Rs 0.351.5 Convention Of 14 December 1973 On The Prevention And Punishment Of The Offences Against The Persons Enjoying International Protection, Including Diplomatic Agents

Original Language Title: RS 0.351.5 Convention du 14 décembre 1973 sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques

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0.351.5 text original Convention on the prevention and repression of offences against persons enjoying international protection, including diplomatic agents, signed in New York on 14 December 1973 approved by the Federal Assembly on November 29, 1984, Instrument of accession deposited by the Switzerland on 5 March 1985 entry into force for the Switzerland on 4 April 1985 (report on 18 February 2015). States parties to this Convention having in mind the purposes and principles of the United Nations Charter regarding the maintenance of international peace and the promotion of friendly relations and cooperation between States, whereas offences against diplomatic agents and other persons enjoying international protection, compromising the security of these people, create a serious threat to the maintenance of normal international relations which are necessary for cooperation among States , considering that the Commission of these offences is a cause for serious concern to the international community, convinced of the need to adopt emergency appropriate and effective measures for the prevention and punishment of such offences, have agreed to the following: art. 1 for the purposes of this Convention: 1. "person enjoying international protection" means: a) of any head of State, including each Member of a collegial body functions head of State under the constitution of the State concerned; any head of Government or Minister of Foreign Affairs, when such a person is in a foreign State, as well as members of his family who accompany him; b) of any representative, official, official personality of a State and any officer, official or other agent of an intergovernmental organization, who, on the date and at the place where a crime is committed against the person his official premises, private home or its means of transport, has right under international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;

2. the expression 'alleged perpetrator of the offence' means any person against whom there is evidence of sufficient to establish at first she committed any of the offences provided for in article 2 or that she was involved.

Art. 2-1. The fact intentional: a) to commit a murder, kidnapping or another attack on the person or liberty of a person enjoying protection; b) to commit, using violence against official premises, the private accommodation or the means of transport of a person enjoying international protection an attack likely to put his person or liberty in danger; c) to threaten to commit such an attack; d) attempt to commit such a attack; OUE) to participate as an accomplice in one such attack is considered by any State party as constituting an offence under its domestic law.

2. each State party makes these offences punishable of appropriate penalties which take into account their gravity.
3. paragraphs 1 and 2 of this article infringe anything the obligations under international law, placed States parties to take all appropriate measures to prevent other attacks on the person, freedom or dignity of a person enjoying international protection.

Art. 3-1. All State party take the necessary measures to establish its jurisdiction for the purposes of offences provided for in article 2 in cases below: a) when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State; b) when the alleged perpetrator of the offence is a national of that State; c) when the offence is committed against a person enjoying international protection within the meaning of article 1 who enjoys this status by virtue of the functions that it exercises on behalf of that State.

2. each State party also takes the necessary measures to establish its jurisdiction in order to know of these offences when the alleged perpetrator of the offence lies in its territory and where it does not extradite it, in accordance with article 8, to one any of the States referred to in paragraph 1 of this article.
3. this Convention does not exclude a criminal jurisdiction under domestic legislation.

Art. ((4 States parties work together in the prevention of the offences provided for in article 2, including: a) by taking all possible measures to prevent preparation in their respective territories, of those offences intended to be committed inside or outside their territory; b) by exchanging information and coordinating administrative measures and others to make If necessary, in order to prevent the Commission of these offences.

Art. 5-1. The State party in the territory of which one or more of the offences referred to in article 2 have been committed, if it has reason to believe that an alleged perpetrator of the offence fled from its territory, communicate to all other interested States directly or through the Secretary-General of the United Nations all relevant facts regarding the crime committed and all the information available about the identity of the alleged perpetrator of the offence.
2. where one or more of the offences referred to in article 2 was committed against a person enjoying international protection, any State party which has information concerning both the victim and the circumstances of the offence strives to provide, under the conditions provided for by its internal law, in good time and in complete form, to the State party on whose behalf that person exercised his functions.

