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For The Council Of Europe Convention On Extradition And Its Additional Protocol And Second Additional Protocol

Original Language Title: Par Eiropas padomes konvenciju par izdošanu, tās papildu protokolu un otro papildu protokolu

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The Saeima has adopted and the President promulgated the following laws: On the Council of Europe Convention on extradition and its additional protocol and second additional protocol, article 1. 13 December 1957 the Council of Europe Convention No. 24 on extradition (hereinafter referred to as the Convention), its 15 October 1975 additional Protocol No. 86 (hereinafter Additional Protocol) and 17 March 1978 second additional Protocol No. 98 (hereinafter referred to as the second additional protocol) with this law is adopted and approved.
2. article. The law shall enter into force on the date of its promulgation. With the law put to the Convention and its additional protocol in English and their translation in Latvian language.
3. article. With regard to article 3 of the Convention and paragraph 4 that the Republic of Latvia in any case is entitled to decide the question of a political or military offence committed for extradition.
4. article. In accordance with article 6 of the Convention, to establish that the term "citizen" in the sense of the Convention refers to the Republic of Latvia citizens and non-citizens, which is the law "on the status of former USSR citizens who are not Latvian or other nationality".
5. article. With regard to article 12 of the Convention paragraph 1 to provide that requests for extradition are to be sent to the General Prosecutor's Office.
6. article. According to the second additional protocol, article 9 does not accept the fifth chapter of this Protocol.
7. article. The Convention, its Optional Protocol and second additional Protocol shall enter into force the Convention article 29, article 3 of the additional protocol and second additional protocol, article 6 and the period specified in the order, and shall notify the Ministry of Foreign Affairs Gazette "journal".
The Parliament adopted the law of 24 March 1997.
The President g. Ulmanis in Riga, the 1997 European Convention On 9 April the Governments of signatory heret Extraditon, being members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Considering that this purpose can be attained by the conclusion of agreements and by common action in legal matters;
Considering that the acceptance of uniform rules with regards to extradition is likely to assist this work of unification, have agreed as follows: article 1 — Obligation to extradit the Contracting Parties to surrender their each others undertak, subject to the conditions laid down and provision in this Convention, all persons against whom the competent authorities of the requesting Party to the proceedings for an offenc or who are wanted by the said authorities for the carrying out of a line or detention orders.
Article 2 — the Extraditabl of Extradition shall be 1 offenc granted in respect of the punishabl of the offenc under the law of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more sever a penalty. Where a line of convictions and prison have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months.
2. If the request for extradition includes several separate each of the offenc which is punishabl is under the law of the requesting Party and the requested Party by deprivation of liberty or under a detention order, but of which some do not fulfil the condition with regards to the amount of punishment which may be awarded, the requested Party shall also have the right to grant extradition for the latter offenc.
3. Any Contracting Party whose law does not allow extradition for certain of the offenc referred to in the paragraph 1 of this article may, in so far as it is concerned, exclude from the application of the offenc such of this Convention.
4. Any Contracting Party which wishes to availa ... itself of the right provided for in paragraph 3 of this article shall, at the time of deposit of its instrument of ratification or accession, transmit to the Secretary General of the Council of Europe either (a) a list of the offenc for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicates the legal provision which will allow or exclude extradition. The Secretary General of the Council shall forward these lists to the other signator.
5. If extradition is subsequently excluded in respect of others by the offenc law of a Contracting Party, that Party shall notify the Secretary General. The Secretary General shall inform the other signator. Such notification shall not take effect until three months from the date of its receipt by the Secretary General.
6. Any Party which itself is availa ... of the right provided for in paragraph 4 or 5 of this article may at any time apply this Convention of the offenc which have been excluded from it. It shall notify to the Secretary General of the Council of such changes, and the Secretary General shall inform the other signator.
7. Any Party may apply reciprocity in respect of any of the offenc excluded from the application of the Convention under this article.
Article 3-1 of the offenc. Extradition shall Political not be granted if the offenc in respect of which it is requested is regarded by the requested Party as a political or as an offenc offenc is connected with a political offenc.
2. The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offenc» 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 taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offenc for the purpose of this Convention.
4. This article shall not be affec any obligation in which the Contracting Parties may have undertaken or may under any other international convention of undertak of multilaterals, a character.
Article 4 — Military of Extradition for the offenc offenc under military law which are not under the ordinary criminal law of the offenc is excluded from the application of this Convention.
Article 5 — Extradition shall be granted of the offenc Reinforced, in accordanc with the provision of this Convention, in connection with tax for offenc, duties, customs and Exchange only if the Contracting Parties have so decided in respect of any such offenc or category of the offenc.
Article 6: Extradition of nationals 1. (a) A Contracting Party shall) have the right to the extradition of its national refus.
(b) Each Contracting Party may, by) a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term "at the nationals within the meaning of this Convention.
(c)) shall be determined as the Nationality at the time of the decision concerning extradition. If, however, the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender, the requested Party may availa ... itself of the provision in subparagraph (a) of the led article.
2. If the requested Party does not, in the national extradit it shall at the request of the requesting Party submit the case to its competent authorities in order that the proceedings may be taken if they are considered appropriate. For this purpose, the files, information and relating it to the exhibit of the offenc shall be transmitted without charge by the means provided for in article 12, paragraph 1. The requesting Party shall be informed of the result of its request.
Article 7: the place of the commission 1. The requested Party may extradit refus to a person for an offenc is claimed which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory.
2. When the offenc for which extradition is requested has been committed outside the territory of the requesting Party, extradition may only be refused if the law of the requested Party does not allow prosecution for the same category of the offenc when committed outside the latter Party's territory or does not allow extradition for the offenc is concerned.
Article 8 — Pending proceedings for the same the requested Party may offenc refus to extradit the person claimed if the competent authorities of such Party to the proceedings against him in respect of the offenc or for which extradition is requested offenc.
Article 9 Non bis in idem — Extradition shall not be granted if final judgement has been passed by the competent authorities of the requested the Party upon the person claimed in respect of the offenc or for which extradition is requested offenc. Extradition may be refused if the competent authorities of the requested the Party have decided either not to Institute or to terminate proceedings in respect of the same or of the offenc offenc.
Article 10: the Fox of time Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested Party, become immun by reason of lapse of time from prosecution or punishment.
Article 11 — Capital punishment If the extradition is requested offenc for which is punishabl by death under the law of the requesting Party, and if in respect of such offenc the death-penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party to give such assurance as the requested Party will consider sufficient the to that the death-penalty will not be carried out.
Article 12 — the request and supporting documents 1. The request shall be in writing and shall be communicated through the diplomatic channel. Other means of communication may be arranged by direct agreement between two or more parties.
