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The Additional Protocol To The Council Of Europe Convention On The Prevention Of Terrorism

Original Language Title: Par Papildu protokolu Eiropas Padomes Konvencijai par terorisma novēršanu

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The Saeima has adopted and promulgated the following laws of Valstsprezident: on the additional protocol to the Council of Europe Convention on the prevention of terrorism in article 1. 2015 October 22 additional protocol of 16 May 2005, the Council of Europe Convention on the prevention of terrorism (additional protocol) with this law is adopted and approved. 2. article. Provided for in the additional protocol commitments coordinated by the Ministry of Justice. 3. article. Article 7 additional protocol to the institution responsible within the meaning of the security police. 4. article. The additional Protocol shall enter into force for the period specified in article 10 and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal". 5. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol in English and its translation into Latvian language. The law adopted by the Parliament in 2017 on May 11. The President r. vējonis in Riga on 29 may 2017. the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism Riga, 22. X. 2015 the member States of the Council of Europe and the other parties to the Council of Europe Convention on the Prevention of Terrorism (from CETI. 196), signatory to this Protocol, Considering that the aim of the Council of Europe is to achieve greater unity between its members; (Menu rngton Line4) to further strengthen the efforts to prevent and suppress terrorism in all its forms, both in Europe and globally, while respecting human rights and the rule of law; Recalling human rights and fundamental freedom, enshrined in particular in, in the Convention for the Protection of Human rights and Fundamental Freedom (ETS No. 5) and its protocol, as well as in the International Covenant on Civil and Political Rights; Expressing their grave concern about the threat posed by persons travelling abroad for the purpose of committing or participating in it, contributing to terrorist, or the offenc providing or receiving of training for terrorism in the territory of another State; Having regard in this respect the Resolution (2014) 2178 adopted by the Security Council of the United Nations at its meeting on 24 September 2014 7272nd, in particular paragraphs 4 to 6 thereof; Considering it to be desirabl supplement the Council of Europe Convention on the Prevention of Terrorism in a certain respect, have agreed as follows: article 1 – purpose the purpose of this Protocol is to supplement the provision of the Council of Europe Convention on the Prevention of Terrorism, opened for signature in Warsaw on 16 May 2005, (hereinafter referred to as "the Convention") as regards the criminalisation of the acts described in articles 2 to 6 of this Protocol , thereby enhancing the efforts of the parties in preventing terrorism and its negative effects on the full enjoymen of human rights, in particular the right to life, both by measure to be taken at the national level and through international co-operation, with due regard to the existing applicable bilateral agreements or treats to multilaterals, or between the parties. Article 2 – Participating in an association or group for the purpose of terrorism 1. For the purpose of this Protocol, "participating in an association or group for the purpose of terrorism" means to participat in the activities of an association or group for the purpose of committing or contributing to the commission of one or more of the offenc terrorist by the association or the group. 2. Each Party shall adop a such measure may not be the axis of the cessary to establish "participating in an association or group for the purpose of terrorism" as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal under its domestic law the offenc. Article 3 – Receiving training for terrorism 1. For the purpose of this Protocol, "receiving training for terrorism" means to receive instructions, including obtaining knowledge or practical skills, from another person in the making or use of explosives, firearms or other weapon or any hazardous substance or noxio, or in other specific methods or techniques, for the purpose of carrying out or contributing to the commission of a terrorist the offenc. 2. Each Party shall adop a such measure may not be the axis of the cessary to establish "receiving training for terrorism", as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal under its domestic law the offenc. Article 4 – Travelling abroad for the purpose of terrorism 1. For the purpose of this Protocol, "travelling abroad for the purpose of terrorism" means travelling to a State, which is not that of the traveller's nationality or residence, for the purpose of the commission of, or contribution to participation in a terrorist the offenc, or the providing or receiving of training for terrorism. 2. Each Party shall adop a such measure may not be the axis of the cessary to establish "travelling abroad for the purpose of terrorism" as defined in paragraph 1, from its territory or by its nationals, when committed unlawfully and intentionally, as a criminal under its domestic law the offenc. In doing so, each Party may establish conditions required by and in line with the its constitutional principles. 