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RS 0.353.3 European Convention of 27 January 1977 for the Suppression of Terrorism

Original Language Title: RS 0.353.3 Convention européenne du 27 janvier 1977 pour la répression du terrorisme

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0.353.3

Original text

European Convention for the Suppression of Terrorism

Conclue in Strasbourg on 27 January 1977
Approved by the Federal Assembly on December 14, 1982 1
Instrument of ratification deposited by Switzerland on 19 May 1983
Entry into force for Switzerland 20 August 1983

(Status on 25 March 2014)

The member States of the Council of Europe, signatories to this Convention,

Whereas the aim of the Council of Europe is to achieve a closer union among its members;

Aware of the growing concern caused by the proliferation of terrorist acts;

Wishing that effective measures be taken to ensure that the perpetrators of such acts do not escape prosecution and punishment;

Convinced that extradition is a particularly effective means of achieving this outcome,

Agreed to the following:

Art. 1

For the purposes of extradition between Contracting States, none of the offences listed below will be regarded as a political offence, as an offence connected with a political offence or as an offence inspired by Political motives:

A.
The offences included in the scope of the Convention for the Suppression of Unlawful Seizage of Aircraft, signed at The Hague on 16 December 1970 1 ;
B.
Offences included in the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 2 ,
C.
Serious offences consisting of an attack on the life, bodily integrity or liberty of persons entitled to international protection, including diplomatic agents;
D.
Offences involving the abduction, hostage-taking or arbitrary sequestration;
E.
Offences involving the use of bombs, grenades, rockets, automatic firearms, or letters or parcels to the extent that such use poses a danger to persons;
F.
The attempt to commit any of the above offences or the participation as co-author or accomplice of a person who commits or attempts to commit such an offence.

Art. 2

1. For the purposes of extradition between Contracting States, a Contracting State may not regard as a political offence, as an offence connected with such an offence or as an offence inspired by political motives, any serious act Of violence not referred to in Article 1 Er Which is directed against the life, the bodily integrity or the freedom of persons.

2. The same shall apply to any serious act against property, other than those referred to in Article 1 Er , when it created a collective danger for people.

3. The same shall apply to the attempt to commit any of the above offences or the participation as co-author or accomplice of a person who commits or attempts to commit such an offence.

Art. 3

The provisions of all treaties and extradition agreements applicable between Contracting States, including the European Convention on Extradition 1 , are in respect of relations between the amended Contracting States to the extent that they are incompatible with this Convention.


Art. 4

For the purposes of this Convention and as long as one of the offences referred to in Articles 1 or 2 does not appear on the list of extradition cases in a treaty or extradition convention in force between the Contracting States, it shall be Considered to be included.

Art. 5

Nothing in this Convention shall be construed as implying an obligation to extradite if the Requested State has serious grounds to believe that the request for extradition in respect of an offence referred to in Article 1 or 2 has been For the purpose of prosecuting or punishing a person for reasons of race, religion, nationality or political opinion or that the situation of that person may be aggravated for any of these reasons.

Art. 6

1. Any Contracting State shall take the measures necessary to establish its jurisdiction for the purposes of an infringement referred to in Article 1 Er In the case where the alleged offender is on its territory and where the State does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction to prosecute is based on an existing rule of jurisdiction Also in the legislation of the requested State.

2. This Convention shall not exclude any criminal jurisdiction exercised in accordance with national laws.

Art. 7

A State Contractant in whose territory the author suspected of an offence referred to in Article 1 is discovered and who has received a request for extradition under the conditions mentioned in Article 6, paragraph 1, submits, if he does not extradite him The author suspected of the offence, the case without any exception and without undue delay, to his competent authorities for the exercise of criminal proceedings. These authorities shall take their decision under the same conditions as for any offence of a serious nature in accordance with the laws of that State.

Art. 8

1. The Contracting States shall afford the widest possible judicial assistance in criminal matters in any proceedings relating to the offences referred to in Article 1 Er Or 2.