2. The request shall be supported by:

(a) the original or an authenticated ") copy of the convictions and detention orders or line immediately or enforceabl of the warrant of arrest or other order having the same effect and issued in accordanc with the procedure put down in the law of the requesting Party;
(b)) (a) statement of the offenc for which extradition is requested. The time and place of their commission, their legal description and a reference to the relevant legal provision shall be set out in as accurately as possible; and (c) a copy of) the relevant enactment or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.
Article 13 — Supplementary information If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in the pursuanc of this Convention, the latter Party shall request the cessary supplementary information and may fix a time-limit for the receipt thereof.
Article 14 — rule of speciality 1. A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a detention order or line for any committed prior to his surrender of the offenc other than that for which he was extradited, nor shall he for any other reason be restricted in his personal freedom , except in the following cases: (a)) when the Party which surrendered him consent. (A) the request for consent shall be submitted, accompanied by the the documents mentioned in article 12 and a legal record of any statement made by the extradited person in respect of the offenc is concerned. The consent shall be given when the offenc for which it is requested is itself subject to extradition in accordanc with the provision of this Convention;
(b) when the person, having) had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it. The requesting Party may, however, take any measure not to remove the cessary person from its territory, or any measure not under its law, including cessary proceedings by default, to prevent any legal effects of lapse of time.
3. When the description of the offenc is charged is altered in the course of proceedings, the person extradited shall only be proceeded against or sentenced in so far as the offenc is under its new description is shown by its mobility scooters it item-which would be an offenc allow extradition.
Article 15 — Re-extradition to a third State Except as provided for in article 14, paragraph 1 (b), the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of the offenc committed before his surrender. The requested Party may request the production of the documents mentioned in article 12, paragraph 2 article 16 — Provisional arrest 1. In case of urgency, the competent authorities of the requesting Party may request the the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the the matter in accordanc with it law.
2. The request for provisional arrest shall state that one of the documents mentioned in article 12, paragraph 2 a, exists and that it is intended to send a request for extradition. It shall also state for what will be requested extradition of the offenc and when and where such offenc was committed and shall so far as possible give a description of the person sought.
3. A request for provisional arrest shall be sent to the competent authorities of the requested the Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request.
4. Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in article 12 shall not, in any event It, 12 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measure of which it does not consider the cessary prevent the escape of the person sought.
5. Release shall not prejudice re-arrest and extradition if a request for extradition is subsequently received.
Article 17 — Conflicting requests If extradition is requested concurrently by more than one State, either for the same or for a different offenc offenc, the requested Party shall make its decision having regard to all the circumstanc and especially the relative seriousnes and place of commission of the offenc, the data of the respectiv of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State.
Article 18: the Surrender of the person to be extradited 1. The requested Party shall inform the requesting Party by the means mentioned in article 12, paragraph 1, of its decision with regard to the extradition.
2. Reasons shall be given for any complete or partial rejection.
3. If the request is agreed to, the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender.
4. Subject to the provision of paragraph 5 of this article, if the person claimed has not been taken over on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. The requested Party may extradit him refus to for the same of the offenc.
5. If it's beyond control circumstanc prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two parties shall agree a new date for surrender and the provision of paragraph 4 of this article shall apply.
Article 19 Postponed or conditional surrender — 1. The requested Party may, after making its decision on the request for extradition, postpon the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has already been convicted, in order that he may serve his line in the territory of that Party for an offenc other than that for which extradition is requested.
2. The requested Party may, instead of postponing surrender, surrender the person claimed it OK the requesting Party in accordanc with conditions to be determined by mutual agreement between the parties.
Article 20: the Handing over of property 1. The requested Party shall, in so far as its laws permit and at the request of the requesting Party, seize and hand over property which: (a)) may be required as evidence, or (b)) which has been acquired as a result of the offenc and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently.
2. The property mentioned in paragraph 1 of this article shall be handed over even if extradition, having been agreed, it cannot be carried out Owings to the death or escape of the person claimed.
3. When the said property is the chicken pox vaccine and liabl or confiscation in the territory of the requested Party, the latter may, in connection with pending criminal proceedings, retain it OK or hand it over on condition that it is returned.
4. Any rights which the requested Party or third parties may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial.
Article 21 — transit 1. Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in article 12, paragraph 1, provided that the Office concerned is not considered offenc by the Party requested to grant transit as an offenc of a political or purely military character having regard to articles 3 and 4 of this Convention.
2. the transit of a national, within the meaning of article 6, of a country requested to grant transit may be refused.
3. Subject to the provision of paragraph 4 of this article, it shall not be the cessary product the documents mentioned in article 12, paragraph 2 4. If air transport is used, the following provision shall apply to: (a) when it is not intended to) land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in article 12 2. (a), paragraph exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in article 16, and the requesting Party shall submit a formal request for transit;
(b) when it is intended to land), the requesting Party shall submit a formal request for transit.
5. A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied.
6. The transit of the person extradited shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion.
Article 22: the procedure Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party.
Article 23 — language to be used

The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it of article 24 — Expense-. 1. the Expense incurred in the territory of the requested Party by reason of extradition shall be borne by that Party.
2. the Expense incurred by reason of the transit through the territory of a Party requested to grant transit shall be borne by the requesting Party.
3. In the event of extradition from a non-metropolitan territory of the requested Party, the expense occasioned by the travel between that territory and the metropolitan territory of the requesting Party shall be borne by the latter. The same rule shall apply to the expense occasioned by travel between the non-metropolitan territory of the requested Party and its metropolitan territory.
Article 25 — Definition of "detention order" For the purpose of this Convention, the expression "detention order" means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison line.
Article 26:1. Any Contracting Party reservations may, when signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or a provision of the Convention.
2. Any Contracting Party which has made a reservation shall withdraw it as soon as circumstanc's permit. Such withdrawals shall be made by notification to the Secretary General of the Council of Europe.
3. A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision.
Article 27 Territorial application: 1. This Convention shall apply to the metropolitan territories of the Contracting Parties.
2. In respect of France, it shall also apply to Algeria and to the overseas departments and, in respect of the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and to the Isle of Man.
3. The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary General of the Council of Europe, who shall notify the other parties of such declaration.
4. By direct through the between two or more Contracting Parties, the application of this Convention may be extended, subject to the condition laid down in the territory of any of them through to such parties, other than the Territories mentioned in paragraphs 1, 2 and 3 of this article, for whose international relations any such Party is responsible.
