On The Convention On The Fight Against Unlawful Seizure Of Aircraft

Original Language Title: Par Konvenciju par cīņu pret nelikumīgu gaisakuģu sagrābšanu

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The Saeima has adopted and the President promulgated the following laws: The Convention for the Suppression of unlawful seizure of aircraft article 1. December 16, 1970 in the Hague signed the Convention on the fight against the illegal seizure of aircraft (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Convention shall enter into force in its article 13 and the time limit laid down 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, 8 April 1997, on the Suppression of Unlawful Conventionfor chicken pox vaccine and of aircraft preamble the States parties to this Convention Considering that unlawful acts of or exercise of chicken pox vaccine and control of aircraft in flight jeopardiz the safety of persons and property, seriously affec the operation of air services, and undermin the confidence of the peoples of the world in the safety of civil aviation; Considering that the occurrence of such acts is a matter of grave concern; Considering that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measure for punishment of the offender; have agreed as follows: article 1 Any person who on board an aircraft in flight: (a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such Act, or (b) is an accomplice of a person who perform or attempts to perform any such Act commit an offenc (hereinafter referred to as "the offenc"). Article 2 Each Contracting State undertak-to make the punishabl of the offenc by sever penalties. Article 3 1. For the purpose of this Contention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkations. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities to take over the responsibility for the aircraft and for persons and property on board. 2. This Convention shall not apply to aircraft used in military, customs or police services. 3. This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offenc is committed is situated outside the territory of the State of registration of that aircraft; It shall be immaterial whethers the aircraft is engaged in an international or domestic flight. 4. In the cases mentioned in article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offenc is committed to is situated within the territory of the same State where that State is one of those referred to in that article. 5. Notwithstanding paragraphs 3 and 4 of this article, articles 6, 7, 8 and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the the territory of a State other than the State of registration of that aircraft. Article 4 1. Each Contracting State shall take such measure may not be the axis of the cessary to establish its jurisdiction over the offenc and any other Act of violence against the passenger or crew committed by the alleged offender in connection with the the offenc, in the following cases: (a) when the offenc is committed on board an aircraft registered in that State; (b) when the aircraft on board which the offenc is committed lands in its territory with the alleged offender still on board; (c) when the offenc is committed on board an aircraft leased without crew to a lesse who has his principal place of business or, if the lesse has from such place of business, his permanent residence, in that State. 2. Each Contracting State shall take such a likewis measure may not be the axis of its jurisdiction over the cessary establish the offenc in the case where the alleged offender is present in its territory and it does not extradit him to it in article 8 it pursuan any of the States mentioned in paragraph 1 of this article. 3. This Convention does not exclude any criminal jurisdiction exercised in accordanc with national law. Article 5 the Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are the subject of the international registration or the joint shall, by appropriate means, for each aircraft designat the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States parties to This Convention. Article 6 1. Upon being satisfied that the warrant, any of these circumstanc Contracting State in the territory of which the offender or alleged offender is the present, shall take him into custody or take other measure to ensur is his presence. The custody measure shall be of and others as provided in the law of that State but may be continued only for such time as is not to enable any criminal or cessary extradition proceedings to be instituted. 2. Such State shall immediately make a preliminary enquiry into the facts. 3. Any person in custody pursuan to paragraph 1 of this article shall be assisted in communicating immediately with the ares not the appropriate representative of the State of which he is a national. 4. When a State, pursuan to this article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft, the State mentioned in article 4, paragraph 1 (c), the State of nationality of the detained person and, if it consider it advisabl, any other interested States of the fact that such person is in custody and of the of the his detention warrant which circumstanc. The State which makes the preliminary enquiry contemplated in the paragraph 2 of this article shall promptly report its finding to the said States and shall indicates the whethers it intends to exercise jurisdiction. Article 7 the Contracting State in the territory of which the alleged offender is found shall, if it does not, be obliged him, the extradit without exception whatsoever and whethers or not the offenc was committed in its territory, to submit the case to its competent authorities for the purpose of the prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offenc of a serious nature under the law of that State. Article 8 1. The Office shall be deemed to be offenc included as an extraditabl in any extradition treaty the offenc existing between Contracting States. Contracting States to include the undertak offenc as an extraditabl of the offenc in every extradition treaty to be concluded between them. 2. If a Contracting State which makes extradition conditional on the existenc of a treaty receive a request for extradition from another Contracting State with which it has extradition treaty, it may at from its option consider this Convention as the legal basis for extradition in respect of the offenc. Extradition shall be subject to the other conditions provided by the law of the requested State. 3. the Contracting States which do not make extradition conditional on the existenc of a treaty shall recognize the United Nations as an offenc offenc extraditabl between themselves subject to the conditions provided by the law of the requested State. 4. The Authority shall be treated offenc, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordanc with article 4, paragraph 1 article 9 1. When any of the acts mentioned in article 1 (a) has occurred or is about to occure , Contracting States shall take all appropriate measure to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft. 2. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its crew with a contained or present shall facilitat the continuation of the journey of the passenger and crew as soon as practicabl, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to the possession thereof. Article 10 1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brough in respect of the offenc and other acts mentioned in article 4. The law of the State requested shall apply in all cases. 2. The provision of paragraph 1 of this article shall not be under any obligation affec other treaty, bilateral or multilaterals, which govern or will govern, in whole or in part, mutual assistance in criminal matters. Article 12 Each Contracting State shall in accordanc with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning: (a) the Council of the offenc circumstanc; (b)) the action taken to article 9 pursuan; (c) the measure taken in relations of the offender or the alleged offender, the and, in particular, the results of any extradition proceedings or other legal proceedings. Article 12 1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of justice by request in conformity with the Statute of the Court. 2. Each State may at the time of signature or ratification of this Convention or accession declare theret, that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation. 3. Any Contracting State having made a reservation in accordanc with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments. Article 13 1. This Convention shall be open for signature at the Hague on 16 December 1970, by States participating in the International Conference on Air Law held at the Hague from 1 to 16 December 1970 (hereinafter referred to as the Hague Conference). After 31 December 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordanc with paragraph 3 of this article may accede to it at any time. 2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and accession shall be deposited instruments of with the Governments of the Union of the Socialist Republic of Sov, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments. 3. This Convention shall enter into force thirty days following the date of the deposit of the instrument of ratification by ten States signatory to this Convention which participated in the Hague Conference. 4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordanc with paragraph 3 of this article, or thirty days following the date of deposit of their instrument of ratification or accession, whichever is later. 5. the Depositary Governments shall promptly of the inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices. 6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments to the article 102 pursuan of the Charter of the United Nations and to article 83 pursuan of the Convention on International Civil Aviation (Chicago, 1944). Article 14 1. Any Contracting State may denounc this Convention by written notification to the Depositary Governments. 2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments. In witness whereof the undersigned, being duly authorized to theret Plenipotentiar by their Governments, have signed this Convention. Done at the Hague, this sixteenth day of December, one thousand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

Convention for the unlawful seizure of aircraft signed at the Hague on 16 December 1970 the preamble in the States-parties to this Convention, considering that the flight of aircraft in the unlawful seizure of or control it endangers the security of persons and property, seriously affect the air traffic and to undermine the confidence of the peoples of the world civil aviation security; Given that these cases trigger serious concerns; Considering that the prevention of such activities need to take appropriate measures to prosecute the offender; have agreed as follows: article 1 each person whose aircraft in flight: a) illegal-by force or threat thereof or otherwise intimidated, by aircraft or take control of it, or try to make any of the following, or b) is a person who performs or attempts to perform any of the following, complicit, has committed a crime (hereinafter referred to as "crime"). Article 2 each Member State shall undertake to apply strict penalties for crime. 3. Article 1 of this Convention, an aircraft is considered to be in flight from the moment after boarding is closed all of the outer door, until any of these doors are opened for disembarkation. The forced landing in case it is considered that the flight will continue until the competent authorities take responsibility for the aircraft, persons or property in it. 2. This Convention shall not apply to aircraft used in military, customs or police services. 3. This Convention is applicable only when the aircraft in which the crime was committed, or the actual take-off landing place is outside the territory of the reģistrētājvalst; Furthermore, it is irrelevant whether the aircraft is carried out by an international or domestic flight. 4. this Convention shall not apply article 5 in cases, when the aircraft in which the crime was committed, take-off and landing location in faktik is specified in that article. 5. Notwithstanding this article, paragraph 3 and 4, 6, 7, 8 and 10 are in effect regardless of the aircraft's take-off or the place of actual landing, if the offender or the alleged offender is found in the territory of a State which is not a reģistrētājvalst aircraft. 4. Article 1 of this Convention, each Member State must take the necessary measures to implement its jurisdiction over the crime, and any other acts of violence against passengers or crew and of the crime made possible criminal, in the following cases: (a)) the crime was committed in the country registered aircraft; (b)) aircraft, which the crime was committed, do stop in its territory and the possible offender still on it; (c)) the crime was committed on board an aircraft leased without crew to a lessee who is operating the site or, if it is not operating, the place of habitual residence is in that State. 2. Each Contracting State shall take measures which may be necessary to establish its jurisdiction over the crime, where the alleged offender is situated in its territory and, in accordance with article 8 fails him on any of the paragraph 1 of this article, in these countries. 3. this Convention shall not prevent the implementation of criminal jurisdiction in accordance with national law. Article 5 of this Convention, the Member States, which set up a joint air traffic organization or international agencies, which operate jointly or internationally registered aircraft, the way down from their country, which will be implemented for the purposes of the Convention, jurisdiction over the aircraft and with attributes of the country of registration, and notify the international civil aviation organization, which in turn transmit this communication to all States-parties to this Convention. Article 6 1. If the present Convention in whose territory the offender or alleged offender, considers that this is necessary, so that a person is arrested or take other measures to ensure that person's presence. Detention and other measures needed to be applied in accordance with the law of that State, but they may be applied only as long as necessary, to initiate criminal or extradition procedure. 