In all cases, the applicable law with regard to mutual assistance in criminal matters is that of the requested State. However, mutual legal assistance may not be refused on the sole ground that it relates to a political offence or an offence connected with such an offence or an offence inspired by political motives.

2. Nothing in this Convention shall be interpreted as implying an obligation to grant mutual legal assistance if the requested State has serious grounds for believing that the request for mutual assistance is motivated by an offence referred to in Article 1 Er Or 2 has been submitted for the purpose of prosecuting or punishing a person for reasons of race, religion, nationality or political opinion or that the situation of that person may be aggravated for any of these reasons.

3. The provisions of all treaties and mutual assistance agreements in criminal matters between the Contracting States, including the European Convention on Mutual Assistance in Criminal Matters 1 , are in respect of relations between the amended Contracting States to the extent that they are incompatible with this Convention.


Art.

The European Committee for Crime Problems of the Council of Europe shall monitor the implementation of this Convention.

2. It facilitates as much as necessary the amicable settlement of any difficulty in which the implementation of the Convention would give rise.

Art. 10

1. Any dispute between Contracting States concerning the interpretation or application of this Convention which has not been settled under Article 9, paragraph 2, shall, at the request of one of the Parties to the dispute, be submitted to Arbitration. Each Party shall appoint an arbitrator and the two arbitrators shall appoint a third arbitrator. If, within three months of the request for arbitration, one of the Parties has not made the appointment of an arbitrator, the arbitrator shall be appointed at the request of the other Party by the President of the European Court of Human Rights. If the President of the European Court of Human Rights is a national of one of the Parties to the dispute, the appointment of the arbitrator shall be the responsibility of the Vice-President of the Court or, if the Vice-President is a national of one of the Parties to the Dispute, to the oldest member of the Court who is not a national of one of the Parties to the dispute. The same procedure would apply in the event that the two arbitrators could not agree on the choice of the third arbitrator.

2. The arbitral tribunal shall decide its proceedings. Its decisions will be taken by a majority. His sentence will be final.

Art. 11

This Convention shall be open for signature by the member States of the Council of Europe. It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

3. It shall enter into force in respect of any signatory State ratifying, accepting or approving it at a later date, three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Art. 12

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or approval, designate the territory or territories to which this Convention shall apply.

(2) Any State may, at the time of the deposit of its instrument of ratification, acceptance or approval or at any other time thereafter, extend the application of this Convention by declaration addressed to the Secretary General of the Council of Europe, in any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.

3. Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect immediately or at a later date specified in the notification.

Art. 13

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition in respect of any offence listed in the article 1 which it considers to be a political offence, such as an offence connected with a political offence or as an offence inspired by political motives, provided that it undertakes to take due account, when assessing the Character of the offence, its particular gravity, including:

A.
It has created a collective danger to the life, bodily integrity or freedom of individuals; or
B.
It has reached people from outside the mobile who inspired it; or
C.
That cruel or perfides have been used for its realization.

2. Any State may withdraw, in whole or in part, a reservation made by it under the preceding paragraph, by means of a declaration addressed to the Secretary General of the Council of Europe and which shall take effect on the date of its receipt.

(3) A State which has made a reservation under paragraph 1 of that Article shall not be entitled to the application of Article 1 by another State; however, it may, if the reservation is partial or conditional, claim the application of that provision. To the extent that he himself accepted it.

Art. 14

Any Contracting State may denounce this Convention by written notification to the Secretary General of the Council of Europe. Such denunciation shall take effect immediately or at a later date specified in the notification.

Art. 15

The Convention shall cease to have effect in respect of any Contracting State which withdraws from or ceases to belong to the Council of Europe.

