prop · GX0378 · 2009-12-21 00:00:00 — 2.mordbrand, grov mordbrand, allmänfarlig ödeläggelse, kapning, sjö- eller luftfartssabotage eller flygplatssabotage enligt 13 kap. 1, 2, 3, 5 a eller 5 b § , om brottet innefattar sabotage enligt 4 § samma kapitel, 3.uppror, väpnat hot mot laglig ordning, olovlig kårverksamhet eller brott mot medborgerlig frihet enligt 18 kap. 1, 3, 4 eller 5 § , 4.högförräderi, krigsanstiftan, spioneri, grovt spioneri, obehörig befattning med hemlig uppgift, grov obehörig befattning med hemlig uppgift eller olovlig underrättelseverksamhet enligt 19 kap. 1, 2, 5, 6, 7, 8 eller 10 § , 5.företagsspioneri enligt 3 § lagen (1990:409) om skydd för företagshemlighe- ter, om det finns anledning att anta att gärningen har begåtts på uppdrag av eller har understötts av en främmande makt eller av någon som har agerat för en främmande makts räkning, 6.terroristbrott enligt 2 § lagen (2003:148) om straff för terroristbrott, brott enligt 3 § lagen (2002:444) om straff för finansiering av särskilt allvarlig brotts- lighet i vissa fall eller brott enligt lagen (2010:000) om straff för offentlig upp- maning, rekrytering och utbildning avseende terroristbrott och annan särskilt Prop. 2009/10:78 allvarlig brottslighet, eller 7. försök, förberedelse eller stämpling till brott som avses i 16, om sådan gär- ning är belagd med straff. I paragrafen har brott enligt den föreslagna lagstiftningen lagts till i punkten 6. Det betyder att dessa brott kommer att omfattas av tillämp- ningsområdet för lagen (2008:854) om åtgärder för att utreda vissa sam- hällsfarliga brott. Skälen för ändringen har behandlats i avsnitt 8.5. Därutöver har en redaktionell felaktighet avseende namnet på lagen (2003:148) om straff för terroristbrott korrigerats. on the Prevention of Terrorism The member States of other Signatories hereto, Considering that the aim of is to achieve greater unity between its members; Recognising the value of reinforcing co-operation with the other Parties to this Convention; Wishing to take effective measures to prevent terrorism and to counter, in particular, public provocation to commit terrorist offences and recruitment and training for terrorism; Aware of the grave concern caused by the increase in terrorist offences and the growing terrorist threat; Aware of the precarious situation faced by those who suffer from terrorism, and in this connection reaffirming their profound solidarity with the victims of terrorism and their families; Recognising that terrorist offences and the offences set forth in this Convention, by whoever perpetrated, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature, and recalling the obligation of all Parties to prevent such offences and, if not prevented, to prosecute and ensure that they are punishable by penalties which take into account their grave nature; Recalling the need to strengthen the fight against terrorism and reaffirming that all measures taken to prevent or suppress terrorist offences have to respect the rule of law and democratic values, human rights and fundamental freedoms as well as other provisions of international law, including, where applicable, international humanitarian law; Recognising that this Convention is not intended to affect established principles relating to freedom of expression and freedom of association; Recalling that acts of terrorism have the purpose by their nature or context to seriously intimidate a population or unduly compel a government or an international organisation to perform or abstain from performing any act or seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation; agreed as follows: 1For the purposes of this Convention, "terrorist offence" means any of the offences within the scope of and as defined in one of the treaties listed in the Appendix. 2On depositing its instrument of ratification, acceptance, approval or accession, a State or Community which is not a party to a treaty listed in the Appendix may declare that, in the application of this Convention to the Party concerned, that treaty shall be deemed not to be included in the Appendix. This declaration shall cease to have effect as soon as the treaty enters into force for the Party having made such a declaration, which shall notify the Secretary General of entry into force. The purpose of the present Convention is to enhance the efforts of Parties in preventing terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, both by measures to be taken at national level and through international co- operation, with due regard to the existing applicable multilateral or bilateral treaties or agreements between the Parties. Article 3 National prevention policies 1Each Party shall take appropriate measures, particularly in the field of training of law enforcement authorities and other bodies, and in the fields of education, culture, information, media and public awareness raising, with a view to preventing terrorist offences and their negative effects while respecting human rights obligations as set forth in, where applicable to that Party, the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other obligations under international law. 2Each Party shall take such measures as may be necessary to improve and develop the co- operation among national authorities with a view to preventing terrorist offences and their negative effects by, inter alia: a exchanging information; b improving the physical protection of persons and facilities; c enhancing training and coordination plans for civil emergencies. 3Each Party shall promote tolerance by encouraging inter-religious and cross-cultural dialogue involving, where appropriate, non-governmental organisations and other elements of civil society with a view to preventing tensions that might contribute to the commission of terrorist offences. 4Each Party shall endeavour to promote public awareness regarding the existence, causes and gravity of and the threat posed by terrorist offences and the offences set forth in this Convention and consider encouraging the public to provide factual, specific help to its competent authorities that may contribute to preventing terrorist offences and offences set forth in this Convention. Article 4 International co-operation on prevention Parties shall, as appropriate and with due regard to their capabilities, assist and support each other with a view to enhancing their capacity to prevent the commission of terrorist offences, including through exchange of information and best practices, as well as through training and other joint efforts of a preventive character. Article 5 Public provocation to commit a terrorist offence 1For the purposes of this Convention, "public provocation to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of a terrorist offence, where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed. 2Each Party shall adopt such measures as may be necessary to establish public provocation to commit a terrorist offence, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law. Article 6 Recruitment for terrorism 1For the purposes of this Convention, "recruitment for terrorism" means to solicit another person to commit or participate in the commission of a terrorist offence, or to join an association or group, for the purpose of contributing to the commission of one or more terrorist offences by the association or the group. 