Art. 6-1. If he considers that the circumstances so warrant, the State party is on the territory of which the alleged perpetrator of the offence takes measures in accordance with its domestic law to ensure the presence of such alleged perpetrator of the offence for the purpose of the prosecution or extradition. These measures shall be notified without delay directly or through the Secretary-General of the Organization of the United Nations: a) in the State where the offence has been committed; b) to the State or States of which the alleged perpetrator of the offence is a national or, if it is stateless, to the State on the territory of which he resides permanently; c) to the State or States of nationality the person enjoying international protection or on whose behalf or of which she exercised its functions; d) all other States concerned; summer) to the intergovernmental organization which the person enjoying international protection is an official, an official personality or an agent.

2. any person in respect of which measures referred to in paragraph 1 of this article are taken is entitled: has) to communicate without delay with the nearest appropriate representative of the State whose nationality or who is otherwise entitled to protect its rights or, in the case of a person stateless, who is willing, upon request to protect our rights; and b) to be visited by a representative of that State.

Art. 7. the State party on whose territory is the alleged perpetrator of the offence, if it extradites not the latter, shall submit the case, without exception and without undue delay, to its competent authorities for the exercise of criminal action, according to a procedure pursuant to the legislation of that State.

Art. 8-1. Provided that the offences provided for in article 2 are not on the list of cases of extradition in a Treaty of extradition in force between States parties, they are considered as is being understood. States parties undertake to include such offences as extradition cases in all treaty for extradition to be concluded between them.
2. If a State party that makes extradition to the existence of a treaty receives a request for extradition from another State party with which it is not bound by an extradition treaty, it may, if it decides to extradite, consider this Convention as constituting the legal basis for extradition with respect to these offences. Extradition is subject to the rules of procedure and to the other conditions provided by the law of the requested State.
3. States parties which shall not make extradition to the existence of a treaty recognizing these offences as between them to cases of extradition subject to the rules of procedure and to the other conditions provided by the law of the requested State.
4. between States parties, these offences are considered for the purposes of extradition as having been committed not only in the territory of the States required to establish their jurisdiction under paragraph 1 of article 3 place.

Art. 9. any person against whom proceedings are taken due to one of the offences provided for in article 2 has the guarantee of fair treatment at all stages of the procedure.

Art. 10-1. States parties agree the broadest possible legal assistance in all criminal proceedings relating to the offences provided for in article 2, including with regard to the communication of all the evidence available to them and are necessary for the purposes of the procedure.

2. the provisions of paragraph 1 of this article do not affect the mutual obligations set forth in any treaty.

Art. 11. the State party in which a criminal action was initiated against the alleged perpetrator of the offence shall communicate the final outcome to the Secretary-General of the United Nations, who shall inform the other States parties.

Art. 12. the provisions of this agreement will not affect the application of the treaties on asylum, in force at the date of adoption of the Convention, with regard to States that are parties to those treaties; but a State party to this Convention may not invoke those treaties with respect to another State party to the present Convention which is not a party to these treaties.

Art. 13-1. Any dispute between two or more States parties concerning the interpretation or application of this Convention which is not settled by negotiation is subject to arbitration at the request of one of them. If, within six months following the date of the request for arbitration, the parties reach didn't reach agreement on the Organization of the arbitration, one any of them can submit the dispute to the International Court of Justice, by filing a request in accordance with the Statute of the Court.
2. any State party may, at the time where he will sign this Convention, will ratify or adhere is, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. Other States parties will not be bound by those provisions to a State party which has made such a reservation.
3. any State party which has made a reservation in accordance with the provisions of paragraph 2 of this article may, at any time, lift this reservation by notification to the Secretary-General of the United Nations.

Art. 14. the present Convention will be open for signature to all States, until December 31, 1974, at the headquarters of the United Nations, in New York.

Art. 15. the present Convention will be ratified. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 16. the present Convention will remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Art. 17-1. This agreement will take effect on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.
2. for each of the States that ratify the Convention or there will join after the deposit of the twenty-second instrument of ratification or accession, the Convention will take effect on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

Art. 18-1. Any State party may denounce the present Convention by means of a written notification to the Secretary-General of the United Nations.
2. the denunciation shall take effect six months after the date on which the notification is received by the Secretary-General of the United Nations.

Art. 19 the Secretary general of the Organization of the United Nations shall notify all the States, among other: has) signatures to this Convention and the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16, as well as the notifications made under article 18.b) the date on which this Convention will enter into force , in accordance with article 17.

