in the Section. 2, including assistance in obtaining the evidence they have required for his trial process.
., 2. The States of the Parties shall exercise their obligations under the paragraph 1 of this Section in accordance with the agreements or other arrangements in terms of the assistance of reciprocity laws that may be among them. In the event of no such agreement or arrangement, the States of the Parties are contesting to each other in accordance with its national law.

Section 11
None of the crimes as stated in Article 2 shall be declared for the intent of extradition or the aid of a reciprocity of reciprocity as a political crime or as a crime that is inspired by political motives. Thus, an extradition request or for the assistance of a reciprocity law based on such a crime cannot be denied on the basis solely that it concerns a political crime or a related crime. with a political crime or a crime inspired by political motifs.

Section 12
Nothing in this convention has been interpreted as a designation of obligation to extradite or to seek the assistance of reciprocity, if the State of the Parties is required to have fundamental reasons to believe that a request is made to the right of the party. Extradition of crimes such as those specified in Article 2 or the assistance of reciprocity laws relating to crimes committed to the intent of prosecutable or punishing a person based on race, religion, nationality, ethnicity, the political views of the person or that the fulfillment of such a request will harmed the person ' s position over any of the above reasons.

Section 13
., 1. A person who is in custody or is serving a sentence in the territory of one of the State of the Party whose existence in the State of the Other Party is asked to mean identification, testimony or in other words providing assistance in the obtaining evidence for investigation or prosecution of crimes such as specified in Section 2 may be transferred if the following terms are met:
., a., a. The person unpressurised gives his consent; and
., b. Officials in charge of the two countries agree, subject to the conditions perceived to be appropriate by those countries.
2. For the intent of this Section:
.,
., a., a. The destination country in which the person is moved will have the authority and the obligation to hold the displaced person in custody unless requested or granted authority by the State from which the person is moved;
., b. The destination country where the person is moved is required without delay to carry out its obligation to return the person to the custody of the State in which the person has been transferred as previously agreed, or as in any other way approved, by authorized officials of both Countries;
., c. The destination country where the person is moved cannot require the State where the person has been moved to perform an extradition court process for the return of the person;
., d. The person who was transferred will receive a reduction in the prison sentence spent in the State from which he has been transferred over a period of captivity he has spent in the region in the State of the destination where he has been transferred.
., 3. Unless the country where a person will be transferred in accordance with this section also agrees, the person, whatever his nationality, shall not be charged or withheld or subject to other restrictions on his personal freedom within the territory. The country to which the person is transferred is concerned with the actions or penalties in advance until the person's departure from the territory of the person's State has been moved.

Section 14
Any person who is detained or associated with other actions imposed or proceedings executed in accordance with the Convention will be guaranteed a fair treatment, including enjoying all rights and customized warranties. with State legislation in the region where the person is located and the applicable international law provisions, including international human rights law.

Section 15
The State of the Parties cooperates in conducting the prevention of crimes specified in Article 2, in particular;
., a., a. By performing workable efforts, including, if necessary, adjust their perInvitation regulations, to prevent and ward off any preparation in the territory of each of the crimes within or outside of their territory, including attempts to prohibit within their territory the activities that are against the laws of the people, groups or organizations that encourage, incite, organize, deliberately finance or engage in performing Crimes such as specified in Article 2;
., b. By making an accurate exchange of information and information that has been tested in truth according to its national law, and coordinating administrative actions and others that need to prevent crime-crimes. as set forth in Section 2;
., c. If necessary, through research and development concerning the detection methods of explosives and other hazardous materials that may lead to death or injury, conduct a consultation on the development of the standard for tagging. Explosive materials with the aim of identifying their origins in the investigation after detonation, exchange of information on preventive efforts, cooperation and technology, equipment and other related materials.

Section 16
The State of the Party where a suspected perpetrator is prosecuted, in accordance with his national law or applicable procedures, in order to deliver the final decision of the proceedings to the Secretary-General of the United Nations. will relay such information to the other State of the Party.

Section 17
The States of the Parties shall exercise their obligations under the principles of sovereignty that align and the integrity of the territories of the States and the principle of not intervening in other countries ' country matters.

Section 18
Nothing in this Convention provides the right to a State of the Party to take action within the other State of the Country to apply jurisdiction or perform functions specifically owned by the official. Other State Authorities are based on its national law.

Section 19
., 1. Nothing in this Convention will affect the rights, obligations and obligations of other countries and individuals under international law, in particular the goals and principles of the United States. The Charter of the United Nations and the international humanitarians law.
., 2. The activities of the armed forces in armed conflict, as the rules are understood in international humanitarian law, are governed by the law, but are not governed by the Convention, and the military activities that are being carried out. by the armed forces of a State in performing its official duties, as far as it is governed by other rules of international law, it is not governed by the Convention.

Section 20
., 1. Any dispute between two or more of the parties regarding the interpretation or application of this Convention that cannot be resolved through negotiations within a reasonable time, upon request from one of the States, is required to be submitted to the Cloud Service. Arbitration. If, within six months of the date of the submission of the submission to arbitration, the parties are unable to agree on the arbitration structure, one of the countries may submit a dispute to the International Court of Justice, through the application, According to the International Court of Justice.
., 2. Each country at the time of signing, attestation, acceptance or approval of this Convention or accession may state that the State is not bound to paragraph 1 of this Section. Other Party Countries shall not be bound by paragraph 1 against the other State of the Other Party that has made the reservation in question.
., 3. Any State that has made a reservation in accordance with paragraph 2 can at any time withdraw the reservation with notice to the Secretary General of the United Nations.

Section 21
., 1. The convention was open to signatories by all States from January 12, 1998 to December 31, 1999, at the United Nations Headquarters in New York City.
., 2. This convention applies to the presence of attestation, acceptance or approval. An instrument of passage, acceptance or approval is held to the Secretary-General of the United Nations.
., 3. The convention is open to accession by each State. The instrument of the accession is mandatory at the UN Secretary-General.

Section 22
., 1. This Convention will be in effect on the third day of the date of storage of the twenty-two instruments of attestation, acceptance, approval, or accession to the Secretary-General of the United Nations.
., 2. For any Country that authorized, accepted, approved or authorized this Convention upon the storage of twenty-two instruments of attestation, acceptance, approval, or accession, the Convention will begin in effect on the thirticity of the following year. storage of the authorization instrument, acceptance, approval, or accession by the State.

Section 23
., 1. Any State of the Party can withdraw from this Convention on a written notice to the Secretary General of the United Nations.
., 2. The withdrawal will be effective one year from the date the notification was received by the Secretary General of the United Nations.

Section 24
The text of the salinan_? The convention, which in Arabic, Chinese, English, French, Russian, and Spanish is equally authentic, will be kept on the Secretary General of the United Nations that will send its official copy to the rest of the State.

AS EVIDENCE, the signed below, which has been queried for it by the respective Government, has signed the Convention, open to signing at the United Nations Headquarters in New York on the 12th January 1998.