2Each Party shall adopt such measures as may be necessary to establish recruitment for terrorism, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law. Article 7 Training for terrorism 1For the purposes of this Convention, "training for terrorism" means to provide instruction in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, for the purpose of carrying out or contributing to the commission of a terrorist offence, knowing that the skills provided are intended to be used for this purpose. 2Each Party shall adopt such measures as may be necessary to establish training for terrorism, as defined in paragraph 1, when committed unlawfully and intentionally, as a criminal offence under its domestic law. Article 8 Irrelevance of the commission of a terrorist offence For an act to constitute an offence as set forth in Articles 5 to 7 of this Convention, it shall not be necessary that a terrorist offence be actually committed. Article 9 Ancillary offences 1Each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law: aParticipating as an accomplice in an offence as set forth in Articles 5 to 7 of this Convention; bOrganising or directing others to commit an offence as set forth in Articles 5 to 7 of this Convention; cContributing to the commission of one or more offences as set forth in Articles 5 to 7 of this Convention by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: ibe made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in Articles 5 to 7 of this Convention; or iibe made in the knowledge of the intention of the group to commit an offence as set forth in Articles 5 to 7 of this Convention. 2Each Party shall also adopt such measures as may be necessary to establish as a criminal offence under, and in accordance with, its domestic law the attempt to commit an offence as set forth in Articles 6 and 7 of this Convention. Article 10 Liability of legal entities 1Each Party shall adopt such measures as may be necessary, in accordance with its legal principles, to establish the liability of legal entities for participation in the offences set forth in Articles 5 to 7 and 9 of this Convention. 2Subject to the legal principles of the Party, the liability of legal entities may be criminal, civil or administrative. 3Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences. Article 11 Sanctions and measures 1Each Party shall adopt such measures as may be necessary to make the offences set forth in Articles 5 to 7 and 9 of this Convention punishable by effective, proportionate and dissuasive penalties. 2Previous final convictions pronounced in foreign States for offences set forth in the present Convention may, to the extent permitted by domestic law, be taken into account for the purpose of determining the sentence in accordance with domestic law. 3Each Party shall ensure that legal entities held liable in accordance with Article 10 are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions. Article 12 Conditions and safeguards 1Each Party shall ensure that the , implementation and application of the criminalisation under Articles 5 to 7 and 9 of this Convention are carried out while respecting human rights obligations, in particular the right to freedom of expression, freedom of association and freedom of religion, as set forth in, where applicable to that Party, the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and other obligations under international law. 2The , implementation and application of the criminalisation under Articles 5 to 7 and 9 of this Convention should furthermore be subject to the principle of proportionality, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discriminatory or racist treatment. Article 13 Protection, compensation and support for victims of terrorism Each Party shall adopt such measures as may be necessary to protect and support the victims of terrorism that has been committed within its own territory. These measures may include, through the appropriate national schemes and subject to domestic legislation, inter alia, financial assistance and compensation for victims of terrorism and their close family members. 1Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention: a when the offence is committed in the territory of that Party; bwhen the offence is committed on board a ship flying the flag of that Party, or on board an aircraft registered under the laws of that Party; cwhen the offence is committed by a national of that Party. 2 Each Party may also establish its jurisdiction over the offences set forth in this Convention: awhen the offence was directed towards or resulted in the carrying out of an offence referred to in Article 1 of this Convention, in the territory of or against a national of that Party; bwhen the offence was directed towards or resulted in the carrying out of an offence referred to in Article 1 of this Convention, against a State or government facility of that Party abroad, including diplomatic or consular premises of that Party; cwhen the offence was directed towards or resulted in an offence referred to in Article 1 of this Convention, committed in an attempt to compel that Party to do or abstain from doing any act; dwhen the offence is committed by a stateless person who has his or her habitual in the territory of that Party; ewhen the offence is committed on board an aircraft which is operated by the Government of that Party. 3Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention in the case where the alleged offender is present in its territory and it does not extradite him or her to a Party whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested Party. 4This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. 5When more than one Party claims jurisdiction over an alleged offence set forth in this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution. Article 15 Duty to investigate 1Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in this Convention may be present in its territory, the Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information. 2Upon being satisfied that the circumstances so warrant, the Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that persons presence for the purpose of prosecution or extradition. 