Art. 20. the original of this Convention, of which the English, Chinese, Spanish, french and Russian texts are equally authentic, will be deposited with the Secretary-General of the United Nations, which will hold certified copy to all States.
In faith whereof, the undersigned, duly authorized by their respective Governments, have signed this Convention opened for signature in New York on 14 December 1973.
(Follow signatures)

Scope on 18 February 2015 States parties Ratification, accession (A) Declaration of estate (S) entry into force September 24, 2003 Afghanistan's October 24, 2003 South Africa 23 September 2003 to October 23, 2003 Albania 22 January 2002-21 February 2002 Algeria * November 7, 2000 December 7, 2000 Germany * * 25 January 1977 24 February 1977 Andorra * September 23, 2004 of October 23, 2004 Antigua and Barbuda 19 July 1993-18 August 1993 Saudi Arabia * March 1, 2004 At March 31, 2004 Argentina * March 18, 1982 April 17, 1982 Armenia 18 May 1994 has 17 June 1994 Australia June 20, 1977 July 20, 1977 Austria August 3, 1977 at 2 September 1977 Azerbaijan April 2, 2001 has 2 May 2001 Bahamas 22 July 1986 at 21 August 1986 Bahrain 16 September 2005 A 16 October 2005 Bangladesh may 20, 2005 June 19, 2005 Barbados October 26, 1979 A November 25, 1979 Belarus * 20 February 5, 1976 February 1977 Belgium may 19, 2004 June 18, 2004 Belize 14 November 2001 was 14 December 2001 Benin 31 July 2003 to August 30, 2003 Bhutan 16 January 1989 15 February 1989 Bolivia 22 January 2002 has February 21, 2002 Bosnia and Herzegovina 1 September 1993 S March 6, 1992 Botswana October 25, 2000 A November 24, 2000 Brazil * 7 June 1999 July 7, 1999 Brunei 13 November 1997 has 13 December 1997 Bulgaria 18 July 1974

February 20, 1977 Burkina Faso 1 October 2003 was 31 October 2003 Burundi * 17 December 1980 January 16, 1981 Cambodia 27 July 2006 was August 26, 2006 Cameroon 8 June 1992 has 8 July 1992 Canada * August 4, 1976 February 20, 1977 Cape - Verde 10 September 2002 was October 10, 2002 Chile 21 January 1977 has 20 February 1977 China * August 5, 1987 September 4, 1987 Hong Kong June 6, 1997 1 July 1997 Macao December 13, 1999 December 20

1999 Cyprus 24 December 1975 A February 20, 1977 Colombia * January 16, 1996 February 15, 1996 Comoros September 25, 2003 has 25 October 2003 Congo (Kinshasa) * 25 July 1977 has 24 August 1977 (North) Korea * 1 December 1982 December 31, 1982 (South) Korea 25 May 1983 has 24 June 1983 Costa Rica November 2, 1977 was December 2, 1977 Côte d'Ivoire 13 March 2002 April 12, 2002 Croatia 12 October 1992 S 8 October 1991 Cuba * 10 June 1998 to July 10, 1998 Denmark 1 July 1975 20 February 1977 Djibouti June 1, 2004 was 1 July 2004 Dominique 24 September 2004 October 24, 2004 Egypt 25 June 1986 has 25 July 1986 El El Salvador * August 8, 1980 September 7, 1980 UAE United 25 February 2003 has March 27, 2003 Ecuador 12 March 1975 February 20, 1977 Spain August 8, 1985 September 7, 1985 Estonia 21 October 1991 has 20 November 1991 United States *.

