On The International Convention Against The Taking Of Hostages

Original Language Title: Par Starptautisko konvenciju pret ķīlnieku sagrābšanu

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The Saeima has adopted and the President promulgated the following laws: on the International Convention against the taking of hostages article 1. 17 December 1979 International Convention against the taking of hostages (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Prosecutor shall inform the Secretary-General of the United Nations for article 6 of the Convention referred to in the first subparagraph of arrest or other measures of the facts. 4. article. The Ministry of Justice in accordance with article 7 of the Convention, inform the Secretary-General of the United Nations for the final result of the proceedings. 5. article. The Convention shall enter into force on its article 18 and for the period specified in the order, and the Ministry of Foreign Affairs shall inform the newspaper "journal". 6. article. Crime and corruption prevention Council coordinate the fulfilment of the obligations provided for in the Convention. The law adopted by the Parliament in 2002 on September 26. State v. President Vaira Vīķe-Freiberga in Riga 2002 October 9, INTERNATIONAL CONVENTION against the TAKING OF the States HOSTAG parties to this Convention, HAVING IN MIND the purpose and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States, RECOGNIZING in particular that everyone has the right to life liberty and security of person, as set out in the Universal Declaration of Human rights and the International Covenant on Civil and Political Rights, REAFFIRMING the principles of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations and the Declaration on principles of International Law concerning Friendly Relations and co-operation among States in accordanc with the Charter of the United Nations , as well as in other relevant resolutions of the General Assembly, CONSIDERING that the taking of an ISO of the offenc hostag of grave concern to the international community and that, in accordanc with the provision of this Convention, any person committing an act of taking office shall either be hostag prosecuted or extradited, BEING CONVINCED that it is not urgently to develop international co-operation cessary between States in devising and adopting effective measure for the prevention of , the prosecution and punishment of all acts of taking of the axis of the manifestation of hostag international terrorism, have AGREED AS follows: article 1 1. Any person who seizes or detain and threaten to kill, their injuries or detain another person to continue it (hereinafter referred to as the "hostag") in order to compel a third party, namely, a State, an international intergovernmental organization (a) natural or juridical person, or a group of persons, to do or abstain from doing, any act as an explicit or implici a condition for the release of the commit of the offenc hostag of taking of hostag ("hostag-taking") within the meaning of this Convention. 2. Any person who: (a) attempts to commit an. eye of hostag-taking, or (b). the axis of an accomplice of participat anyone who commit or attempts to commit an act of taking the likewis commit hostag-an offenc for the purpose of this Convention. Article 2 Each State Party shall make the offenc set forth in the article of 1 punishabl by appropriate penalties which take into account the grave nature of those offenc. Article 3 1. The State Party in the territory of which the hostag is held by the offender shall take all appropriate measure to consider it to ease the situation of the particular hostag, in, to secure his release and, after his release, facilitat, when relevant, his departure. 2. If any object which the offender has obtained as a result of the taking of the hostag comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostag or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof. Article 4 States parties shall co-operate in the prevention of the offenc's set forth in article 1, particularly by: (a) taking all the measure of practicabl. to prevent preparation in their respectiv of territories for the commission of those offenc within or outside their territories, including the measure to be in their territories prohibi illegal activities of persons, groups and organizations that, instigat, encourag organize or engage in the perpetration of acts of taking of hostag; (b) exchanging information and co-ordinating. the taking of administrative and other appropriate axis of the measure to prevent the commission of those offenc. Article 5 1. Each State Party shall take such measure may not be the axis of the cessary to establish its jurisdiction over any of the offenc set forth in the article of 1 which are committed: a. in its territory or on board a ship or aircraft registered in that State; b. by any of its nationals or, if that State consider it appropriate, by those stateles persons who have their habitual residence in its territory; c. in order to compel that State to do or abstain from doing any act; or (d). with respect to (a) hostag who is a national of that State if that State consider it appropriate. 2. Each State Party shall take such a likewis measure may not be the axis of its jurisdiction over the cessary establish the offenc set forth in the article 1 in cases where the alleged offender is present in its territory and it does not extradit him to any of the of the States mentioned in paragraph 1 of this article. 