Article 28: the relations between this Convention and bilateral agreements 1. This Convention shall, in respect of those countries to which it applies, the provision of supersed any treats, convention or bilateral agreements between each extradition any two Contracting Parties.
2. The Contracting Parties may conclud between themselves bilateral or partnership agreements in order to multilaterals only supplement the provision of this Convention or to the applications facilitat of the principles therein led.
3. Where, as between two or more Contracting Parties, extradition takes place on the basis of a uniform law, the Parties shall be free to their mutual relations of the regulat in respect of extradition exclusively in accordanc with such a system notwithstanding the provision of this Convention. The same principle shall apply as of the between two or more Contracting Parties each of which has in force a law providing for the execution in its territory of warrants of arrest issued in the territory of the other Party or parties. Contracting Parties which exclude or may in the future to exclude the application of this Convention as between themselves in accordanc with this paragraph shall notify the Secretary General of the Council of Europe accordingly. The Secretary General shall inform the other Contracting Parties of any notification received in accordanc with this paragraph.
Article 29-signature, ratification and entry into force 1 this Convention shall be open. the signature by the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary General of the Council.
2. The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification.
3. any signatory ratifying subsequently As regards the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification.
Article 30 – Accession 1. The Committee of Minister of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation receive a unanimous in the agreement of the members of the Council who have ratified the Convention.
2. Accession shall be by deposit with the Secretary General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit.
Article 31 – Denunciation Any Contracting Party may denounc this Convention in so far as it is concerned by giving notice to the Secretary General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary General of the Council received such notification.
Article 32 — notifications the Secretary General of the Council of Europe shall notify the members of the Council and the Government of any State which has acceded to this Convention of: a) the deposit of any instrument of ratification or accession;
(b) the date of entry) into force of this Convention;
(c) any declaration made in accordanc) with the provision of article 6, paragraph 1, and of article 21, paragraph 5;
d) any reservation made in accordanc with article 26, paragraph 1;
(e) the attention of any reservation) in accordanc with article 26, paragraph 2;
(f) any notification of denunciation received in) in accordanc with the provision of article 31 and by the date on which such denunciation will take effect.
In witness whereof the undersigned, being duly authorised, have signed theret this Convention.
Done at Paris, this 13th day of December 1957, in English and French, both texts being equally authentic, 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 the signatory Governments.
Additional Protocol To the European Convention On the Extraditon members States of the Council of Europe, signatory to this Protocol, Having regards to the provision of the European Convention on Extradition opened for signature in Paris on 13 December 1957 (hereinafter referred to as "the Convention") and in particular articles 3 and 9 thereof;
Considering that it is desirabl to supplement these articles with a view to strengthening the protection of humanity and of the individual, have agreed as follows: Chapter I article 1 For the application of article 3 of the Convention, shall not be considered political offenc of it include the following: a) the crimes against humanity specified in the Convention on the Prevention and punishment of the crime of the adopted on 9 December 1948 Genocid by the General Assembly of the United Nations;
(b) the violation of specified in) Article 50 of the 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed forces in the Field, article 51 of the 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed forces at sea, article 130 of the 1949 Geneva Convention relative to the treatment of Prisoner of War and article 147 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in time of War;
(c) any violation of a comparabl) of the law of war having effect at the time when this Protocol enter into force and of the customs of war existing at that time, which are not already provided for in the above-mentioned provision of the Geneva Convention.
Chapter II article 2 article 9 of the Convention shall be supplemented by the following text, the original article 9 of the Convention becoming paragraph 1 and the under-mentioned provision becoming paragraphs 2, 3 and 4: "2. The extradition of a person against whom a final judgement has been rendered in a third State, Contracting Party to the Convention, for the offenc or offenc in respect of which the claim was made, shall not be granted: (a)) if the afors-judgement resulted in his acquittal mentioned;
(b)) if the term of imprisonmen or other measure to which he was sentenced: i) has been completely enforced;
II) has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty;
c) if the Court convicted the offender without imposing a sanction.
3. However, in the cases referred to in paragraph 2 may be granted: (a) the extradition if the offenc) in respect of which a judgement has been rendered was committed against a person, an institution or any thing having public status in the requesting State;
(b) if the person on whom) judgement was passed had himself a public status in the requesting State;
(c) if the offenc) in respect of which judgement was passed was committed completely or partly in the territory of the requesting State or in a place treated as its territory.
4. The provision of paragraphs 2 and 3 shall not prevent the application of wider domestic provision relating to it the effect of ne bis in idem attached to foreign criminal judgment. "
Chapter II article 3 1 shall be open. this Protocol to signature by the member States of the Council of Europe which have signed the Convention. 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 Protocol shall enter into force 90 days 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 Protocol shall enter into force 90 days after the date of the deposit of its instrument of ratification, acceptance or approval.
4. (A) member State of the Council of Europe may not ratify.â, accept or approve this Protocol without having, simultaneously or previously, ratified the Convention.
Article 4 1. Any State which has acceded to the Convention may accede to this Protocol after the Protocol has entered into force.
2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect 90 days after the date of its deposit.
Article 5 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, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Protocol 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 preceeding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure let down in article 8 of this Protocol.
Article 6 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it does not accept one or the other of the Chapter I or (II) Any Contracting Party 2 may withdraw a declaration 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. the reservation may be made to the provision of this Protocol.
Article 7 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 not edful it a friendly settlement facilitat of any difficulty which may «arise out of its execution.
Article 8 1. Any Contracting 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 take effect six months after the date of receipt by the Secretary General of such notification.
3. Denunciation of the Convention automatically entail denunciation of this Protocol.
Article 9 the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the Convention of: a any signature;)
b any deposit of an instrument) of ratification, acceptance, approval or accession;
(c) any date of entry) into force of this Protocol in accordanc with article 3 thereof;
(d) any declaration received in pursuanc) of the provision of article 5 and any withdrawals of such a declaration;
any declaration made in e) pursuanc of the provision of article 6, paragraph 1;
(f) withdrawals of any declarations) the carried out in pursuanc of the provision of article 6, paragraph 2;
(g) any notification received in pursuanc) of the provision of article 7 and the date on which denunciation takes effect.
In witness whereof, the undersigned, being duly authorised the theret, have signed this Protocol.
Done at Strasbourg, this 15th day of October 1975, in English and 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 it each of the signatory and acceding States.
Second Additional Protocol To the European Convention On Extradition the member States of the Council of Europe, signatory to this Protocol, facilitating the application of Desiro of the European Convention on Extradition opened for signature in Paris on 13 December 1977 (hereinafter referred to as "the Convention") in the field of fiscal offenc;
Considering it also desirabl to supplement the Convention in certain others respect, have agreed as follows: Chapter I article 1 Paragraph 2 of article 2 of the Convention shall be supplemented by the following provision: "this right shall also apply to the subject of the offenc which only to pecuniary sanctions."
