On The Ratification Of The European Convention On Extradition, Additional Protocol And Second Additional Protocol Thereto

Original Language Title: О ратификации Европейской конвенции о выдаче, Дополнительного протокола и Второго дополнительного протокола к ней

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102062477

RUSSIAN FEDERATION federal law on ratification of the European Convention on extradition, additional protocol and second additional Protocol thereto adopted by the State Duma on October 1, 1999 the year approved by the Federation Council October 13, 1999 year Article 1. Ratify the European Convention on extradition of December 13, 1957 year, signed on behalf of the Russian Federation in Strasbourg November 7, 1996 year (hereinafter referred to as the Convention), with the following reservations: 1) "Russian Federation, in accordance with article 1 of the Convention reserves the right to refuse extradition: a) if extradition is requested in order to prosecute in an extraordinary court or summarily or for the execution of a sentence pronounced by the extraordinary court or summary judgment where there is reason to believe that in the course of such proceedings, that person will not be or have not been provided with the minimum guarantees under article 14 of International Covenant on Civil and political rights and articles 2, 3 and 4 of the Protocol N 7 to the Convention for the protection of human rights and fundamental freedoms. While the notion of "extraordinary court" and "order of summary procedure" does not turn an international criminal court, powers and competencies which are recognized by the Russian Federation;
b) if there are serious grounds for believing that the person whose extradition is requested has been or would be subjected in the requesting State to torture or other cruel, inhuman or degrading treatment or punishment or that the person in criminal proceedings have not been or will not be provided with the minimum guarantees under article 14 of International Covenant on Civil and political rights and in articles 2 , 3 and 4 of the Protocol N 7 to the Convention for the protection of human rights and fundamental freedoms;
in) on humanitarian grounds, where there is reason to believe that extradition could lead to serious complications for him because of his advanced age or State of health. ";
2) "Russian Federation, in accordance with paragraphs 3 and 4 of article 2 of the Convention reserves the right not to extradite persons whose extradition may impair its sovereignty, security, ordre public or other essential interests. The crimes for which extradition may not be granted shall be established by federal law. ";
3) "the Russian Federation is not responsible for any claims for reparation for material and/or moral damage caused by the Russian Federation of the provisional arrest of a person in accordance with article 16 of the Convention.";
4) "Russian Federation, in accordance with paragraphs 4 and 5 of article 18 of the Convention shall not be liable for any claims for reparation for material and/or moral damage arising from delay or cancellation of the transfer of persons in respect of whom the decision on extradition";
5) "the Russian Federation declares that, in accordance with article 23 of the Convention for the submission of the Russian Federation documents relating to the grant, they need verified translation into the Russian language.", as well as with the following statements: 1) "Russian Federation proceeds from the understanding that the provisions of article 3 of the Convention should be applied in such a way as to ensure the inevitability of responsibility for offences covered by the Convention.";
2) "Russian Federation proceeds from the understanding that the legislation of the Russian Federation does not contain the concept of" political offences ". In all cases when deciding on extradition, the Russian Federation will not be regarded as "political crimes" or "crimes related to political crimes" along with the offences set forth in article 1 of the additional protocol to the 1975 European Convention on extradition of 1957, in particular, the following conduct: and) crimes against humanity provided for in articles II and III of the Convention on the Suppression and punishment of the crime of apartheid (1973) and in articles 1 and 4 the Convention against torture and other cruel , inhuman or degrading treatment or punishment (1984);
b) the offences referred to in article 85 of additional Protocol I to the Geneva Conventions of August 12, 1949 years, relating to the protection of victims of international armed conflicts (1977), and in articles 1 and 4 of the additional Protocol II to the Geneva Conventions of August 12, 1949 years, relating to the protection of victims of non-international armed conflicts (1977);
in) the offences provided for in the Convention for the Suppression of unlawful seizure of aircraft (1970), the Convention for the Suppression of unlawful acts against the safety of civil aviation (1971) and the Protocol for the Suppression of unlawful acts of violence at airports serving international civil aviation (1988), supplementing the above-mentioned Convention 1971 years;
g) the crimes set forth in the Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents (1973);
d) the crimes set forth in the International Convention against the taking of hostages (1979);

(e)) the offences provided for in the Convention on the physical protection of nuclear material (1980);
f) offences provided for in the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances (1988);
w) other comparable offences under multilateral international treaties to which the Russian Federation is a party. ";
3) "Russian Federation" a sub-item of item 1 of article 6 of the Convention States that in accordance with article 61 (part 1) of the Constitution of the Russian Federation, a citizen of the Russian Federation may not be extradited to another State. ";
4) "the Russian Federation declares that, in accordance with article 21 of the Convention, the transit through the territory of the Russian Federation issued a person is subject to the conditions laid down for the SERPs.";
5) "Russian Federation shared the view expressed in the statements of the Government of the Federal Republic of Germany from February 4, 1991 year, the Government of the Republic of Austria from June 4, 1991 years and the Government of the Swiss Confederation from August 21, 1991 year, concerning the reservation made by Portugal February 12, 1990 year to article 1 of the Convention. The reservation made by Portugal to article 1 of the Convention, is compatible with the object and purpose of the Convention only if the refusal to extradite persons who have committed an offence punishable by life imprisonment, or where the Court as a measure of detention was elected, is not absolute. This will treat the specified reservation so that extradition will not be carried out only if the law of the requesting State does not provide for the possibility of judicial review of the cases of persons who had been sentenced to life imprisonment and had served a certain part or spent part of the time in custody for parole. "
Article 2. To ratify the additional protocol of October 15, 1975 onwards to the European Extradition Convention of December 13, 1957 year, signed on behalf of the Russian Federation in Strasbourg November 7, 1996 onwards, with the following statement: "the Russian Federation in view of the statement made by it under article 3 of the European Convention on extradition of December 13, 1957 year does not consider exhaustive as contained in article 1 of the additional protocol dated October 15, 1975 onwards to the European Extradition Convention of December 13, 1957 year list of crimes that are not "crimes of a political nature."
Article 3. To ratify the second Optional Protocol dated March 17, 1978 onwards to the European Extradition Convention of December 13, 1957 year, signed on behalf of the Russian Federation in Strasbourg November 7, 1996 onwards, with the following reservation: "the Russian Federation reserves the right not to apply the chapter V of the second additional protocol of March 17, 1978 onwards to the European Extradition Convention of December 13, 1957 year.".
Article 4. By the designated authority of the Russian Federation to consider the issues of extradition is the General Prosecutor of the Russian Federation.
The decision of the competent authorities of the Russian Federation for extradition may be appealed by the person in respect of whom the decision on extradition, in accordance with the legislation of the Russian Federation.
Article 5. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N October 25, 1999 190-FZ