3. This Convention does not exclude any criminal jurisdiction exercised in accordanc with internal law. Article 6 1. Upon being satisfied that the warrant, any of these circumstanc State Party in the territory of which the alleged offender is present shall, in accordanc with its law, take him into custody or take other measure to ensur is his presence for such time as is not to enable any criminal or cessary extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts. 2. The custody or other measure referred to in the paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations: (a) the State where the offenc was committed; b. the State against which has been directed or attempted compulsions; (c) the State of which the natural or juridical person against whom compulsions has been directed or attempted is a national; (d) the State of which the (a) national or hostag is in the territory of which he has his habitual residence; e. the State of which the alleged offender is a national or, if he is a stateles person, in the territory of which he has his habitual residence; f. the intergovernmental organization against which international compulsions has been directed or attempted; g. all other States concerned. 3. Any person regarding whom the measure referred to in the paragraph 1 of this article shall be entitled to being taken by: (a) to communicate without delay. with ares to the appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateles person, the State in the territory of which he has his habitual residence; (b) to be visited by a representative of that State. 4. The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present the subject to him, however, that the said laws and regulations must enable full effect to be given to the purpose for which the rights accorded under paragraph 3 of this article are intended. 5. The provision of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordanc with paragraph 1 (b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender the. 6. The State which makes the preliminary inquiry contemplated in the paragraph 1 of this article shall promptly report its finding to the State or organization referred to in paragraph 2 of this article and indicates it intends the whethers the exercise jurisdiction. Article 7 the State Party where the alleged offender is prosecuted shall in accordanc with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned. Article 8 1. The State Party in the territory of which the alleged offender is found shall, if it does not, be obliged him, the extradit without exception whatsoever and whethers or not the offenc was committed in its territory, to submit the case to its competent authorities for the purpose of the prosecution, through proceedings in accordanc with the law of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offenc of a grave nature under the law of that State. 2. Any person regarding whom proceedings are being carried out in Connexions with any of the offenc set forth in of article 1 shall be guaranteed fair treatment at all stages of the proceedings, including the enjoymen of all the rights provided for by the guarantee and the law of the State in the territory of which he is present. Article 9 1. A request for the extradition of an alleged offender, pursuan to this Convention, shall not be granted if the requested State Party has substantial grounds for believing: a. that the request for extradition for an offenc set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race religion, nationality, ethnic origin or political opinion; or (b). the person that's position may be prejudiced: i. for any of the reasons mentioned in subparagraph (a) of this paragraph, or (ii). for the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected. 2. With respect to the axis of the offenc defined in this Convention, the provision of all extradition arrangements applicable to and treats between States parties with modified as between States parties to the exten to that ut300r2u incompatibl with this Convention. Article 10 1. The offenc set forth in the article of 1 shall be deemed to be included as a extraditabl in any extradition treaty existing offenc between States parties. States parties to include such undertak offenc extraditabl is the axis of the offenc in every extradition treaty to be concluded between them. 2. If a State Party which makes extradition conditional on the existenc of a treaty receive a request for extradition from another State Party with which it has extradition treaty, the requested from State may at its option consider this Convention as the legal basis for extradition in respect of the offenc's set forth in article 1 shall be Extradition subject to the other conditions provided by the law of the requested State. 3. States parties which do not make extradition conditional on the existenc of a treaty shall recognize the offenc set forth in the article of 1 axis of the offenc extraditabl between themselves subject to the conditions provided by the law of the requested State. 4. The offenc set forth in the article I shall be treated, for the purpose of extradition between States parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordanc with paragraph 1 of article 5 article 11 1. States parties shall afford one another the greatest measure of assistance in the criminal proceedings with the Connexions brough in respect of the offenc's set forth in article 1, including the supply of all evidence at their disposal for the proceedings not cessary. 