On The European Convention On Combating Terrorism

Original Language Title: Par Eiropas Konvenciju par terorisma apkarošanu

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The Saeima has adopted and the President promulgated the following laws: for a European Convention on combating terrorism, article 1. 27 January 1977 European Convention on the prevention of terrorism (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. In accordance with article 10 of the Convention, the arbitrator appointed by the Attorney General on the recommendation of the Cabinet of Ministers. 4. article. The Convention shall enter into force on its article 11 within the time and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 4 March 1999. The President g. Ulmanis in Riga on 24 March 1999, the European Convention on the Suppression of Terrorism Strasbourg, 27. I. 1977 the member States of the Council of Europe, signatory of the heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Aware of the growing concern caused by the increase in acts of terrorism; Wishing to take effective measure to ensur that the perpetrator of such acts do not escape prosecution and punishment; Convinced that extradition is a particularly effective measure for achieving this result, have agreed as follows; Article 1 For the purpose of extradition between Contracting States, none of the following shall be regarded as a of the offenc political or as an offenc offenc is connected with a political or as an offenc offenc is inspired by political motivated: a. an offenc is within the scope of the Convention for the Suppression of Unlawful chicken pox vaccine and of aircraft, signed at the Hague on 16 December 1970; (b). within the scope of the offenc United Nations of the Convention for the Suppression of Unlawful acts against the Safety of Civil Aviation, the signed at Montreal on 23 September 1971; (c) a serious attack against the United Nations involving the offenc the life, physical integrity or liberty of internationally protected persons, including diplomatic agents; (d) involving kidnapping, a UN offenc. the taking of a hostag or serious unlawful detention; e. an offenc is involving the use of a bomb, grenade, rocket, automatic firearms or letter or parcel bomb if this use will endanger persons; f. an attempt to commit any of the foregoing or participation as an offenc accomplice of a person who commit or attempts to commit such an offenc. Article 2 1. For the purpose of extradition between Contracting States, a Contracting State may decide not to regard as a political or an axis of the offenc offenc connected with a political or as an offenc offenc is inspired by political motivated a serious an act involving the offenc of violence, other than one covered by article 1, against the life, physical integrity or liberty of a person. 2. The same shall apply to a serious of involving an offenc act against property, other than one covered by article 1, if the Act created a collective danger for persons. 3. The same shall apply to an attempt to commit any of the foregoing or participation as an offenc accomplice of a person who commit or attempts to commit such an offenc. Article 3 the provision of arrangements for extradition and treats all applicable between Contracting States, including the European Convention on Extradition, with the modified as between Contracting States to the exten to that ut300r2u incompatibl with this Convention article 4 For the purpose of this Convention and to the exten to that mentioned in the article of the offenc any 1 or 2 is not listed as an extraditabl in any extradition convention of the offenc or treaty existing between Contracting States , it shall be deemed to be included as such therein. Article 5 Nothing in this Convention shall be interpreted as imposing an obligation to extradit if the requested State has substantial grounds for believing that the request for extradition for an offenc is mentioned in article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons. Article 6 1 Each Contracting State shall. take such measure may not be the axis of the cessary to establish its jurisdiction over an offenc is mentioned in article 1 in the case where the suspected offender is present in its territory and it does not by him after receiving a extradit request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State. 2. This Convention does not exclude any criminal jurisdiction exercised in accordanc with national law. Article 7 A Contracting State in whose territory a person suspected to have committed an offenc is mentioned in article 1 is found and which has received a request for extradition under the conditions mentioned in article 6, paragraph 1, shall, if it does not that person, extradit submit the case, without exception whatsoever and without delay, of the undu its competent authorities for the purpose of the prosecution. Those authorities shall take their decision in the same manner as in the case of any offenc of a serious nature under the law of that State. Article 8 1. Contracting States shall afford one another the wides a measure of mutual assistance in criminal matters in connection with proceedings brough in respect of the offenc's mentioned in article 1 or 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Vertheles not this assistance may not be refused on the sole ground that it concerns a political or an offenc offenc is connected with a political or an offenc offenc is inspired by political motivated. 2. Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual assistance if the requested State has substantial grounds for believing that the request for mutual assistance in respect of an offenc is mentioned in article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position may be prejudiced for any of these reasons. 3. The provision of all the arrangements concerning mutual treats and assistance in criminal matters applicable between Contracting States, including the European Convention on Mutual assistance in Criminal matters, with modified as between Contracting States to the exten to that ut300r2u incompatibl with this Convention. Article 9 1. The European Committee on crime problems of the Council of Europe shall be informed regarding the application to the skipper of this Convention. 2. It shall do whatever is not edful it a friendly settlement facilitat of any difficulty which may «arise out of its execution. Article 10 1. Any dispute between Contracting States concerning the interpretation or application of this Convention, which has not been settled in the framework of article 9, paragraph 2, shall, at the request of any Party to the dispute, be referred to arbitration. Each Party shall nominat an arbitrator and the arbitrator shall be two nominat a referee. If any Party has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other Party by the President of the European Court of Human rights. If the latter should be a national of one of the parties to the dispute, this duty shall be carried out by the Vice-President of the Court or, if the Vice-President is a national of on of the parties to the dispute, by the most senior judge of the Court not being a national of one of the parties to the dispute. The same procedure shall be observed if the arbitrator is cannot agree on the choice of referee. 2. The arbitration tribunal shall lay down its own procedure. It shall be taken by a majority decision in the vote. It shall be the final award. Article 11 1 this Convention shall be open. the signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval. 3. In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval. Article 12 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply. 2. Any State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. 3. Any declaration made in pursuanc of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawals shall take effect immediately or at such later date as may be specified in the notification. Article 13 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it reserve the right to extradition in respect of the refus any mentioned in the article 1 of the offenc which it consider to be a political, an offenc offenc is connected with a political or an offenc offenc is inspired by the political motivation of the , provided that they take it into undertak due considerations, when evaluating the character of the offenc, any particularly serious aspects of the offenc, including: a. that it created a collective danger to the life, physical integrity or liberty of persons; or (b) that it affected persons. foreign to the motivation of behind it; or c. that cruel or vicious means have been used in the commission of the offenc. 2. Any State may wholly or partly withdraw a reservation it has made in accordanc with the foregoing paragraph 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. 3. A State which has made a reservation in accordanc with paragraph 1 of this article may not claim the application of article 1 by any other State; It may, however, if its reservation is partial or conditional, claim the application of that article in so far as it has itself accepted it. Article 14 Any Contracting State may denounc this Convention by means of a written notification addressed to the Secretary General of the Council of Europe. Any such denunciation shall take effect immediately or at such later date as may be specified in the notification. Article 15 this Convention cease to have effect in respect of any Contracting State which withdraw from or cease to be a member of the Council of Europe. Article 16 the Secretary General of the Council of Europe shall notify the member States of the Council of: a. any signature; (b) any deposit of an instrument of ratification, acceptance or approval; c. any date of entry into force of this Convention in accordanc with article 11 thereof; d. any declaration or notification received in pursuanc of the provision of article 12; (e) any reservation made in pursuanc of the provision of article 13, paragraph 1; f. the withdrawals of any reservation effected in pursuanc of the provision of article 13, paragraph 2; g. any notification received in pursuanc of article 14 and the date on which denunciation takes effect; h. any cessation of the effects of the Convention to article 15 pursuan. In witness whereof, the undersigned, being duly authorised the theret, have signed this Convention. Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritativ, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each of the signatory States.