2. such State shall immediately make a preliminary inquiry should be fact. 3. Any person who has been arrested in accordance with paragraph 1 of this article, assistance must be provided without delay, the person to be able to contact the nearest competent representative of the State of which a citizen is that person. 4. If the State in accordance with this article is the apcietinājus person, this country must notify immediately the aircraft reģistrētājvalst, article 1. " (c) "the State referred to in paragraph 1, the State of which the person is detained, and, if it considers it advisable, any other interested country that that person has been arrested, as well as on the circumstances that led to the detention. Country, in accordance with paragraph 2 of this article shall be carried out prior to the investigation of the facts, on the information obtained must immediately inform those countries and must indicate whether it intends to exercise jurisdiction. Article 7 If the Member State in whose territory the alleged offender is found, she fails, without exception and regardless of whether the crime was committed in its territory, to transfer the case to the competent national authorities to conduct criminal proceedings. These institutions in accordance with the national rules in force decision should be taken just as brutal a crime case. 8. Article 1 should be considered as a crime to be included in any agreement concluded between the Member States on the issue of how the crime issue. Member States shall ensure that a crime as a crime subject to extradition, to include in any agreement on the issue, which they conclude in the future. 2. If a Member State which considers that the issue depends on the contract, receives a request for extradition from another Member State with which it has no extradition treaty, it shall in its discretion with respect to a crime may consider this Convention as the legal basis for extradition. Extradition is carried out in accordance with the legal provisions of the country in the terms provided that the request for extradition is submitted. 3. Member States which determines that the issue depends on the contract has been concluded, in their mutual relations the following crimes shall be deemed subject to extradition in accordance with the legal provisions of the country in the terms provided that the request for extradition is submitted. 4. Member States shall, for the purposes of Extradition crimes deemed committed not only the site, but also in the territories of the countries to which its jurisdiction to enforce the in accordance with article 4, paragraph 1. Article 9 1. When one of the "a" article 1 in the following, or is the threat, Member States shall take all necessary measures to restore or maintain a legitimate Commander in control of the aircraft. 2. in the cases referred to in paragraph 1, each Member State in whose territory the aircraft, its passengers or crew, will provide assistance to the passengers and crew as soon as possible and without further delay, surrender the aircraft and its cargo to the rightful owner. Article 10 Member States shall give each other as fully as possible legal assistance in connection with criminal proceedings taken in respect of such a crime and the other 4 in the following article. In all cases, the State will apply the provisions of the law, which received the request. 2. paragraph 1 of this article shall not affect obligations contained in any other bilateral or multilateral agreement, in whole or in part, or in the regulation governing mutual assistance in criminal matters. Article 11 each Member State in accordance with its national rules as soon as possible, notify the international civil aviation organization Council any of the limited available information on: (a) the circumstances of the crime); b) actions carried out under article 9; c) measures taken with regard to criminals or potential criminals, especially on any issue or other legal action. Article 12 1. two or more Member States, any dispute concerning the interpretation or application of this Convention, if it can not be settled by negotiation shall, at the request of one Member State must be referred to the arbitration. If within six months of the request for arbitration, the Member States will not be able to agree on the dispute settlement procedure, at the request of any Member State may submit the dispute to the International Court of Justice in accordance with the Statute of the Court of Justice. 2. for Each State ratifying this Convention or signature, or by joining it, declare that it does not consider the provisions of the preceding paragraph as binding. Other Member States, the provisions of the preceding paragraph shall not be binding on relations with any State which made such a reservation. 3. any Member State which, in accordance with the preceding paragraph made such reservation, the reservation at any time be withdrawn, for it with a note stating the depositary Governments. 13. Article 1 this Convention shall be open for signature at the Hague on 16 December 1970 in the States in 1970 from 1 to 16 December in the Hague of the International Conference on air law (hereinafter referred to as the Hague Conference). After 31 December 1970 's all countries will open the Convention for signature in Moscow, London and Washington. Any State which, in accordance with paragraph 3 of this article, this Convention does not sign until its entry into force may accede to it at any time. 2. this Convention is subject to ratification by all the signatory countries. The instruments of ratification and instruments of accession shall be deposited with the deposit of the United States, the Russian Federation and the United Kingdom of Great Britain and Northern Ireland, which is designated as the depositary Governments. 3. this Convention shall enter into force thirty days after the Hague Conference ten participated in the States which have signed this Convention, by the deposit of their instruments of ratification. 4. for other States this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this article, or within thirty days after the deposit of instruments of ratification or accession submit deposit, whichever day is the last. 5. the depositary Governments shall promptly inform all States which have signed this Convention and acceded on each day, the signing date of the deposit of the deposit of the instrument of ratification or accession, on the date of entry into force of this Convention, and other notifications. 6. After the entry into force of this Convention depozitāraj Governments must be recorded in accordance with the United Nations Charter, article 102, and the Convention on international civil aviation (Chicago, 1944). 83. article. Article 14:1. any Member State may denounce this Convention by written notification to the depositary Governments. 2. The Convention denunciation shall take effect six months after the date on which the Depositary Government received this notice. In witness whereof, the Government to duly authorised representatives have signed this Convention. Signed in the Hague in the year one thousand nine hundred and seventy of the sixteenth of December three copies in English, French, Russian and Spanish languages, all four texts being equally authentic.

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