The Third Additional Protocol To The Council Of Europe Convention On Extradition

Original Language Title: Par Trešo papildu protokolu Eiropas Padomes konvencijai par izdošanu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/238388

The Saeima has adopted and the President promulgated the following laws: the third additional protocol to the European Convention on extradition of the Council article 1. 10 November 2010 the third additional protocol of 13 December 1957 European Convention on extradition of the Council (hereinafter referred to as the Protocol) with this law is adopted and approved.
2. article. Fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of Justice.
3. article. 4. In accordance with article 5 of the Protocol shall determine that the person consent to the issue of the simplified procedure and the abandonment of the special provisions can be reversed.
4. article. In accordance with article 5 of the Protocol provide that the Council of Europe Convention on extradition, the provisions of article 14 shall not apply to article 5 of the Protocol, the "b" in the case referred to in paragraph 1.
5. article. This Protocol shall enter into force on its article 14 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
6. article. The law shall enter into force on January 1, 2012. With the law put the Protocol in English, and its translation into Latvian language.
The Parliament adopted the law of 13 October 2011.
The President a. Smith in 2011 on 26 October Third Additional Protocol to the European Convention on Extradition the member States of the Council of Europe, signatory to this Protocol, Considering that the aim of the Council of Europe is to achieve greater unity between its members;
Desiro of strengthening their individual and collective ability to responds to crime;
Having regard to the provision of the European Convention on Extradition (ETS No. 24) opened for signature in Paris on 13 December 1957 (hereinafter referred to as "the Convention"), as well as the two Additional Protocols theret (ETS Nos. 86 and 98), done at Strasbourg on 15 October 1975 and 17 March 1978 on, respectively;
Considering it desirabl to supplement the Convention in certain respect in order to simplify and accelerate the extradition procedure when the person sought consent to extradition, have agreed as follows: article 1 – Obligation to extradit the under the simplified procedure to the Contracting Parties to undertak extradit each others under the simplified procedure as provided for by this Protocol to persons sought in accordanc with article 1 of the Convention , subject to the consent of such person and the agreement of the requested Party.
Article 2 – Initiation of the procedure When the 1 person sought is the subject of a request for provisional arrest in accordanc with article 16 of the Convention, the extradition referred to in article 1 of this Protocol shall not be subject to the submission of a request for extradition and supporting documents in accordanc with article 12 of the Convention. The following information provided by the requesting Party shall be regarded as adequat by the requested Party for the purpose of applying articles 3 to 6 of this Protocol and for taking it to the final decision on extradition under the simplified procedure: (a) the identity of the person sought, including his or her nationality or to nationalit when available;
(b) the authority requesting the arrest;
(c) the existenc of an arrest warrant or other document having the same legal effect or of an enforceabl of judgement, as well as a confirmation that the person is sought in accordanc with article 1 of the Convention;
(d) the nature and legal description of the offenc, including the maximum penalty or the penalty imposed in the final judgement, including any on the whethers of the judgement has already been enforced;
(e) information concerning Fox of time and its interruption;
(f) a description of the check in which the offenc circumstanc was committed, including the time, place and degree of involvement of the person sought;
(g) in so far as possible, the consequences of the offenc;
(h) in cases where extradition is requested for the enforcement of a final judgement, whethers the judgement was rendered in absentia.
2. Notwithstanding paragraph 1, the supplementary information may be requested if the information provided for in the said paragraph is insufficient to allow the requested Party to decide on extradition.
3. In cases where the requested Party has received a request for extradition in accordanc with article 12 of the Convention, this Protocol shall apply mutatis mutandis.
Article 3-Obligation to notify the person where (a) the person sought for the purpose of extradition is arrested in accordanc with article 16 of the Convention, the competent authority of the requested Party shall inform the person, in accordanc with its law and without delay, of the undu a request relating to him or her of the possibility of applying the simplified extradition procedure in accordanc with this Protocol.
Article 4 – Consent to extradition 1. The consent of the person sought and, if appropriate, his or her Express renunciation of entitlement to the rule of speciality shall be given before the competent judicial authority of the requested the Party in accordanc with the law of that Party.