2. The provision of paragraph 1 of this article shall not be an obligation concerning mutual affec judicial assistance embodied in any other treaty. Article 12 In so far as the Geneva Convention of 1949 for the protection of war victim or the Additional Protocol to the Convention with those applicable to a particular Act of hostag-taking, and in so far as States parties to this Convention are bound under the convention to those prosecut or hand over the hostag-takers, the present Convention shall not apply to an act of hostag-taking committed in the course of armed conflicts as defined in the Geneva Convention of 1949 and the protocols, including armed conflicts theret mentioned in article 1, paragraph 4, of Additional Protocol I of 1977, in which people with fighting against colonial domination and alien occupation and against the regime established in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on principles of International Law concerning Friendly Relations and co-operation among States in accordanc with the Charter of the United Nations. Article 13 this Convention shall not apply where the offenc is committed within a single State, the alleged offender hostag and the with the national of that State and the alleged offender is found in the territory of that State. Article 14 Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations. Article 15 the provision of this Convention shall not be affec the applications of the Treats to one Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treats; but a State Party to this convention may not invoke those Treats with respect to another State Party to this Convention which it is not a party to those treats. Article 16 1 Any dispute between. two or more States parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted 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 request in conformity with the Statute of the Court. 2. Each State may at the time of signature or ratification of this Convention or accession declare that it shall theret does not consider itself bound by paragraph 1 of this article. The other States parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation. 3. Any State Party which has made a reservation in accordanc with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General in the United Nations. Article 17 1. This Convention is open for signature by all States until 31 December 1980 at the United Nations Headquarters in New York. 2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. This Convention is open for accession by any State. The instrument of accession shall be deposited with the Secretary-General of the United Nations. Article 18 1 the Convention shall enter the into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. Article 19 1. Any State Party may denounc 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 20 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 cop to it all States thereof. In WITNESS WHEREOF, the undersigned, being duly authorized by the by their respectiv theret in Governments, have signed this Convention, opened for signature at New York on 18 December 1979.

International Convention AGAINST the taking of hostages, The Convention respecting the United Nations Charter objectives and principles with regard to international peace and security and the maintenance of friendly relations and cooperation among States, while recognizing that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of human rights and the International Covenant on Civil and political rights, reaffirming the equal rights of peoples and self-determination principles of law expressed in the United Nations Charter and the Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations, as well as other relevant resolutions of the General Assembly, considering that the taking of hostages is an offence, which is a serious concern in the international community, and that in accordance with the provisions of this Convention, any person who grabs the hostages, is either actionable or let , Convinced that the urgent need to develop international cooperation among countries to develop and implement effective measures in the case of all the taking of hostages, and the punishment of the suspects on them as manifestations of international terrorism, have agreed as follows: article 1 1. any person who grabs hold and threatens to murder, or to injure or to continue to detain another person (hereinafter referred to as the "hostage") with the aim to force a third party that is, a State, an international intergovernmental organization, a natural or legal person or group of people to perform or to refrain from them as explicit or implicit condition for the release of the hostages, the hostage shall be made ("hostage-taking") within the meaning of this Convention. 2. any person who: (a) attempts to commit the taking of hostages or (b) as an accomplice in helping someone who commits or attempts to commit the taking of hostages, also commits an offence within the meaning of this Convention. Article 2 provides that each Member State referred to in article 1 offences punishable by appropriate penalties, taking into account the seriousness of the offences. 1. Article 3, the Member State in whose territory the offender there hostage, take all necessary measures to facilitate the hostage's condition, in particular, to ensure the release and after its release if necessary, facilitate its departure. 2. If any object which the offender has obtained as a result of the taking of hostages into a Member State, the Member State shall return the hostages as soon as possible, or referred to in article 1 third party depending on the particular circumstances, or to the relevant authorities. Article 4 the Member States shall cooperate to prevent 1. criminal offences referred to in article 1, in particular: (a) taking all possible measures to prevent preparation in their respective territories the following criminal offences committed in their territory or outside, it including measures to prohibit a person, group, and organization of illegal activities in their territories that support, promote, organize or engage in the preparation of the taking of hostages; (b) exchanging information and co-ordinating administrative and other measures necessary to prevent such criminal offences. 