3. Each Party shall also be such measure axis adop may be does not establish it as a criminal offenc cessary is under, and in accordanc with, its domestic law the attempt to commit an offenc as set forth in this article. Article 5 – travelling abroad for the purpose Funding of terrorism 1. For the purpose of this Protocol, "funding travelling abroad for the purpose of terrorism" means providing or collecting, by any means, directly or indirectly, funds fully or partially enabling any person to travel abroad for the purpose of terrorism, as defined in article 4, paragraph 1, of this Protocol, knowing that the funds are fully or partially intended to be used for this purpose. 2. Each Party shall adop a such measure may not be the axis of the cessary to establish the "funding of travelling abroad for the purpose of terrorism" as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal under its domestic law the offenc. Article 6 – Organising or otherwise facilitating travelling abroad for the purpose of terrorism 1. For the purpose of this Protocol, "organising or otherwise facilitating travelling abroad for the purpose of terrorism" means any act of organisation or assist any person facilitation that in travelling abroad for the purpose of terrorism, as defined in article 4, paragraph 1, of this Protocol, knowing that the assistance rendered in the ISA for the purpose of terrorism. 2. Each Party shall adop a such measure may not be the axis of the cessary to establish "organising or otherwise facilitating travelling abroad for the purpose of terrorism" as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal under its domestic law the offenc. Article 7 – exchange of information 1. Without prejudice to article 3, paragraph 2, sub-paragraph (a), of the Convention and in accordanc with its domestic law and existing international obligations, each Party shall take such measure may not be the axis of the cessary in order to strengthen the timely exchange between the parties of any available relevant information concerning persons travelling abroad for the purpose of terrorism, as defined in article 4. For that purpose, each Party shall designat a point of contact available on a 24-hour , seven-days-a-week basis. 2. A Party may choose to an already existing designat point of contact under paragraph 3 1 A Party's point of contact shall have the capacity to carry out communications with the point of contact of another Party on an expedited basis. Article 8 – conditions and safeguards 1. Each Party shall ensur that the implementation of this Protocol, including the establishment, implementation and application of the criminalisation under articles 2 to 6, is carried out while respecting human rights obligations, in particular the right to freedom of movement, freedom of expression, freedom of association and freedom of religion, as set forth in, where applicable to that Party -the Convention for the Protection of Human rights and Fundamental Freedom, the International Covenant on Civil and Political Rights and other obligations under international law. 2. The establishment, implementation and application of the criminalisation under articles 2 to 6 of this Protocol should furthermore be subject to the principle of proportionality, with respect to the aims pursued and it is legitimat their cessity not in a democratic society, and should exclude any form of arbitrarines or discriminatory or to established treatment. Article 9 – the Relations between this Protocol and the Convention the words and expressions used in this Protocol shall be interpreted within the meaning of the Convention. As between the parties, all the provision of the Convention shall apply accordingly, with the exception of article 9. Article 10 – signature and entry into force 1 this Protocol shall be open. for signature by Signator to the Convention. It shall be subject to ratification, acceptance or approval. A Signatory may not ratify.â, accept or approve this Protocol unless it has previously ratified, accepted or approved the Convention, or does so simultaneously. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the sixth instrument of ratification, acceptance or approval, including at least four member States of the Council of Europe. 3. In respect of any Signatory which subsequently deposits its instrument of ratification, acceptance or approval, this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval. Article 11 – Accession to the Protocol 1. After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to this Protocol or do so simultaneously. 2. In respect of any State acceding to the Protocol under paragraph 1 above, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 12 – Territorial application 1 Any State or. the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply. 2. Any Party may, at any later time, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 13 – Denunciation 1 Any Party may, at any time, denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General of the Council of Europe. 3. Denunciation of the Convention automatically entail a denunciation of this Protocol. Article 14 – Notification the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Union, the non-member States which have participated in the elaborations of this Protocol as well as any State which has acceded to, or has been invited to accede to, this Protocol of: a any signature; (b) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Protocol in accordanc with articles 10 and 11; (d) any other Act, declaration, notification or communication relating to this Protocol. In witness whereof the undersigned, being duly authorised, have signed theret this Protocol. Done at Riga, this 22nd day of October 2015, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the European Union, the non-member States which have participated in the elaborations of this Protocol, and to any State invited to accede to it.  