Chapter II, article 2, article 5 of the Convention shall be replaced by the following provision: "1. For Explicit offenc offenc in connection with taxes, duties, customs and Exchange extradition shall take place between the Contracting Parties in accordanc with the provision of the Convention if the offenc, under the law of the requested Party, correspond to an offenc of the same nature.
2. Extradition may not be refused on the ground that the law of the requested Party does not impost is the same kind of tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the requesting Party. "
Chapter III, article 3 of the Convention shall be supplemented by the following provision: "a Judgment in absentia 1. When a Contracting Party from another Contracting Party requests the extradition of a person for the purpose of carrying out the detention order imposed a line or by a decision rendered against him in absentia, the requested Party may extradit refus to for this purpose if in its opinion, the proceedings leading to the judgement did not satisfy the minimum rights of defence recognised as due to everyone charged with criminal offenc. However, extradition shall be granted if the requesting Party give an assurance considered sufficient for it to guarantee it the person claimed the right to a retrial which safeguards the rights of the defence. This decision will the authoris requesting Party either to enforce the judgement in question if the convicted person does not make an opposition or, if he does, to take proceedings against the person extradited.
2. When the requested Party shall notify the person whose extradition has been requested of the judgement rendered against him in absentia, the requesting Party shall not regard this communication as a formal notification for the purpose of the criminal procedure in that State ".
Chapter IV, article 4 of the Convention shall be supplemented by the following provision: "Amnesty Extradition shall not be granted for an offenc in respect of which an amnesty has been declared in the requested State and which that State had competence to the prosecut under its own criminal law."
Chapter V, article 5 Paragraph 1 of article 12 of the Convention shall be replaced by the following provision: "the request shall be in writing and shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party; However, the use of the diplomatic channel is not excluded. Other means of communication may be arranged by direct agreement between two or more parties. "
Chapter VI article 6 1 shall be open. this Protocol to signature by the member States of the Council of Europe which have signed the Convention. 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 Protocol shall enter into force 90 days 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 Protocol shall enter into force 90 days after the date of the deposit of its instrument of ratification, acceptance or approval.
4. (A) member State of the Council of Europe may not ratify.â, accept or approve this Protocol without having, simultaneously or previously, ratified the Convention.
Article 7 1. Any State which has acceded to the Convention may accede to this Protocol after the Protocol has entered into force.
2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect 90 days after the date of its deposit.
Article 8 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, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Protocol 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 six months after the date of receipt by the Secretary General of the Council of Europe of the notification.
Article 9 1. Reservations made by a State to a provision of the Convention shall be applicable also 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.
2. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserve the right to: (a)) not to accept Chapter I;

(b)) not to accept Chapter II, or to accept it only in respect of certain categories of the offenc or certain of the offenc referred to in of article 2;
(c)) not to accept Chapter II, or to accept only paragraph 1 of article 3;
(d)) not to accept Chapter IV; e) not to accept Chapter V. 3. Any Contracting Party may 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.
4. A Contracting Party which has applied to this Protocol a reservation made in respect of a provision of the Convention or which has made a reservation in respect of a provision of this Protocol may not claim the application of that provision by another Contracting Party; It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. 5. other reservations may be made to the provision of this Protocol.
Article 10 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 not edful it a friendly settlement facilitat of any difficulty which may «arise out of its execution.
Article 11 1. Any Contracting 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 take effect six months after the date of receipt by the Secretary General of such notification.
3. Denunciation of the Convention automatically entail denunciation of this Protocol.
Article 12 the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the Convention of: a any signature) of this Protocol;
b any deposit of an instrument) of ratification, acceptance, approval or accession;
(c) any date of entry) into force of this Protocol in accordanc with articles 6 and 7;
(d) any declaration received in pursuanc) of the provision of paragraphs 2 and 3 of article 8;
(e) any declaration received in pursuanc) of the provision of paragraph 1 of article 9;
f) any reservation made in pursuanc of the provision of paragraph 2 of article 9;
(g) the attention of any reservation) carried out in pursuanc of the provision of paragraph 3 of article 9;
(h) any notification received in pursuanc) of the provision of article 11 and the date on which denunciation takes effect.
In witness whereof the undersigned, being duly authorised, have signed theret this Protocol.
Done at Strasbourg, this 17th day of March 1978, 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 it each of the signatory and acceding States.
The Council of Europe Convention on extradition of the Council of Europe, the Governments of the Member States which have signed this Convention, considering that the aim of the Council of Europe is to achieve greater unity between Member States, believing that the achievement of this objective can facilitate the conclusion of contracts and the single action legal issues, believing that the adoption of uniform rules on extradition will promote unity between the Member States, have agreed to: 1. the article. Obligation to issue the Contracting Parties in accordance with the provisions set out in this Convention and conditions undertake to pass each other all persons in respect of which the Requesting Party to the competent authorities have initiated proceedings in respect of an offence or in relation to which the authorities wish to execute a conviction or arrest warrant.
2. article. Offences in connection with which extradition may apply 1. Extradition is permissible in connection with the offences, which according to the requesting party and the requested Party legislation are punishable by deprivation of liberty or under arrest warrant for a period of not less than one year or by a more severe penalty. If the sentencing and imprisonment sentences has been carried out or the arrest warrant issued in the territory of the requesting party, the punishment awarded must not be less than four months.
2. If the request for extradition includes several separate offences and each of them according to the requesting party and the requested Party legislation are punishable by deprivation of liberty or under arrest warrant, but some of these offences do not conform to the condition of the potential punishment, the requested Party shall however have the right to also issue in connection with such offences.
3. any Contracting Party whose law does not permit extradition in connection with certain paragraph 1 of this article, the offences referred to in so far as this may be, for that Contracting Party to apply, the following offences excluded from the scope of this Convention.
4. Each Contracting Party which wishes to use in paragraph 3 of this article the said rights, together with the instrument of ratification or accession are to be transmitted to the Secretary-General of the Council of Europe, either the list of offences in connection with which extradition may apply, or the list of offences in connection with which extradition is not permitted, and specifying the rules that allow or do not allow extradition. The Secretary-General of the Council of Europe to send these lists to the other countries which have signed this Convention.
5. If later in accordance with the legislation of the Contracting Party of issue in connection with other offences are prohibited, that party must notify the Secretary-General. The Secretary-General will inform the other States which have signed this Convention. This declaration shall enter into force three months after its receipt by the Secretary General.