3Any person in respect of whom the measures referred to in paragraph 2 are being taken shall be entitled to: acommunicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that persons rights or, if that person is a stateless person, the State in the territory of which that person habitually resides; bbe visited by a representative of that State; cbe informed of that persons rights under subparagraphs a. and b. 4The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the Party in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended. 5The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any Party having a claim of jurisdiction in accordance with Article 14, paragraphs 1.c and 2.d to invite to communicate with and visit the alleged offender. Article 16 Non application of the Convention This Convention shall not apply where any of the offences established in accordance with Articles 5 to 7 and 9 is committed within a single State, the alleged offender is a national of that State and is present in the territory of that State, and no other State has a basis under Article 14, paragraph 1 or 2 of this Convention, to exercise jurisdiction, it being understood that the provisions of Articles 17 and 20 to 22 of this Convention shall, as appropriate, apply in those cases. Article 17 International co-operation in criminal matters 1Parties shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal or extradition proceedings in respect of the offences set forth in Articles 5 to 7 and 9 of this Convention, including assistance in obtaining evidence in their possession necessary for the proceedings. 2Parties shall carry out their obligations under paragraph 1 in conformity with any treaties or other agreements on mutual legal assistance that may exist between them. In the absence of such treaties or agreements, Parties shall afford one another assistance in accordance with their domestic law. 3Parties shall co-operate with each other to the fullest extent possible under relevant law, treaties, agreements and arrangements of the requested Party with respect to criminal investigations or proceedings in relation to the offences for which a legal entity may be held liable in accordance with Article 10 of this Convention in the requesting Party. 4Each Party may give consideration to establishing additional mechanisms to share with other Parties information or evidence needed to establish criminal, civil or administrative liability pursuant to Article 10. Article 18 Extradite or prosecute 1The Party in the territory of which the alleged offender is present shall, when it has jurisdiction in accordance with Article 14, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that Party. Those authorities shall take their decision in the same as in the case of any other offence of a serious nature under the law of that Party. 2Whenever a Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that Party to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this Party and the Party seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1. 1The offences set forth in Articles 5 to 7 and 9 of this Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the Parties before the entry into force of this Convention. Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them. 2When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party may, if it so decides, consider this Convention as a legal basis for extradition in respect of the offences set forth in Articles 5 to 7 and 9 of this Convention. Extradition shall be subject to the other conditions provided by the law of the requested Party. 3Parties which do not make extradition conditional on the existence of a treaty shall recognise the offences set forth in Articles 5 to 7 and 9 of this Convention as extraditable offences between themselves, subject to the conditions provided by the law of the requested Party. 4Where necessary, the offences set forth in Articles 5 to 7 and 9 of this Convention shall be treated, for the purposes of extradition between Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the Parties that have established jurisdiction in accordance with Article 14. 5The provisions of all extradition treaties and agreements concluded between Parties in respect of offences set forth in Articles 5 to 7 and 9 of this Convention shall be deemed to be modified as between Parties to the extent that they are incompatible with this Convention. Article 20 Exclusion of the political exception 1None of the offences referred to in Articles 5 to 7 and 9 of this Convention, shall be regarded, for the purposes of extradition or mutual legal assistance, as a political offence, an offence connected with a political offence, or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives. 2Without prejudice to the application of Articles 19 to 23 of the Convention on the of Treaties of 23 1969 to the other Articles of this Convention, any State or Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession of the Convention, declare that it reserves the right to not apply paragraph 1 of this Article as far as extradition in respect of an offence set forth in this Convention is concerned. The Party undertakes to apply this reservation on a case-by-case basis, through a duly reasoned decision. 3Any Party may or partly withdraw a reservation it has made in accordance with paragraph 2 by means of a declaration addressed to the Secretary General of which shall become effective as from the date of its receipt. 4A Party which has made a reservation in accordance with paragraph 2 of this Article may not claim the application of paragraph 1 of this Article by any other Party; it may, however, if its reservation is partial or conditional, claim the application of this article in so far as it has itself accepted it. 5The reservation shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the Party concerned. However, such reservation may be renewed for periods of the same duration. 6Twelve months before the date of expiry of the reservation, the Secretary General of shall give notice of that expiry to the Party concerned. No later than three months before expiry, the Party shall notify the Secretary General of that it is upholding, amending or withdrawing its reservation. Where a Party notifies the Secretary General of that it is upholding its reservation, it shall provide an explanation of the grounds justifying its continuance. In the absence of notification by the Party concerned, the Secretary General of shall inform that Party that its reservation is considered to have been extended automatically for a period of six months. Failure by the Party concerned to notify its intention to uphold or modify its reservation before the expiry of that period shall cause the reservation to lapse.