Unofficial translation of the additional protocol to the Council of Europe Convention on the prevention of terrorism, 2015 Riga October 22 Council of Europe Member States and other Council of Europe Convention on the prevention of terrorism (EPL, Nr. 196), which signed this Protocol, considering that the aim of the Council of Europe is to achieve greater unity between Member States; Desiring to further strengthen efforts to prevent and eradicate terrorism in all its forms, both in Europe and globally, while respecting human rights and the rule of law; remembering on human rights and fundamental freedoms, in particular the strengthening of the protection of human rights and fundamental freedoms Convention (EL No 5) and its protocols, as well as the International Covenant on Civil and political rights; Expressing serious concern about the threat posed by people who travel to foreign countries to conduct, promote or participate in the victims of crime or to give or receive training in terrorism in the territory of another State; in this context the United Nations Security Council resolution 2178 (2014), it adopted the 7272. meeting 2014 24. in September, in particular, its paragraph 4 to 6; considering that the Council of Europe Convention on the prevention of terrorism would be desirable in some respects supplement, have agreed on the following. 1. article. The objective of This Protocol is intended to complement the Council of Europe Convention on the prevention of terrorism, opened for signature on 16 May 2005 in Warsaw (hereinafter referred to as "the Convention"), the provisions of this Protocol. 2 to 6. criminalising the activities described in the article, thus reinforcing the party's efforts to prevent terrorism and its negative effects on human rights, in particular the right to life, full respect and national level action and international cooperation pursuant to applicable multilateral or bilateral treaties or agreements of the parties. 2. article. Membership in the Association or group for the purpose of terrorism within the meaning of this Protocol 1 "membership in the Association or group for the purpose of terrorism" means Association or participation in the activities with the intent to commit or facilitate one or more terrorist offences committed by this association or group. 2. Each Party shall take the measures necessary to criminalised "membership of an association or group for the purpose of terrorism" as defined in paragraph 1 when it is unlawful and intentional, consistent with national legislation. 3. article. Terrorist receiving training within the meaning of this Protocol 1 "terrorist training" receiving "means instructions, including knowledge or practical skills from other persons, firearms or explosives, other weapons or noxious or hazardous substances, or in other specific methods or techniques, or with the intention to make the manufacture or promote terrorism crimes. 2. Each Party shall take the measures necessary to criminalized terrorism training received ", as set out in paragraph 1 when it is unlawful and intentional, consistent with national legislation. 4. article. Travel to foreign countries for the purpose of terrorism within the meaning of this Protocol 1 "travelling to foreign countries for the purpose of terrorism" means travelling to a country which is not a traveller's nationality or permanent residence in the country, with the intention to make or contribute to a terrorist crime or give or receive terrorist training. 2. Each Party shall take the measures necessary to criminalised "travel to foreign countries for the purpose of terrorism" as defined in paragraph 1, when traveling from the national territory or nationals of the country concerned and when it is unlawful and intentional, consistent with national legislation. In doing so, each party may define conditions arising or are in accordance with those constitutional principles. 3. Each Party shall take the measures necessary to national legislation, and according to them, criminalized attempts to commit the set out in this article. 5. article. Travel to foreign countries for the purpose of financing terrorism 1. within the meaning of this Protocol, "travel to foreign countries for the purpose of financing terrorism" means financial means the direct or indirect provision or collection by any means, in whole or in part enables a person to travel to foreign countries for the purpose of terrorism, as defined in article 4 of this Protocol (1), knowing that these financial resources are fully or partly intended for use for this purpose. 2. Each Party shall take the measures necessary to criminalised "travel to foreign countries for the purpose of financing terrorism", as set out in paragraph 1 when it is done with the intention of illegally and, in accordance with national legislation. 6. article. Travel to foreign countries for the purpose of organizing terrorism or other forms of promotion within the meaning of this Protocol 1 "travel to foreign countries for the purpose of terrorism or some other type of organisation" means any organisation or promotion activities to help the person to travel to a foreign country for the purposes of terrorism, as defined in article 4 of this Protocol (1) knowing that such assistance is for the purpose of terrorism. 2. Each Party shall take the measures necessary to criminalised "travel to foreign countries for the purpose of organizing terrorism or other forms of promotion", as set out in paragraph 1 when it is done with the intention of illegally and, in accordance with national legislation. 