2. Each Party shall adop the measure not to ensur cessary that consent and, where appropriate, renunciation, as referred to in paragraph 1, established in such a way as to show (a) that the person concerned has expressed them voluntarily and in full awareness of the legal consequences. To that end, the person sought shall have the right to legal counsel. If not, the requested Party shall cessary ensur that the person sought has the assistance of an interpreter.
3. Consent and, where appropriate, renunciation, as referred to in paragraph 1, shall be recorded in accordanc with the law of the requested Party.
4. Subject to paragraph 5, the consent and, where appropriate, renunciation, as referred to in paragraph 1, shall not be revoked.
5. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later time, declare that consent and, where appropriate, renunciation of entitlement to the rule of speciality, may be revoked. Consent may be revoked by the to until the requested Party takes its final decision on extradition under the simplified procedure. In this case, the period between the notification of consent and that of its revocation shall not be taken into considerations in establishing the period provided for in article 16, paragraph 4, of the Convention. Renunciation of entitlement to the speciality rule may be revoked of until the surrender of the person concerned. Any revocation of the consent to the extradition or the renunciation of entitlement to the rule of speciality shall be recorded in accordanc with the law of the requested Party and immediately notified to the requesting Party.
Article 5 – Renunciation of entitlement to the speciality rule of Each State may declare, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later time, that the rules put down in article 14 of the Convention do not apply where the person extradited by this State, in accordanc with article 4 of this Protocol (a) consent to extradition; or (b) consent to extradition and expressly renounc-his or her entitlement to the rule of speciality.
Article 6-Notification in case of provisional arrest 1. So that the requesting Party may submit, where applicable, a request for extradition in accordanc with article 12 of the Convention, the requested Party shall notify it, as soon as possible and no later than ten days after the date of provisional arrest, whethers or not the person sought has given his or her consent to the extradition.
2. In exceptional cases where the requested Party decide not to apply the simplified procedure in the spits of the consent of the person sought, it shall notify this to the requesting Party sufficiently in advance so as to allow the latter to submit a request for extradition before the period of forty days established under article 16 of the Convention expires.
Article 7: Notification of the decision where the person sought has given his or her consent to the extradition, the requested Party shall notify the requesting Party of its decision with regard to the extradition under the simplified procedure within twenty days of the date on which the person consented.
Article 8 – means of communication For the purpose of this Protocol, communications may be forwarded through electronic or any other means affording evidence in writing, under conditions which allow the parties to ascertain their authenticity, as well as through the International Criminal Police Organisation (Interpol). In any case, the Party concerned shall, upon request and at any time, submit the originals or authenticated "cop out of documents.
Article 9 – Surrender of the person to be extradited Surrender shall take place as soon as possible, and preferably within ten days from the date of notification of the extradition decision.
Article 10-Consent given after the expiry of the deadline put down in article 6 where the person sought has given his or her consent after expiry of the deadline of ten days passed down in article 6, paragraph 1, of this Protocol, the requested Party shall apply the simplified procedure as provided for in this Protocol if it has not yet received a request for extradition within the meaning of article 12 of the Convention.
Article 11 – transit In the event of transit under the condition laid down in article 21 of the Convention, where a person is to be extradited under a simplified procedure to the requesting Party, the following provision shall apply to: (a) the request for transit shall contain the information required in article 2, paragraph 1, of this Protocol;
(b) the Party requested to grant transit may request supplementary information if the information provided for in sub-paragraph (a) is insufficient for the said Party to decide on transit.

Article 12 – Relationship with the Convention and other international instruments 1. The words and expressions used in this Protocol shall be interpreted within the meaning of the Convention. As regards the parties to this Protocol, the provision of the Convention shall apply, mutatis mutandis, to the exten to that they are compatible with the provision of this Protocol.
2. The provision of this Protocol are without prejudice to the application of article 28, paragraphs 2 and 3, of the Convention concerning the relations between the Convention and bilateral agreements or multilaterals.
Article 13 – Friendly settlement the European Committee on crime problems of the Council of Europe shall be informed regarding the application to the skipper of this Protocol and shall do whatever is cessary to facilitat not a friendly settlement of any difficulty which may «arise out of its interpretation and application.