6. Any Contracting Party which used 4 and 5 of this article, the rights referred to in paragraph may at any time apply this Convention with respect to offences which have been excluded from it. The following amendments are required to inform the Secretary General of the Council of Europe, which will inform the other States which have signed this Convention.
7. Any party may apply the principle of reciprocity in relation to any offences excluded from the scope of application of the Convention under this article.
3. article. 1. Extradition for political offences is not permissible, if the requested party to the offence in respect of which the request was issued, regarded as a political offence or offences connected with political offences.
2. The same rules apply, if the requested Party has reasonable grounds for believing that a request for extradition relating to ordinary criminal, is associated with the target to initiate prosecution or punishment of a person due to its race, religion, nationality or political opinion or that the rights of the person concerned may be in violation of the above reasons.
3. Life imprisonment or attempt to take away the life of a head of State or his family members within the meaning of this Convention should not be regarded as a political offence.
4. This article shall not affect any obligations which the Contracting Parties have undertaken or may undertake under any other multilateral international conventions.
4. article. Military offences under this Convention shall not apply to the extradition context with military offences, which are not considered offences under the general criminal law.
5. article. Financial offences Issued in connection with offences relating to taxes, duties, customs and exchange operations in accordance with the provisions of this Convention shall be permissible only if the Contracting Parties so decided in respect of any such offence or category of offences.
6. article. 1. extradition of nationals (a) a Contracting Party may refuse to surrender their own nationals.
(b) each Contracting Party shall simultaneously with the signing or ratification of or accession to submit a statement, insofar as it applies to that Contracting Party, defines the term "citizen" within the meaning of this Convention.
(c) citizenship is to be what it was at the time the decision on extradition. However, where the requested person during the period between the decision and the intended transfer of the moment is recognized as a national of the requested Party, the requested Party may use the "a" section of this article provides for rights.
2. If the requested Party does not issue its citizen it after the requesting party, the case should be referred to their competent authorities for the purposes of procedural acts, if deemed necessary. To this end, using Article 12, paragraph 1 of the funds, must be sent free of charge with a crime-related information and items of evidence. The requesting Party shall be informed of the results of the request.
7. article. Place of offence 1. The requested Party may refuse to extradite a person who is sought in connection with the offence, in accordance with the legislation of the party, considered in whole or in part in its territory or in a place which is considered to be its territory.
2. If the offence in respect of which extradition is sought, the applicant made outside the party, extradition may be refused only if the legislation of the requested Party does not permit prosecution for such categories of offence committed outside its territory, or does not allow extradition for such offences.

8. article. Procedural actions relating to the same offence in the requested Party may refuse to issue the requested Party, if that party's competent authorities as regards the procedural actions taken relating to the offence or offences in connection with which extradition is requested.
9. article. Non bis in idem is not allowed, unless the Issue of the requested Party, the competent authorities in respect of the offence or offences in connection with which extradition is sought is declared the final judgment of the person whose extradition is sought. Extradition may be refused if the requested Party, the competent authorities have decided either not to open or to terminate proceedings in respect of the same offence or offences.
10. article. Expiry of the Extradition is not permissible, if the requested person either under the requesting party or in accordance with legislation of the requested party's laws can no longer be subject to prosecution or punishment of a sunset.
11. article. The death penalty If the requesting party's legislation on the offence in respect of which extradition is requested, and if the death penalty for such an offence in the requested party's legislation does not provide for the death penalty or it is not normally executed, extradition may be refused unless the requesting party gives such assurances that the death penalty will not be executed as the requested Party considers sufficient.
12. article. The request and the documents 1. a request shall be submitted in writing to the through diplomatic channels. Other submission types may provide direct two or more of the parties to the agreements.
2. the request must be accompanied by: (a) the conviction or judgment) immediately executable attachment order or decision on remand, or equivalent legal force and in accordance with the legislation of the requesting party procedures issued another decision of the original or a certified true copy;
(b) a description of the offence) in connection with which extradition is requested, indicating as precisely as possible to the time and place of legal qualifications and references to the applicable law, and (c)) in rules applicable copies or, if this is not possible, the applicable law and as precise as possible description of the requested person, as well as any other information that would help determine its identity and citizenship.
13. article. Additional information If the information submitted by the requesting party is found to be insufficient to allow the requested Party pursuant to this Convention shall take a decision, the requested Party shall request the necessary supplementary information and may fix a time limit for the submission of this information.
14. article. Special rules 1. for a person should not be issued to carry out procedural acts, shall not be punished or arrested with the aim to execute a conviction or arrest warrant for any other transfer of this person made before the offence in respect of which it was issued, nor to restrict the personal freedom of any other reason, except in the following cases: (a)) when the party made, the persons concerned agree. Request for consent must be submitted, by adding article 12 and any documents referred to in the context of the offence the person issued the notice provided the legal concept. Consent shall be given when the offence for which it is requested, itself picking may be applied in accordance with the provisions of this Convention;
(b)) when a person has had an opportunity to leave the territory of the party to which the person is transferred, but this feature is not used by 45 days after the release of their full or after leaving this area has returned to it.
2. the requesting party may, however, take any necessary measures to expel the person concerned from their territories, or in any other legislative measures envisaged also in default of procedural acts, to prevent any termination of legal consequences.
3. If the process is amended the legal qualification of the offence for which the person is charged, in the case of persons issued can perform procedural actions or punish them only to the extent that an offence under the new qualifications after its composition the key elements be considered offences in respect of which extradition may apply.
15. article. Next, the issue of third country except article 14 paragraph 1 specified in paragraph "b" of the cases, the requesting party may not, without the consent of the requested Party, the other party or third country person who has been surrendered to the requesting party and looking for that other party or a third country, due to the transfer of that person before the offences. The requested Party may request presentation of article 12 (2) the documents referred to.
16. article. Provisional arrest 1. in urgent cases the requesting party to the competent authorities may request the provisional arrest of the person sought. The Parties requested the competent authorities to decide the matter in accordance with its legislation.
2. The request for provisional arrest must specify that one of the article 12, paragraph 2 of the documents and that is intended to send a request for extradition. Must also specify the offence in connection with which extradition will be sought, when and where the offence was committed, and, as far as possible, be given a description of the person sought.
3. The request for provisional arrest shall be sent to the receiving party at the request of the competent authorities either through diplomatic channels or directly by mail or telegram, or through the international criminal police organisation (Interpol) or through any other means that provides proof of a written assignment or acceptable to the requested Party. The requesting authority shall be informed immediately of the outcome of that request.