October 26, 1976 Ethiopia February 20, 1977 * 16 April 2003 May 16, 2003 Fiji 15 May 2008 has 14 June 2008 Finland * October 31, 1978 30 November 1978 France * August 26, 2003 to September 25, 2003 Gabon 14 October 1981 was November 13, 1981 Georgia 18 February 2004 was March 19, 2004 Ghana * 25 April 1975 February 20, 1977 Greece July 3, 1984 has 2 August 1984 Granada 13 December 2001 has January 12, 2002 Guatemala 18 January

1983 17 February 1983 Guinea December 22, 2004 21 January 2005 Guinea - Bissau 6 August 2008 has 5 September 2008 Equatorial Guinea 7 February 2003 has March 9, 2003 Guyana 12 September 2007 October 12, 2007 Haiti 25 August 1980 has 24 September 1980 Honduras January 29, 2003 February 28, 2003 Hungary 26 March 1975 February 20, 1977 January 27, 2003 Marshall Islands has India February 26, 2003 * April 11, 1978 has 11 May 1978 Iran July 12

1978 A 11 August 1978 Iraq * 28 February 1978 A 30 March 1978 Ireland 30 June 2005 has July 30, 2005 Iceland 2 August 1977 1 September 1977 Israel * * 31 July 1980 30 August 1980 Italy * August 30, 1985 September 29, 1985 Jamaica * September 21, 1978 October 21, 1978 Japan 8 June 1987 has 8 July 1987 Jordan 18 December 1984 has 17 January 1985 Kazakhstan February 21, 1996 March 22, 1996 Kenya November 16, 2001 has

16 December 2001 Kyrgyzstan 2 October 2003 A November 1, 2003 Kiribati 15 September 2005 has October 15, 2005 Kuwait March 1, 1989 to March 31, 1989 Laos * 22 August 2002 September 21, 2002 Lesotho 6 November 2009 has 6 December 2009 Latvia 14 April 1992 14 May 1992 Lebanon 3 June 1997 has 3 July 1997 Liberia September 30, 1975 was February 20, 1977 Libya, on 25 September 2000 October 25, 2000 Liechtenstein * 28 November 1994 has

28 December 1994 Lithuania * October 23, 2002 22 November 2002 Luxembourg * may 10, 2006 June 9, 2006 Macedonia March 12, 1998 of November 17, 1991 Madagascar 24 September 2003 to October 24, 2003 Malaysia * September 24, 2003 has 24 October 2003 Malawi * 14 March 1977 13 April 1977 Maldives 21 August 1990 has 20 September 1990 Mali 12 April 2002 to May 12, 2002 Malta 11 November 2001 December 11, 2001 Morocco 9 January 2002 has

February 8, 2002 Maurice * September 24, 2003 October 24, 2003 Mauritania 9 February 1998 has 11 March 1998 Mexico April 22, 1980 has 22 May 1980 Micronesia 6 July 2004 August 5, 2004 Moldova September 8, 1997 October 8, 1997 Monaco 27 November 2002 has 27 December 2002 Mongolia * August 8, 1975 February 20, 1977 Montenegro, on October 23, 2006 S 3 June 2006 Mozambique * 14 January 2003 has


February 13, 2003 Myanmar * 4 June 2004 July 4, 2004 Nauru 2 August 2005 was 1 September 2005 Nepal 9 March 1990 8 April 1990 Nicaragua March 10, 1975 to February 20, 1977 Niger 17 June 1985 has 17 July 1985 Nigeria September 25, 2012 has 25 October 2012 Niue June 22, 2009 to July 22, 2009 Norway April 28, 1980 may 28, 1980 New Zealand * November 12, 1985 December 12, 1985 Cook Islands 12 November 1985 has 12 December 1985 Oman 22 March 1988 to April 21, 1988 Uganda 5 November 2003 December 5, 2003 Uzbekistan 19 January 1998 has 18 February 1998 Pakistan * 29 March 1976 A February 20, 1977 Palau November 14, 2001 December 14, 2001 Palestine January 2, 2015 was February 1, 2015 Panama June 17, 1980 has 17 July 1980 Papua New Guinea 30 September 2003 October 30, 2003 Paraguay 24 November 1975 February 20, 1977 Netherlands * * 6 December 1988 5 January