Article 14 – signature and entry into force 1 this Protocol shall be open. for signature by the member States of the Council of Europe which with a Party to or have signed 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 third instrument of ratification, acceptance or approval.
3. In respect of any signatory State 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 deposit.
Article 15 – Accession 1. Any non-member State which has acceded to the Convention may accede to this Protocol after it has entered into force.
2. Such accession shall be effected by depositing an instrument of accession with the Secretary General of the Council of Europe.
3. In respect of any acceding State, 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.
Article 16 – Territorial application 1 Any State 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 State 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 such 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 six months after the date of such receipt or notification by the Secretary General.
Article 17 – declarations and reservations 1 reservations made by a State to any provision of the Convention or the Protocol, the two Additional theret shall also be applicable to this Protocol, unless that state otherwise declare at the time of the signature or when depositing its instrument of ratification, acceptance, approval or accession. The same shall apply to any declaration made in respect of any provision or by virtue of the Convention or the two Additional Protocols theret.
2. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will itself availa ... of the right not to accept wholly or in part of article 2, paragraph 1, of this Protocol. Other reservation may be made.
3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later time, make the declaration provided for in article 4, paragraph 5, and in article 5 of this Protocol.
4. Any State may wholly or partially withdraw a reservation or declaration it has made in accordanc with this Protocol, by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.
5. Any Party which has made a reservation to article 2, paragraph 1, of this Protocol, in accordanc with paragraph 2 of this article may not claim the application of that paragraph by another Party. It may, however, if its reservation is partial or conditional, claim the application of that paragraph, in so far as it has itself accepted it. Article 18 – Denunciation 1 Any Party may, in. so far as it is concerned, 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 six 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 19 – notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded 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 14 and 15;
(d) any declaration made in accordanc with article 4, paragraph 5, article 5, article 16 and article 17, paragraph 1, and any withdrawals of such a declaration;
any reservation made in accordanc e with article 17, paragraph 2, and any withdrawals of such a reservation;
(f) any notification received in pursuanc of the provision of article 18 and the date on which denunciation takes effect;
g 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 Strasbourg, this 10th day of November 2010, 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 and to the non-member States which have acceded to the Convention.
 
Third additional protocol to the European Convention on extradition of the Council for Member States of the Council of Europe, signatories to this Protocol, considering that the aim of the Council of Europe is to achieve greater unity between Member States;
Desiring to strengthen the Member States ' individual and collective capacity to take action against crime;
taking into account the provisions laid down in the European Convention on extradition (EL No 24) (hereinafter "the Convention"), which is passed to the signing in Paris of 1957, 13 December, as well as its two optional protocols (EL No 86 and No. 98), which was signed in Strasbourg on 15 October 1975 and 17 March 1978;
considering that it is desirable to supplement the Convention in certain respects, in order to simplify and expedite the procedure for extradition when the person sought consents to extradition, have agreed on the following.
1. article. Obligation to issue, in accordance with the simplified procedure, the Contracting Parties undertake to extradite to each other for the person sought in accordance with this Protocol the simplified procedure provided for under article 1 of the Convention, if the person is obtained and the consent of the requested Party.
2. article. Initiation 1. If the wanted person is issued a request for provisional arrest under article 16 of the Convention, the Protocol referred to in article 1, the issue is not related to the extradition request and the documents that you want to add, be submitted in accordance with article 12 of the Convention. To the requested party to the Protocol to apply 3-5 and make the final decision on extradition in accordance with the simplified procedure, the requesting party must provide the following information: (a) the information about the wanted person) identity, including nationality or citizenship, if such data are available;
(b)), the name of the authority requesting the arrest;
c) information that is issued an arrest warrant or other document having equivalent legal effect, or an enforceable judgment, as well as confirmation that the person in question is sought, in accordance with article 1 of the Convention;
(d) the nature of the offence and legal) qualifications, including the maximum possible punishment or penalty in the final judgment, as well as information on whether any of the parts of the judgment has already executed;
e) information on the limitation and termination;
f) detailed information about the circumstances in which the offence was committed, including the time, place and degree of participation of the person;
(g)) as far as possible, the consequences of the offence;
(h)), where extradition is sought to comply with the final judgment, information on whether the judgment was handed down in absentia.