4. Provisional arrest may be terminated if the requested Party 18 days after the arrest request for extradition has not been received and documents referred to in article 12. In no case shall the temporary arrest may not last more than 40 days from the moment of arrest. It is possible at any time, but the conditional release of the requested Party shall take all measures it considers necessary to prevent the escape of the person sought.
5. the exemption shall not preclude repeated arrest and extradition if the request for extradition is received later.
Article 17. Controversial requests if the issue either for the same offence or for different offences at the same time ask for more than one country, the requested Party is to decide in the light of all the circumstances, especially the relative seriousness of the offences and the site, the date of the request, the nationality of the requested person and the possibility of their later issue another country.
18. article. The transfer of the person to be picked 1. the requested Party, through article 12 paragraph 1 of the above features, you must inform the requesting Party of its decision on the issue.
2. You must cite any total or partial refusal.
3. If the request agrees, the requesting party must be informed of the place and the date of the transfer, as well as on the period of time when the requested person has been arrested for the purpose of this issue.
4. Subject to the provisions of paragraph 5, where the requested person has not been taken over by a specific date, it may be released after the expiry of 15 days. In any case, it is to be released after the expiry of 30 days. The requested Party may refuse to extradite that person for the same offence.
5. If a party from its independent reasons can not pass or take the person to be issued, it shall inform the other party. The parties should agree on a new surrender date and apply paragraph 4 of this article.
19. article. Transfer the suspension or transfer of conditional 1. after adoption of the decision in connection with the request for extradition, the requested Party may postpone the surrender of the requested person in order to be able to carry out procedural acts or, if the person has already been convicted — before you can run it the penalty imposed in the territory of the other party, rather than on it, due to which the extradition is requested.
2. the requested Party may also not postpone the extradition, but according to the mutual agreement of the parties to surrender the requested person to the requesting party at the time.
20. article. 1. Transfer of the requested Party, in accordance with the legislation of the requesting party and has to be removed and must be served on the property which: (a)) may be required as evidence;
(b)) was obtained as a result of the offence and at the time of the arrest was in possession of the requested person or is discovered subsequently.
2. the property referred to in paragraph 1 is to be served, even if the extradition has to agree, but it cannot be implemented due to the requested person's death or escape.
3. If the property is subject to a removal or seizure of the requested Party, that party may, in accordance with the ongoing criminal proceedings, temporarily retain it or put on the condition that it be returned.
4. any rights are protected by the requested Party has gained or third parties have acquired in respect of the property. If the following rights on the property as soon as possible after the trial free of charge is returned to the requested Party.
21. article. Transit

1. the contracting party must permit the transit through its territory, if article 12, paragraph 1, in accordance with the procedures specified in the request and submitted if the party which has received a request to allow the transit of certain offences are not considered political or purely military offences in accordance with this Convention, article 3 and 4.
2. the party which has received a request to allow the transit may be refused where the request is asked its nationals in transit within the meaning of article 6.
3. Subject to the provisions of paragraph 4, it is necessary to present paragraph 2 of article 12 of the mentioned documents.
4. Using the air transport, must adhere to the following rules: (a)) if not provided, the requesting party must inform the party over which areas will occur in flight, and must certify that one of article 12, paragraph 2, referred to "a". An unexpected landing in case such notice has the same effect as a request to make a provisional arrest procedures laid down in article 16 and the requesting party must submit a formal request to allow the transit;
(b)) if it is intended to land, the requesting party must submit a formal request to allow the transit.
5. a party may, however, in signing this Convention or of ratification or accession, declare that it will allow the transit of persons with only some or all of the conditions under which it takes issue. In this case, you can apply the principle of reciprocity.
6. The transit of persons must not be made through any of the areas for which there are reasonable grounds for believing that the person's life or freedom may be endangered due to its race, religion, nationality or political opinion.
22. article. Procedure except where this Convention provides otherwise, the discharge procedure and provisional arrest be governed solely by the law of the requested Party.
23. article. The language of the documents should be the requesting party or requested Party. The requested Party may require a translation in one of the official languages of the Council of Europe of their choice.
24. article. 1. Expenditure, the requested Party shall bear the costs associated with issuing from its territory.
2. the requesting Party shall bear the expenses incurred in connection with the transit of persons through the territory of the party, which sought to allow transit.
3. If the extradition takes place from the territory of the requested Party, not the metropolitan area, the requesting party must bear the expenses relating to the road from the site of the requesting party to the metropolitan area. This same rule applies to expenses related to the path of its territory, not the requested Party, to the metropolitan area this side of the metropolitan area.
25. article. The concept of "arrest warrant" an explanation of the meaning of this Convention, the expression "arrest warrant" shall mean any custodial orders issued by the Criminal Court in addition to the prison sentence, or instead.
26. article. Reservations 1. Any Contracting Party when signing this Convention or depositing its instrument of ratification or accession in may make a reservation in respect of any of the provisions of this Convention or the regulations.
2. Any Contracting Party which has made a reservation, it shall be withdrawn as soon as circumstances permit. Such withdrawal takes place, by appropriate notification to the Secretary-General of the Council of Europe.
3. the Contracting Party which has made a reservation in respect of any of the provisions of this Convention, may not be required to comply with the other Contracting Party, except in so far as it has itself accepted the provision.
27. article. Territorial application 1 this Convention shall apply to the metropolitan territory of the Contracting Parties.
2. in the case of France, it is applicable also to Algeria and the overseas departments as regards the United Kingdom of Great Britain and Northern Ireland, it is applicable to the Channel Islands and the Isle of man.
3. The Federal Republic of Germany may extend the application of this Convention in respect of the Berlin land, submit a notification to this effect to the Secretary General of the Council of Europe, who shall inform the other Party about it.
4. in accordance with two or more Contracting Parties to the Convention of direct agreement may apply to any other of these parties, which are not listed in paragraph 1, points 2 and 3 and which the party concerned is responsible for international relations.
28. article. Relationship between this Convention and bilateral agreements 1. for those countries where the Convention is applicable, it has greater legal force than any issue related to bilateral treaties, conventions or agreements concluded by any two Contracting Parties.
2. the Contracting Parties may conclude bilateral or multilateral agreements only to supplement the provisions of this Convention or to facilitate the implementation of the principles contained therein.
3. If between two or more Contracting Parties issue is implemented on the basis of uniform legislation, these parties are free to organize their mutual relations associated with the issue only in accordance with the system, having regard to the provisions of this Convention. The same principle applies to the relationship between two or more Contracting Parties whose legislation provides for the other party or in the territory of other parties to issue a decision on the application for detention in its territory. Contracting Parties in accordance with this paragraph is ruled out or ruled in the future application of this Convention in order for it to be communicated to the Secretary-General of the Council of Europe. The Secretary-General shall inform the other Contracting Parties of any received under this paragraph.