European Convention on the prevention of terrorism this Convention signed in Member States of the Council of Europe, considering that the aim of the Council of Europe is to achieve greater unity between Member States; Recognizing that acts of terrorism going on in greater breadth gives concern; Wishing to take effective measures to prevent such acts of terrorism and by whom avoidance of judicial investigations and fines; Convinced that extradition of criminals is a particularly effective means by which to achieve this result, have agreed as follows: article 1 If the perpetrator from one Contracting State to issue the second Contracting State, none of the following offences are not considered political offences or for offences related to a political offence, or which are proposed for political motives: a. 16 December 1970 the Hague Convention for the unlawful seizure of aircraft for prevention of offences; b. 23 September 1971 Montreal Convention on the fight against unlawful acts that are against the security of civil aviation offences envisaged; (c) serious offences related to attacks against internationally protected persons, including diplomatic agents life, health or freedom; d. an offence related to the person, abduction, taking of hostages or illegal detention; e. offences that pose a threat to the people and are associated with bombs, grenades, rockets, automatic firearms or envelope inserted into the explosives or bombs hidden inside the application bundle; f. attempts to do any of the foregoing offences or participation as an accomplice of the person therein, which engages or attempts to engage in such offences. Article 2 1. If the perpetrator from one Contracting State to be extradited to the other Contracting State, the Contracting State may decide not to regard as a political offence or as an offence connected with a political offence or an offence as such, proposed by political motives, serious violent offences, other than those referred to in article 1 and which endangers life, limb or personal freedom. 2. The same shall apply to serious offences, other than those referred to in article 1 and are related to the illegal crackdown against property, if such action endangers more people. 3. The same applies to the attempt to carry out any of the above offences, or participate in as a person confidant that engages or attempts to engage in any such offence. Article 3 all with criminal extradition treaty and related agreements that are applicable between Contracting States, including the European Convention on extradition, the rules should be amended to the extent that they are consistent with this Convention. Article 4 the objective of this Convention is to include any offence mentioned in article 1 or article 2, but is not mentioned in any other Convention or the extradition treaty in force between Contracting States, as the offence for which the extradition threat. Article 5 nothing in this Convention shall be interpreted as implying an obligation to extradite if the requested State to issue a person has sufficient reasons to believe that the request to extradite him on one of the article 1 or article 2 offences referred to in filed in order to start a prosecution against that person, or to punish their race, religion, nationality or political opinion, or if the person's condition can be compromised any such reason. Article 6 1 each Contracting State shall take the measures necessary to establish its jurisdiction over any of the offences referred to in article 1, if you suspect the perpetrator is situated in its territory, but it did not succeed, although the Contracting State whose laws are based on the same rules of jurisdiction, there is equivalent legislation in the first State, submitted a request to the person concerned. 2. This Convention does not reject any criminal jurisdiction exercised in accordance with national legislation. Article 7 If found in the territory of a Contracting State of which the person suspected of any of the offences referred to in article 1, and it has received a request to extradite this person, in accordance with article 6, paragraph 1, of the rules, but that this person fails, this country, no exceptions, without delay and needless thing to submit to their competent authorities in order to initiate a judicial inquiry. These authorities shall be decided as if done a serious offence under their national legislation. 1. Article 8 the Contracting States in the area of criminal investigation shall provide each other with the widest possible mutual assistance due to lawsuits, proposed for article 1 or article 2 offences referred to. In all cases concerning mutual assistance in criminal matters is the law in force, which received the request for extradition. However, such assistance may not be refused on the grounds the show only that it concerns a political offence or as an offence connected with a political offence or an offence that the proposed political motives. 2. Nothing in this Convention shall be interpreted as meaning that it imposed on the obligation to provide mutual assistance if the country that received the request for extradition, which is an essential reason for believing that the request for mutual assistance in relation to article 1 or article 2 of the said offence is expressed with a view to initiating prosecution or punishment of a person of his race, religion, nationality or political opinion, or that that person's position may be in jeopardy due to any of the following reasons. 3. all rules contained in treaties and agreements relating to mutual assistance in criminal matters, the European Convention on mutual assistance in criminal matters, and is in force in a Contracting State, the Contracting States shall be amended accordingly so to bring them into line with this Convention. 