Key Benefits:
Original text
(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:
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:
1 RS 0.748.710.2
2 RS 0.748.710.3
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
(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:
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.
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.
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.
The Secretary General of the Council of Europe shall notify the member states of the Council of:
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)
States Parties |
Ratification Statement of Succession (S) |
Entry into force |
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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. |
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** |
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. |
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A |
Date of deposit of the instrument of ratification of the Czech and Slovak Federal Republic. |
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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).