1. Article 5, each Member State shall take the necessary measures to establish jurisdiction over referred to in article 1 offences committed: (a) in its territory or in this country to a vessel or aircraft; (b) if committed in this State, or, if that State considers it appropriate, the stateless persons whose normal place of residence is in the territory of the country; (c) with the aim to force this country to perform or to refrain from it; or (d) in relation to a hostage who is a national of that State if that State considers it appropriate. 2. each Member State shall take the necessary measures to establish its jurisdiction over the crime referred to in article 1 where the alleged offences, the offender is situated in its territory and is not extradited any of this article in part 1 of the mentioned countries. 3. this Convention does not exclude the application of the krimināljurisdikcij, which is applied in accordance with national laws and regulations. 6. Article 1. Satisfied that circumstances attest, any Member State within the territory of which the alleged perpetrator of the offence, in accordance with their own laws and arrest them or carry out other measures to ensure that person's presence as long as necessary to carry out the criminal or extradition procedures. The Member State shall immediately initiate a preliminary investigation of the facts. 2. part 1 of this article in that custody or other measures without delay directly or through the Secretary-General of the United Nations shall be reported: (a) the State where the crime was committed; (b) the State to which the has been directed or attempted to bring to coercion; (c) the State of which a citizen is a natural or legal person against whom has been directed or attempted to bring to coercion; (d) the State of which a citizen is a hostage or within the territory of which the residence; (e) the State of which a citizen is a potential perpetrator of the crime, or if it is a stateless person, the State in whose territory he has his habitual residence; (f) the international intergovernmental organization against which has been directed or attempted to bring to coercion; (g) all other countries that are associated with it. 3. any person against whom have been directed in part 1 of this article, such activities, have the right to: (a) communicate without delay with the nearest appropriate representative of the State whose citizen is the person or for some other reason have the right to communicate, or, if the person is a stateless person, a representative of the State in which he has his habitual residence; (b) to visit this country. 4. The rights referred to in part 3 are applied in accordance with its national laws and regulations within the territory of which the alleged offender of an offence provided that these laws and regulations are fully implemented in this article, part 3 of those goals. 5. This article is part 3 and 4 shall not affect the jurisdiction of the requesting Member State, in accordance with article 5 (1) (b), to invite the International Committee of the Red Cross to communicate with potential the offender and to visit it. 6. the country that carried out this article, part 1 of the original investigation, immediately on all open facts reported in part 2 of this article, these countries or organization and indicate whether it intends to apply the jurisdiction. Article 7 in the Member State where the offender is charged, in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall communicate them to the other participating States and international intergovernmental organizations. 8. Article 1. the Member State on whose territory the potential are found in the offender is obliged, if it fails the person, without exception and regardless of whether a criminal offence has been committed in its territory, to put the matter to their competent authorities to initiate criminal prosecution in accordance with the national laws and regulations. That institution shall take a decision in accordance with the laws of this State as in other severe criminal cases. 2. any person against whom proceedings are being carried out in connection with any of those referred to in article 1 offences, are guaranteed fair treatment at all stages of the proceedings, including all the rights and guarantees laid down by the legislation of the State in whose territory he resides. 1. Article 9 request for possible extradition of the offender pursuant to this Convention, may not be satisfied if the request received the Member has reasonable grounds to believe that: (a) a request to extradite a person referred to in article 1 of the crime is expressed with the aim to haunt or punish this person in the race, religion, nationality, ethnic origin or political opinion; or (b) that the person's situation may be detrimental to: (i) any of this part (a) that the reason, or (ii) that the communication is not possible with him in the State institutions, which are entitled to apply for protection. 2. All Member States apply to the extradition treaty and an agreement on the provisions of this Convention defines criminal offences are to be considered as amended by road between Member States, in so far as they are incompatible with this Convention. 