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

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RUSSIAN FEDERATION FEDERAL LAW About the ratification of the European Convention on Extradition, Additional Protocol and Second Additional Protocol Accepted State Duma 1 October 1999 approved by the Federation Council on 13 October 1999 Article 1. Ratify the European Convention on Extradition of 13 December 1957, signed on behalf of the Russian Federation in Strasbourg on 7 November 1996 (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 the extradition of a person is requested for the purpose of bringing to justice an extraordinary court or summary proceedings or for the purpose of enforcing the sentence, issued by an extraordinary court or summary proceedings when There is reason to believe that in such proceedings the person will not be or have not been afforded the minimum guarantees provided for in article 14 of the International Covenant on Civil and Political Rights and in articles 2, 3 and 4 of the Protocol No. 7 to the Covenant. Convention for the Protection of Human Rights and Fundamental Freedoms. However, the concept of "extraordinary court" and "order of summary procedure" do not include any international criminal court whose powers and competence are recognized by the Russian Federation; b) if there are serious grounds Consider that the person in respect of whom the extradition request has been made has been or will be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State or to that person in the process No criminal proceedings have been or will be provided with minimum guarantees, Article 14 of the International Covenant on Civil and Political Rights and articles 2, 3 and 4 of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms; , based on humanitarian considerations that the extradition of a person may cause serious complications for him because of his advanced age or state of health. "; 2)" The Russian Federation reserves the right not to be to extradite persons whose extradition is likely to prejudice its sovereignty, security or public order order or other essential interests. Offences for which extradition may not be made are established by federal law. "; (3)" The Russian Federation is not responsible for claims for compensation of material and/or moral damage caused by In the Russian Federation provisional arrest of a person under article 16 of the Convention. "; 4)" The Russian Federation is not liable under article 18, paragraphs 4 and 5, of the Convention (or) Moral damage associated with the deference or cancellation of the transfer of persons against whom "The Russian Federation declares that, in accordance with article 23 of the Convention, documents relating to extradition are required to be translated into the Russian Federation in Russian.", as well as the following statements: 1) " The Russian Federation understands that the provisions of article 3 of the Convention must be applied in a manner that would ensure the inevitability of liability for the commission of crimes, under the Convention. "; 2)" Russian Federation It is understood that the Russian Federation's legislation does not contain the concept of "political crimes". In all cases of extradition, the Russian Federation would not be regarded as a "political offence" or "offences related to political offences", together with the offences set forth in article 1 of the Additional Protocol. the 1975 Protocol to the European Convention on Extradition, 1957, in particular the following acts: a) crimes against humanity as provided for in articles II and III of the Convention on the Suppression and Punishment of the Crime of Apartheid (1973) 1 and 4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Inhuman or Degrading Treatment or Punishment (1984); b) offences under article 85 of Additional Protocol I to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Forces Articles 1 and 4 of Additional Protocol II to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (1977); Convention for the Suppression of Unlawful Seizure of Aircraft (1970), 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 on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973); International Convention against the Taking of Hostages (1979) (e) Offences under the Convention on the Physical Protection of Nuclear Material (1980); (g) offences under the United Nations Convention against Illicit Traffic in of narcotic drugs and psychotropic substances (1988); (c) other comparable crimes under multilateral international treaties to which the Russian Federation is a party. "; 3)" Russian Federation by Article 6, paragraph 1 (a), of the Convention states that (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, transit traffic in the territory of the Russian Federation The Federation of a extradited person is permitted under conditions established for extradition. "; 5)" The Russian Federation shares the opinion expressed in the declarations of the Government of the Federal Republic of Germany of 4 February 1991, of the Republic of Austria of 4 June 1991 The Confederation of 21 August 1991 concerning the reservation made by Portugal on 12 February 1990 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 offences punishable by life imprisonment or for which the court has issued as a preventive measure The detention was not absolute. This would allow the said reservation to be treated in such a way that extradition would not be granted only if the law of the requesting State did not provide for the possibility of judicial review of the cases of those convicted to life imprisonment and have served a certain part of the time or spent some time in custody for parole. ". Article 2. Ratify the Additional Protocol of 15 October 1975 to the European Convention on Extradition of 13 December 1957 signed on behalf of the Russian Federation The Federation in Strasbourg, on 7 November 1996, with the following statement: " The Russian Federation, taking into account the declaration it has made on article 3 of the European Convention on Extradition of 13 December 1957, does not consider it to be exhaustive. Article 1 of the Additional Protocol of 15 October 1975 to the European Convention on Extradition of 13 December 1957, list of offences which are not "crimes of a political nature." Article 3. Ratify the Second Additional Protocol of 17 March 1978 to the European Convention on Extradition of 13 December 1957, signed on behalf of the Russian Federation in Strasbourg on 7 November 1996, with the following reservation: The Russian Federation reserves the right not to apply chapter V of the Second Additional Protocol of 17 March 1978 to the European Convention on Extradition of 13 December 1957. " Article 4. The Procurator-General of the Russian Federation is the designated authority of the Russian Federation for the consideration of extradition matters. " The decision of the competent authorities of the Russian Federation on extradition may be appealed by the person against whom the decision on extradition has been taken, in accordance with the legislation of the Russian Federation. Article 5. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 25 October 1999 N 190-FZ