2. If the information provided for in paragraph 1 is not sufficient to enable the requested party to take a decision on the issue, it does not matter referred to in paragraph 1 may require additional information.

3. where the requested Party has received the extradition request in accordance with article 12 of the Convention, this Protocol shall apply mundant.
3. article. The obligation to inform the person concerned if the person whose extradition is sought, has been arrested in accordance with article 16 of the Convention, the requested Party, the competent authority in accordance with national law and without undue delay, inform the person concerned of the request for extradition and the possibility to apply simplified extradition procedures in accordance with this Protocol.
4. article. 1. Search for the issue of the consent in person his agreement and, if necessary, a clear rejection of the special rules provided the requested party to the competent judicial authority under national law.
2. Each party must take appropriate measures to ensure that consent and, if necessary, a waiver as referred to in paragraph 1 are expressed in it to make it clear that the person concerned has taken a decision voluntarily and fully aware of the legal consequences. In such cases, the person sought shall have the right to receive legal advice. If necessary, the requested Party shall provide to the person looking for interpreter services.
3. Expressed consent and waiver, if necessary, referred to in paragraph 1, shall be recorded in accordance with the requested party's laws.
4. subject to paragraph 5, provided for in the agreement referred to in paragraph 1 or the waiver may not be withdrawn.
5. any State Protocol at the time of signature or deposit of an instrument of ratification, acceptance, approval or accession, or at any time thereafter, declare that the consent and, where appropriate, renunciation of the special provisions, may be withdrawn. Consent can be withdrawn as long as the requested Party has not taken a final decision on the issue in accordance with the simplified procedure. In this case, article 16 of the Convention defines the term referred to in paragraph 4 shall not be taken into account in the time period between the notice of consent and notification of its withdrawal. The abandonment of the application of the specific provisions may be withdrawn until the transfer of the person concerned takes place. If consent is withdrawn, or the issue of a waiver of the application of the specific provisions, the cancellation or renunciation shall be recorded in accordance with the requested party's laws and shall immediately notify the requesting party.
5. article. Waiver of the application of the specific provisions of any protocol at the time of signature or deposit of an instrument of ratification, acceptance, approval or accession, or at any time thereafter, declare that the Convention referred to in article 14 of the rules do not apply where the person this country issued in accordance with article 4 of this Protocol, (a) for the issue or b) agrees) agrees to issue and expressly disclaims the application of the specific provisions.
6. article. Notifications of provisional arrest 1. to requesting party, where appropriate, to submit the extradition request, according to article 12 of the Convention, the requested party must be notified as soon as possible and no later than ten days after the provisional arrest, whether or not the person searched has given its consent to the extradition or not.
2. In exceptional cases where the requested Party decides not to apply the simplified procedure, even though the search has agreed to it, the requested Party shall promptly notify the Applicant of the party so that it can submit extradition requests before the end of the article 16 of the Convention in the forty day period.
7. article. The notification of the decision If the person sought consents to extradition, the requested Party shall, within twenty days after the receipt of such consent must notify the requesting Party of its decision on the issue in accordance with the simplified procedure.
8. article. The means of communication pursuant to this Protocol may be used for electronic communication, or any other means which enables you to save the written testimony, provided that the parties are likely to ensure authenticity; communication can also be performed with the international criminal police organisation (Interpol). In any case, the party concerned shall, on request and at any time, submit the original documents or certified copies.
9. article. The surrender of the Person to be issued a transfer must take place as soon as possible, preferably within ten days after the issuance of notification of the decision.
10. article. Article 6 of the agreement after the expiry of the period laid down in the cases where the person sought his consent is expressed by article 6 of this Protocol 1 referred to in ten days have passed, the requested Party shall apply to the simplified procedures provided for in this Protocol, unless the extradition request has been received in accordance with article 12 of the Convention.
11. article. If you want to ensure the transit of transit according to article 21 of the Convention and if the person is issued to the requesting party in accordance with the simplified procedure, the following provisions shall apply: (a) the request shall include transit) this Protocol, article 2 the information referred to in paragraph 1;
(b) subparagraph (a))) if the information is not sufficient to ensure transit, the party that has received a request to take transit, may require additional information.