10. Article 1 referred to in article 1 offences are treated as criminal offences, for which the issue is fixed in any extradition treaty concluded between the Member States. Member States undertake to include the offences of such criminal offences in the category for which the output is defined, all picking contracts will be concluded between them. 2. If the Member State which established that the issue depends on the existence of the Treaty, extradition requests received from another Member State, with which it has no extradition treaty, the requested State may, at its own choice to believe this Convention as a legal basis for extradition in respect of article 1 of the said criminal offences. The output is independent of the other terms set by the request received the national law. 3. Member States which have not made it an issue independent of the existence of the Treaty, in article 1 recognizes that the offences referred to are included in the category of criminal offences for which extradition is established, depending on the terms and conditions determined by the request received the national law. 4. Article 1 of the said offences in cases of extradition between Member States are treated as if they had been committed not only in the place in which it occurred but also in the territories of the countries which have established jurisdiction in accordance with article 5, part 1. 1. Article 11 Member States shall afford each other the greatest assistance in relation to kriminālprocesuālaj activities with regard to article 1 of the abovementioned criminal offences, including all the proceedings in their possession of the necessary evidence. 2. The provisions of part 1 of article are not detrimental to the responsibilities related to mutual legal assistance, which is included in any other agreement. Article 12 to the extent that the 1949 Geneva Convention on the protection of victims of war or the attached Protocol to the conventions relating to a particular instance of the taking of hostages, and the extent of this Convention, Member States are obliged to take hostage the prosecution or issue sagrābēj it, this Convention shall not apply to the taking of hostages, if it happened during the armed conflict, as defined in the 1949 Geneva Conventions and its protocols , including in armed conflicts, mentioned in the 1977 Additional Protocol I, article 1, part 4, in which the nation's fight against colonial oppression and the occupation of other countries, as well as against the racist regime, exercising its right to self-determination, as laid down in the United Nations Charter and the Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations. Article 13 this Convention shall not apply to cases where a criminal offence is committed within a single State, the hostage and the alleged offender is a criminal offence, nationals of and possible the offender is found in the territory of the country. Article 14 of this Convention, this shall not be used to justify a national territorial integrity or political independence of the infringement, which is contrary to the Charter of the United Nations. Article 15 the provisions of this Convention shall not prejudice the adoption of this Convention, in force at the time of the asylum application of a treaty between States which are Member States of the agreement; but the present Convention may not require compliance with this contract to another of the Convention Member State other than the Member State of those contracts. Article 16 1 Any dispute between two or more Member States, related to the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of these States shall be submitted to arbitration. If within six months of the request for arbitration the parties are unable to agree on the Organization of the arbitration, any of those parties may refer the application to the International Court of Justice in accordance with the Statute of the Court of Justice. 2. for each State ratifying this Convention at the time of signing or acceding to or may declare that it does not consider that article part 1 of binding. Other Member States are not bound by part 1 of this article in respect of any Member State which has made such a reservation. 3. any Member State which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations. Article 17 this Convention 1 is open for signature by all States until 1980 December 31 United Nations Headquarters in New York. 2. this Convention is subject to ratification. The ratification act is submitted to the Secretary-General of the United Nations. 3. This Convention shall be open for accession by any State. Accession are submitted to the Secretary-General of the United Nations. Article 18 1. this Convention shall enter into force on the thirtieth day following the deposit of the twenty-second instrument of ratification or accession was lodged with the Secretary-General of the United Nations. 2. for each State ratifying this Convention or acceding to it after the twenty-second instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the date on which that State deposits its instrument of ratification or instrument of accession. 19. Article 1 any State may denounce this Convention by written notification to the Secretary-General of the United Nations. 2. The denunciation shall take effect one year after the Secretary-General of the United Nations has received the notification. Article 20 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 true copies to all Member States. In witness whereof, the undersigned, their authorised representatives of the Governments signed this Convention. The Convention was opened for signature in New York, 18 December 1979.


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