1989 Aruba 6 December 1988 January 5, 1989 Curacao 6 December 1988 has 5 January 1989 Caribbean (Bonaire, Sint Eustatius and Saba) part 6 December 1988 January 5, 1989 Sint Maarten 6 December 1988 has 5 January 1989 Peru * April 25, 1978 25 May 1978 Philippines 26 November 1976 was February 20, 1977 Poland, on December 14, 1982 13 January 1983 Portugal * 11 September 1995 October 11, 1995 Qatar 3 March 1997 has 2 April 1997 Republic Central African February 19, 2008 March 20, 2008 Dominican Republic 8 July 1977 has 7 August 1977 Czech Republic 22 February 1993 S January 1, 1993 Romania 15 August 1978 14 September 1978 United Kingdom * 2 May 1979 1 June 1979 Akrotiri and Dhekelia 2 May 1979 1 June 1979 Anguilla November 16, 1989 March 26, 1987 Bermuda 2 May 1979 1 June 1979 Gibraltar 2 May 1979 1 June 1979 Guernsey may 2, 1979 1 June 1979 Isle of Man

May 2, 1979 1 June 1979 Cayman Islands may 2, 1979 June 1, 1979 Falkland Islands and dependencies (South Georgia and the South Sandwich Islands) 2 May 1979 Islands Pitcairn (Henderson, Ducie, Oeno and Pitcairn) 1 June 1979 may 2, 1979 1 June 1979 Turks and Caicos 2 May 1979 June 1, 1979 British Virgin Islands 2 May 1979 June 1, 1979 Jersey 2 May 1979 1 June 1979 Montserrat may 2, 1979 June 1, 1979 Sainte-Hélène and dependencies (Ascension and Tristan da Cunha) may 2, 1979 1 June 1979 territory Antarctic British 2 May 1979 June 1, 1979 British territory in the Indian Ocean May 2, 1979 June 1, 1979 Russia 15 January 1976 February 20, 1977 Rwanda 29 November 1977 December 29, 1977 Saint - Kitts - and - Nevis, on July 28, 2008 is August 27, 2008 Saint - Marin December 16, 2014 has 15 January 2015 Holy See * 26 September 2012 October 26, 2012 Saint - Vincent and the Grenadines * September 12, 2000 October 12, 2000 Saint Lucia *.

November 12, 2012 to December 12, 2012 Sao Tome - and - principle 12 April 2006 has 12 May 2006 Senegal 7 April 2006 May 7, 2006 Serbia March 12, 2001 27 April 1992 Seychelles 29 May 1980 S has 28 June 1980 Sierra Leone 26 September 2003 has 26 October 2003 Singapore * may 2, 2008 June 1, 2008 Slovakia 28 May 1993 S January 1, 1993 Slovenia 6 July 1992 25 June 1991 Sudan 10 October 1994 was 9 November

Sri Lanka 27 February 1991 A 29 March 1991 Sweden July 1, 1975, 1994 February 20, 1977, Switzerland * March 5, 1985 April 4, 1985 Swaziland 4 April 2003 has 4 May 2003 Syria * 25 April 1988 25 May 1988 Tajikistan 19 October 2001 has 18 November 2001 Thailand * February 23, 2007 to March 25, 2007 Togo 30 December 1980 was January 29, 1981 Tonga 9 December 2002 has January 8, 2003 Trinidad and Tobago * June 15, 1979 has 15 July

1979 Tunisia * 21 January 1977 February 20, 1977 Turkmenistan 25 June 1999 has July 25, 1999 Turkey 11 June 1981 was 11 July 1981 Ukraine * 20 January 1976 February 20, 1977 Uruguay 13 June 1978 was 13 July 1978 Venezuela * 19 April 2005 19 May 2005 Viet Nam * may 2, 2002 June 1, 2002 Yemen (Aden) * February 9, 1987 March 11, 1987 * Reserves and declarations.* * ObjectionsLes reservations and declarations with the exception of the Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Internet site of the United Nations: http://treaties.un.org or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

For the Kingdom in Europe.

Statement Switzerland the Swiss federal Council interprets the articles 4 and 5, paragraph 1, of the convention in the sense that the Switzerland undertakes to fulfil the obligations which are contained in the conditions provided by its internal law.

1985 439 RO; FF 1984 I 689 RO 1985 438 RS 0.120 RO 1985 439, 1986 512, 1987-772, 1988 2076, 1990 1154, 2004 2985, 2005 4993, 2006 4205, 2008 621, 2009 3871, 2012 4205, 2015 683. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 1 al. the AF from 29 nov 1. 1984 (RO 1985 438) State on February 18, 2015

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