29. article. The signing, ratification and entry into force 1 this Convention shall be open for signature the Member States of the Council of Europe. It is necessary to ratify. The instruments of ratification are to be submitted to the Secretary-General of the Council of Europe.
2. the Convention shall enter into force 90 days after the submission of the third instrument of ratification in store.
3. For any State signatory to ratify the Convention, but it later, the Convention shall enter into force 90 days after the instrument of ratification submitted in storage.
30. article. 1. Accession to the Committee of Ministers of the Council of Europe may invite any State which is not a Member State of the Council of Europe to accede to this Convention, if the decision containing such invitation, unanimously ratified this Convention agrees with the Member States of the Council of Europe.
2. such accession shall be effected by sending to the Secretary General of the Council of Europe an instrument of accession which shall take effect 90 days after its submission.
31. article. The denunciation of any Contracting Party may denounce this Convention in so far as it applies to that Contracting Party, by notification to the Secretary-General of the Council of Europe. Denunciation shall take effect six months after the Secretary General of the Council of Europe has received such notification.
32. article. Notifications the Secretary General of the Council of Europe must notify the Member States of the Council of Europe and the Governments of the countries that are parties to this Convention of: (a)) each instrument of ratification or accession was lodged;
(b)) the date of entry into force of this Convention;
(c) each notice) in accordance with article 6, paragraph 1, and article 21, paragraph 5;
(d)), each reservation in accordance with article 26, paragraph 1;
e) each withdrawal of reservations in accordance with article 26, paragraph 2;
f) each of the notification of denunciation received in accordance with the provisions of article 31 and the date when the denunciation takes effect.
Above, this Convention is signed by duly authorized persons.
Drawn up in 1957 in Paris on 13 December 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 will send certified copies to the Governments of all States which have signed this Convention.
Additional Protocol to the European Convention on extradition of the Council for Member States of the Council of Europe, signatories to this Protocol, noting the European Convention on extradition, which was opened for signature in Paris on 13 December 1957 (hereinafter referred to as the Convention), and in particular its article 3 and 9, thinking about the desirable to supplement this article with the aim of strengthening humanism and protect individuals, agreed: chapter I article 1 of the Convention, within the meaning of article 3 of the political offences shall not be considered : a) crimes against humanity, the United Nations General Assembly on 9 December 1948 adopted in violation of the Convention on genocide and punish it;
(b) the infringement established) 1949 Geneva Conventions for the wounded and sick of the State of the active army in article 50, the 1949 Geneva Conventions for the naval forces of the wounded, sick and ship-disaster victims of the State in article 51, the 1949 Geneva Conventions on treatment of war prisoners in article 130 and the 1949 Geneva Conventions on protection of civilians in time of war, article 147;
(c) any of the offences referred to) equate to the entry into force of this Protocol, in force at the time of war and violation of the existing usages of war, not for the aforementioned in the Geneva Convention.
Chapter II, article 2

Article 9 of the Convention is supplemented by the following text, therefore the original article 9 of the Convention becoming paragraph 1, but following the rules for 2, 3 and 4: "2. the extradition of a person, in respect of which a third country — in the Contracting State of the Convention — is the final verdict on the offence or offences in connection with which the request was submitted, not permissible: (a) if the judgment were above) it is valid;
(b) imprisonment or other) if it: (i) the penalty imposed has fully performed.
II. is in whole or in part in respect of the outstanding subject to pardon or amnesty;
(c) if the offender the Court found) guilty without imposing any sanctions.
3. Extradition is permissible, however, in paragraph 2: (a) in the cases provided for in) if the offence for which the judgment was directed against the person, institution or anything, which is a national of the requesting State;
(b)) if the person in respect of which the judgment, had the status of non-Applicant countries;
c) if the offence for which judgment was in whole or in part in the territory of the requesting State or in a place that is considered to be its territory.
4. paragraphs 2 and 3 shall not impede the application of more own domestic rules on ne bis in idem effect associated with foreign countries adopted kriminālspriedum. "
3. Chapter III, article 1 this Protocol may be signed the Council of Europe Member States which have signed the Convention. It is necessary to ratify, accept or recognise. The instruments of ratification, acceptance or recognition of documents to be submitted to the Secretary-General of the Council of Europe.
2. the Protocol shall enter into force 90 days after submission of the third instrument of ratification, acceptance or recognition of the document.
3. in the case of a country that is signatory to this Protocol shall be subject to ratification, acceptance or recognition at a later date, it shall enter into force 90 days after the submission of its instrument of ratification, acceptance or recognition of the document.
4. the Member State of the Council of Europe may not ratify, accept or recognize this Protocol if at the same time or before it has not ratified the Convention.
4. Article 1. Any State which has acceded to the Convention, may accede to this Protocol after its entry into force.
2. such accession shall be effected by submitting to the Secretary-General of the Council of Europe an instrument of accession which shall take effect 90 days after its submission.
1. Article 5, any State signing or ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.
2. Any State ratification, acceptance, approval or accession or at any later date, by appropriate notification to the Secretary-General of the Council of Europe, may extend this Protocol to any other territory or territories mentioned in the notification, and for whose international relations it is responsible or on whose behalf it is authorized to enter into commitments.
3. in accordance with the preceding paragraph of the statement made in respect of any territory mentioned in it may be withdrawn in accordance with article 8 of this Protocol.
Article 6 1 each State signing or ratification, acceptance, approval or accession, declare that it does not adopt either (I) or (II) section.
2. Any Contracting Party may withdraw in accordance with the preceding paragraph shall submit the notification, the notification addressed to the Secretary General of the Council of Europe, which shall enter into force on the date of receipt.
3. with regard to the provisions of this Protocol, no reservations may be made.
Article 7 of the Council of Europe Committee of crime problems will be informed about the implementation of this Protocol and will do everything necessary to promote the maintenance of any problems during a friendly settlement.
8. Article 1 each Contracting Party shall, as far as it is concerned, denounce this Protocol by notification to this effect to the Secretary General of the Council of Europe.
2. Such denunciation shall take effect six months after the date on which the Secretary-General received the notification.
3. denunciation of the Convention automatically entails denunciation of the Protocol.
Article 9 the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe and any State party to the Convention of: a any signature;)
(b) any instrument of ratification), acceptance, approval or accession;
(c)) date of entry into force of the Protocol in accordance with article 3;
d) each notification received under article 5, and every such notice of cancellation;
(e) each notice) in accordance with article 6, paragraph 1;
(f) notice of withdrawal), made in accordance with article 6, paragraph 2;
g) each notification received in accordance with the provisions of article 8, and the effective date of denunciation.