1. Article 9 of the Council of Europe, European Committee of criminal investigation for solving problems should be kept informed about the application of this Convention. 2. It must do everything needed to help solve all difficulties in a friendly that could lead to its implementation. Article 10 all members of the 1 any dispute relating to the interpretation or application of this Convention which is not settled in accordance with paragraph 2 of article 9 principles, if requested by one of the parties to the dispute, be referred to arbitration. Each Party shall nominate one arbitrator and the two arbitrators shall nominate a referee. If, three months after the request to convene arbitration either party has not nominated its arbitrator, after her party nominated President of the European Court of human rights. If the President is a national of one of the countries involved in the dispute, his responsibilities to be carried out, the Court's Vice President, but, if the Vice-President is a national of one of the countries involved in the dispute, they must comply with the senior judges of the Court who is not a national of one of the countries involved in the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of judges. 2. The Tribunal shall be established for their own agenda. Decisions are taken by majority vote. The judgment is final. 11. Article 1 this Convention shall be open for signature by all Member States of the Council of Europe. It must be ratified, approved or accepted. Ratification, approval or acceptance of the supporting documents must be deposited with the Secretary-General of the Council of Europe. 2. this Convention shall enter into force three months after the ratification of the third submitted, approval or formal adoption. 3. in the case of signatory States, which would later be subject to ratification, acceptance or approval of this Convention, it shall enter into force three months after its ratification of the submitted, approval or formal adoption. 1. Article 12 each State signing or submitting storage ratification, approval or acceptance of the certificate, you can specify the territory or territories to which this Convention shall apply. 2. each the State, by keeping the ratification, approval or acceptance of the certificate, and later addressed to the Secretary General of the Council of Europe statement can point to any other territory or territories to which this Convention shall apply yet, and for whose international relations it is responsible or on whose behalf it is authorized to enter into commitments. 3. any communication submitted under both the above points for any area specified in the notice, may be undone by addressed to the Secretary General of the Council of Europe. Such application shall become effective immediately or on the date shown in the application. Article 13 each State signing or submitting storage ratification, approval or acceptance of the certificate, may declare that it reserves the right not to extradite a person for any of the offences referred to in article 1, it considers a political offence or as an offence connected with a political offence or as an offence, proposed by political motives, provided that the offence, it undertakes to respect all adequately particularly serious aspects of the offence including: a. that it threatened more person life, health or freedom; or b. that it affected persons who have not been known to cause offence; or (c) that, by making the crime used brutal or violent means. 2. Any State may wholly or partially withdraw in accordance with the preceding paragraph a reservation formulated by means of a notification addressed to the Secretary General of the Council of Europe, which shall enter into force on the day it is received. 3. the State which formulated the reservation in accordance with paragraph 1 of this article may not be made for another country to apply the provisions of article 1; However, if reservation is partial or it puts additional specific conditions, this country may bring proceedings in the other State for the application of this article in so far as the first country to have adopted it. Article 14 any Contracting State may denounce this Convention shall be submitted to the European Council a written application addressed to the Secretary-General. Each denonsējum shall take effect immediately or the application date. Article 15 this Convention shall cease to apply in respect of those Contracting States, which withdraws from the Council of Europe or its Member States cease to be. Article 16 the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe of: a. each signatory to this Convention; b. each ratification submitted to the storage, approval or acceptance of the identity document; c. any date when, in accordance with article 11 of this Convention, a State it takes effect; d. each statement or application received under the provisions of article 12; e. every reservation formulated in accordance with paragraph 1 of article 13; f. each withdrawal of the reservation in accordance with paragraph 2 of article 13; g. each application received under article 14 and the date when denonsējum enters into force; h. each case where, in accordance with article 15 of the Convention is no longer in effect. Stating the above, the undersigned, duly authorised to it and, have signed this Convention. Signed 1977 in Strasbourg on 27 January 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 signatory States.


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