Art. 16

The Secretary General of the Council of Europe shall notify the member states of the Council of:

A.
Any signature;
B.
Deposit of any instrument of ratification, acceptance or approval;
C.
Any date of entry into force of this Convention in accordance with Article 11 thereof;
D.
Any declaration or notification received pursuant to the provisions of Article 12;
E.
Any reservation made pursuant to article 13, paragraph 1;
F.
The withdrawal of any reservation made pursuant to paragraph 2 of Article 13;
G.
Any notification received under Article 14 and the date on which the denunciation becomes effective;
H.
Any termination of the effects of the Convention under Article 15.

In witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, on 27 January 1977, in English and in 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 shall transmit certified copies to each of the signatory States.

(Suivent signatures)

Scope of application on 25 March 2014 2

States Parties

Ratification Statement of Succession (S)

Entry into force

Albania

21 September

2000

22 December

2000

Germany * **

3 May

1978

August 4

1978

Armenia

23 March

2004

24 June

2004

Austria

August 11

1977

August 4

1978

Azerbaijan *

February 11

2004

12 May

2004

Belgium * **

October 31

1985

1 Er February

1986

Bosnia and Herzegovina

3 October

2003

4 January

2004

Bulgaria

17 February

1998

18 May

1998

Cyprus *

26 February

1979

27 May

1979

Croatia *

15 January

2003

April 16

2003

Denmark *

27 June

1978

28 September

1978

Spain

20 May

1980

August 21

1980

Estonia *

March 27

1997

28 June

1997

Finland

February 9

1990

10 May

1990

France *

21 September

1987

22 December

1987

Georgia *

14 December

2000

15 March

2001

Greece *

August 4

1988

5 November

1988

Hungary *

6 May

1997

7 August

1997

Ireland

21 February

1989

22 May

1989

Iceland *

July 11

1980

12 October

1980

Italy *

28 February

1986

1 Er June

1986

Latvia

20 April

1999

July 21

1999

Liechtenstein

13 June

1979

September 14

1979

Lithuania

7 February

1997

8 May

1997

Luxembourg

11 September

1981

12 December

1981

Macedonia

29 November

2004

1 Er March

2004

Malta *

19 March

1996

20 June

1996

Moldova

23 September

1999

24 December

1999

Monaco *

18 September

2007

1 Er January

2008

Montenegro

6 June

2006 S

6 June

2006

Norway

10 January

1980

April 11

1980

Netherlands *

18 April

1985

19 July

1985

Aruba

10 February

2006

10 February

2006

Caribbean (Bonaire, Sint Eustatius and Saba)

10 October

2010

10 October

2010

Poland

30 January

1996

1 Er May

1996

Portugal *

14 December

1981

15 March

1982

Czech Republic A

15 April

1992

1 Er January

1993

Romania

2 May

1997

August 3

1997

United Kingdom *

24 July

1978

25 October

1978

Gibraltar

21 November

1988

21 November

1988

Guernsey

24 July

1978

25 October

1978

Isle of Man

24 July

1978

25 October

1978

Jersey

24 July

1978

25 October

1978

Russia *

4 November

2000

5 February

2001

San Marino *

April 17

2002

18 July

2002

Serbia *

15 May

2003

August 16

2003

Slovakia A

15 April

1992

1 Er January

1993

Slovenia

29 November

2000

1 Er March

2001

Sweden *

September 15

1977

August 4

1978

Switzerland

19 May

1983

August 20

1983

Turkey

19 May

1981

August 20

1981

Ukraine

13 March

2002

14 June

2002

*

Reservations and declarations.

**

Objections.

Reservations, declarations and objections are not published in the RO. The texts in English and French can be consulted at the website of the Council of Europe:

www.conventions.coe.int/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

Date of deposit of the instrument of ratification of the Czech and Slovak Federal Republic.


RO 1983 1041; FF 1982 II 1


1 RO 1983 1040
2 RO 1983 1041, 1985 1488, 1986 474, 1987 775, 1989 166, 1990 1156, 2004 3663, 2006 4247, 2009 603, 2014 801. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status January 5, 2009