12. article. Relationship with the Convention and other international documents used in this Protocol 1 words and phrases interprets the meaning of the Convention. With respect to the parties to this Protocol, the provisions of the Convention apply, mutatis mutandis, to the extent that they are in accordance with the provisions of this Protocol.
2. The provisions of this Protocol are without prejudice to article 28 of the Convention, articles 2 and 3 relating to the application of the Convention to the bilateral or multilateral agreements.
13. article. A friendly solution to the problem of crime of the Council of Europe, the Committee is informed of the application of this Protocol and shall endeavour to promote the friendly settlement of any complicated situation arising in connection with the interpretation and application of the Protocol.
14. article. The signing and entry into force 1 this Protocol may sign a Council of Europe Member States which are parties to the Convention or has signed 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 it 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 from the date on which the deposit of the third instrument of ratification, acceptance or approval.
3. In respect of any signatory State which subsequently deposits an 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 following the expiration of three months from the date on which the deposit of the relevant instrument.
15. article. 1. the accession of third countries that are party to the Convention, may accede to this Protocol after its entry into force.
2. such accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the Council of Europe.
3. the States which accede to, this Protocol shall enter into force on the first day of the month following the expiration of three months from the date of the deposit of the instrument of accession.
16. article. Territorial application 1 any State Protocol at the time of signature or deposit of an instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol applies.
2. any State, by later European Declaration addressed to the Secretary General of the Council, may extend 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 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, in respect of any territory mentioned in the Declaration, be withdrawn by sending a notification addressed to the Secretary General of the Council of Europe. Withdrawal of the Declaration shall enter into force on the first day of the month following the expiration of a period of six months from the date on which the Secretary-General received the following announcement.
Article 17. Declarations and reservations 1 reservations made by the State in respect of any of the provisions provided for in the Convention or in one of the two additional protocols, is relevant to this Protocol, unless the State concerned at the time of signature or ratification, acceptance, approval or accession, did not provide any other notice. The same applies to any declaration made with respect to any of the conventions or the Protocol of two additional rules or in accordance with the Convention or the documents.
2. for any State signing this Protocol or depositing an instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to accept this Protocol, article 2 (1) in whole or in part. No other reservations are not permitted.

3. Any State may at the time of signature or deposit of an instrument of ratification, acceptance, approval or accession, or at any time later this Protocol can provide in article 4, paragraph 5, and article 5 of the proposed notice.
4. Any State may wholly or partially withdraw in accordance with this Protocol the reservation or declaration by notification addressed to the Secretary General of the Council of Europe, which shall enter into force on the date of receipt.
5. the party which, in accordance with paragraph 2 of this article has made a reservation in respect of article 2 of this Protocol, paragraph 1 may not require the other party to the application of this paragraph. However, if reservation is partial or conditional, the party concerned may request the application of that paragraph, in so far as it has itself adopted it.
18. article. Denunciation 1 any party may, so far as it is concerned, denounce this Protocol by 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 six months after the date on which the Secretary General of the Council of Europe received this notification.
3. the Convention, Denouncing automatically denounced this Protocol.
19. article. Notifications the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, as well as all the other States which are parties to this Protocol, on (a) the signing of the Protocol);
b) each instrument of ratification, acceptance, approval or accession depositing;
c) each date of entry into force of the Protocol in accordance with articles 14 and 15;
(d) each declaration), supplied in accordance with article 4, paragraph 5, article 5, article 16 and article 17, paragraph 1, and any such withdrawal of Declaration;
e) each reservation made in accordance with article 17, paragraph 2, and any such withdrawal of a reservation;
f) each notification received in accordance with the provisions of article 18, and the effective date of denunciation;
g) any other Act, notification or application related to this Protocol.
In witness thereof, the undersigned, being duly authorised thereto, have signed this Protocol.
Protocol drawn up in Strasbourg on 10 November 2010, 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 to all the Member States of the Council of Europe and the Governments of third countries which are parties to the Convention.