Above, the Protocol has been signed by duly authorised persons.
Drawn up in Strasbourg on 15 October 1975, in the English and French languages, both texts have equal legal force, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send certified copies to each State that has signed this Protocol or acceded to it.
The second additional protocol to the European Convention on extradition of the Council for Member States of the Council of Europe, signatories to this Protocol, desiring to promote Paris 1977 December 13 open for signing the European Convention on extradition (hereinafter referred to as the Convention) in the field of financial crime, believing the desirable to supplement the Convention in certain other respects, have agreed to: chapter I article 1 article 2 of the Convention, paragraph 2 is supplemented by the following provision: "this law also applies to offences that can only be applied to economic sanctions. "
Chapter II, article 2, article 5 of the Convention is replaced by the following provisions: "1. The financial offences relating to offences relating to taxes, duties, customs and exchange operations, extradition between the Contracting Parties will be implemented in accordance with the provisions of the Convention, if the offence under the legislation of the requested party's laws comply with the offences of the same nature.
2. extradition may not be refused on the grounds that the requested Party legislation does not provide for the same kind of tax or duty or does not contain the same provision for taxes, duties, customs or Exchange operations as the requesting party's legislative acts. "
Chapter III, article 3 of the Convention is supplemented by the following provisions: "default judgments taken 1. If the Contracting Party requests the other Contracting Party to issue the person to be able to execute a conviction or arrest warrant, ordered by the judgment, the requested Party may refuse extradition for such purpose, if it considers that the process that led to the judgment, not the minimum rights of defence, which must be guaranteed for everyone, which is accused of committing a criminal offence. However, the issue should be permitted, if the requesting party gives guarantees that are considered sufficient to ensure that the requested person the right to a new trial, which would respect the rights of the defence. This decision authorises the applicant either side to execute the judgment, if the sentenced person opposing or not — if it opposes — to take, in respect of persons issued procedural actions.
2. when the requested Party shall inform the person whose extradition is sought for in relation to their default judgment, adopted by the party Requesting such communication shall not be considered an official statement, the aim of which is to initiate criminal proceedings in the requested State. "
Chapter IV, article 4 of the Convention is supplemented by the following provisions: "the Amnesty Issue is not permissible due to an offence in respect of which the requested State has proclaimed amnesty and for which it was entitled to prosecute under its own criminal law."
Chapter v, article 5 of the Convention, article 12, paragraph 1 is replaced by the following provisions: "the request shall be submitted in writing to the requesting party to the Ministry of Justice that is requested to be sent to the Ministry of Justice, the parties are also allowed to use the diplomatic channel. Other forms of communication may be established by two or more parties direct agreement. "
Chapter VI article 6 1 this Protocol may be signed the Council of Europe Member States which have signed the Convention. It is necessary to ratify, accept or recognise. The instruments of ratification, acceptance or recognition of documents to be submitted to the Secretary-General of the Council of Europe.
2. the Protocol shall enter into force 90 days after submission of the third instrument of ratification, acceptance or recognition of the document.
3. in the case of a country that is signatory to this Protocol shall be subject to ratification, acceptance or recognition at a later date, it shall enter into force 90 days after the submission of its instrument of ratification, acceptance or recognition of the document.
4. the Member State of the Council of Europe may not ratify, accept or recognize this Protocol if at the same time or before it has not ratified the Convention.
7. Article 1. Any State which has acceded to the Convention, may accede to this Protocol after its entry into force.

2. such accession shall be effected by submitting to the Secretary-General of the Council of Europe an instrument of accession which shall take effect 90 days after its submission.
8. Article 1 any State signing or ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.
2. Any State ratification, acceptance, approval or accession or at any later date, by appropriate notification to the Secretary-General of the Council of Europe, may extend this Protocol to any other territory or territories mentioned in the notification, and for whose international relations it is responsible or on whose behalf it is authorized to enter into commitments.
3. in accordance with the preceding paragraph made a statement with respect to any of these areas can be reversed, inform the Secretary General of the Council of Europe. Such withdrawal shall take effect six months after its receipt by the Secretary-General of the Council of Europe.
9. Article 1 of the State Reservation made with regard to the provisions of the Convention, are also applicable to the Protocol, unless at the time of signature or ratification, acceptance, approval or accession of the State concerned notifies otherwise.
2. Each State at the time of signing or submitting your deposit of instruments of ratification, acceptance, approval or accession declare that it reserves the right: (a)) not to accept Chapter I;
(b)) not to accept Chapter II, or to accept it only in part in relation to certain offences or certain categories of offences provided for in article 2;
(c) not to accept Chapter III) or only accept paragraph 1 of article 3;
not to accept Chapter IV (d));
not to accept Chapter V e).
3. Any Contracting Party may withdraw in accordance with the preceding paragraph made reservations, shall be submitted to the notification addressed to the Secretary General of the Council of Europe, which shall enter into force on the date of receipt.
4. the Contracting Party which this Protocol is applied in respect of provisions of the Convention, a reservation or a reservation made with regard to the provisions of this Protocol, may not be required to comply with other Contracting Parties, however, if this reservation is partial or conditional, that Contracting Party may require that the relevant rules to be respected, insofar as it itself has adopted it.
5. with regard to the provisions of this Protocol may be made to any of the other disclaimers.
Article 10 of the Council of Europe Committee of crime problems will be informed about the implementation of this Protocol and will do everything necessary to promote the maintenance of any problems during a friendly settlement.
11. Article 1 each Contracting Party shall, as far as it is concerned, denounce this Protocol by notification to this effect to the Secretary General of the Council of Europe.
2. Such denunciation shall take effect six months after the date on which the Secretary-General received the notification.
3. denunciation of the Convention automatically entails denunciation of the Protocol.
Article 12 the Secretary-General of the Council of Europe shall inform the Member States of the Council of Europe and any State party to the Convention of: (a) each signature of this Protocol);
(b) any instrument of ratification), acceptance, approval or accession;
(c)) date of entry into force of the Protocol in accordance with articles 6 and 7;
d) each notification received under article 8, paragraph 2 and 3;
e) each notification received in accordance with paragraph 1 of article 9;
f) each reservation made in accordance with paragraph 2 of article 9;
g) each withdrawal of reservation made in accordance with paragraph 3 of article 9;
h) each notification received in accordance with the provisions of article 11, and the effective date of denunciation.
Above, the Protocol has been signed by duly authorised persons.
Drawn up in Strasbourg on 17 March 1978 in the English and French languages, both texts have equal legal force, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send a certified copy to each State that has signed this Protocol or acceded to it.