7. article. Information exchange 1. Without prejudice to article 3 of the Convention, paragraph 2 (a)) and, in accordance with national law and applicable international obligations, each Party shall take such measures as are necessary to strengthen the exchange between the parties in good time with any available relevant information for people travelling to foreign countries for the purpose of terrorism, as defined in article 4. To this end, each Party shall establish a contact point, available seven days a week and 24 hours a day. 2. a party may choose to determine if an existing contact points in accordance with paragraph 1. 3. the parties to the procedure of urgency to contact to be able to make contact with the other party's point of contact. 8. article. Conditions and safeguards 1. Each Party shall ensure that the implementation of this Protocol, including the 2 to 6. criminalising the determination referred to in article 1, the implementation and application are carried out pursuant to the human rights obligations, in particular the right to freedom of movement, freedom of expression, freedom of Association and religious freedom that the parties concerned are set out in the Convention for the protection of human rights and fundamental freedoms, the International Covenant on Civil and political rights, and taking into account other international law obligations. 2. this Protocol 2 to article 6 of the said criminalising in the implementation and application of the principle of proportionality should be applied, subject to the legitimate objectives that are implemented, and their necessity in a democratic society, and should prevent arbitrariness or discriminatory or racist treatment in any form. 9. article. This Protocol to the Convention of this Protocol, the words and phrases used shall be interpreted in accordance with the Convention. All the provisions of the Convention are applied respectively to the parties, with the exception of article 9. 10. article. The signing and entry into force 1 this Protocol is open for signature by the signatory parties to the Convention. It is subject to ratification, acceptance or approval. The signatory party may not ratify, accept or approve this Protocol if the above has not ratified, accepted or approved the Convention or if this is not done at the same time. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe. 2. this Protocol shall enter into force on the first day of the month following the expiration of three months after the sixth instrument of ratification, acceptance or approval the date of deposit, if such instrument is from no fewer than four Member States of the Council of Europe. 3. In respect of any Signatory Party to the instrument of ratification, acceptance or approval shall be deposited with the later date, this Protocol shall enter into force on the first day of the month after three months have elapsed since the date of the deposit of the instrument of ratification, acceptance or approval. 11. article. 1. The accession protocol after the Protocol entered into force, any State which acceded to the Convention may also accede to this Protocol or to join them at the same time. 2. any country which accede to the Protocol in accordance with the above 1. point, the Protocol shall enter into force on the first day of the month following the expiration of three months from the date on which the Secretary-General of the Council of Europe instrument of accession is deposited. 12. article. Territorial application 1 any State or the European Union at the time of signature or when submitting its instrument of ratification, acceptance, approval or accession, may specify the territory or territories to which this Protocol shall apply. 2. any party, by later European Declaration addressed to the Secretary General of the Council, may extend the application of this Protocol, also to any other territory specified in the Declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of three months from the date on which the Secretary-General that Declaration. 3. Any declaration that is given in accordance with the previous two points, for the territory in this declaration may be withdrawn by sending a notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the first day of the month following the expiration of three months from the date on which the Secretary-General received this notification. 13. article. Denunciation 1 any party may at any time denounce this Protocol by notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect on the first day of the month after three months have elapsed since the date on which the Secretary General of the Council of Europe received this notification. 3. the Convention, Denouncing automatically denounced this Protocol. 14. article. Notifications the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, the European Union, countries which are not Member States of the Council of Europe, but has participated in the elaboration of this Protocol as well as any State which has acceded to the Protocol or invited to do so on a) any signature; b) each instrument of ratification, acceptance, approval or accession depositing; c) this Protocol each date of entry into force in accordance with article 10 and 11; d) any other Act, Declaration, notification or message related to this Protocol. In witness thereof, the undersigned, being duly authorised thereto, have signed this Protocol. The Protocol signed in Riga, 2015 October 22 in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies of this Protocol to all Member States of the Council of Europe, the European Union, countries which are not Member States of the Council of Europe, but have participated in the elaboration of this Protocol, and invited all States to join it.