sou · H7B349 · 2019-11-26 00:00:00 — 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. CETS 196 – Prevention of Terrorism, 16.V.2005 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. Article 19 – Extradition 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. CETS 196 – Prevention of Terrorism, 16.V.2005 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. 7Where a Party does not extradite a person in application of this reservation, after receiving an extradition request from another Party, it shall submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution, unless the requesting Party and the requested Party agree otherwise. The competent authorities, for the purpose of prosecution in the requested Party, shall take their decision in the same as in the case of any offence of a grave nature under the law of that Party. The requested Party shall communicate, without undue delay, the final outcome of the proceedings to the requesting Party and to the Secretary General of , who shall forward it to the Consultation of the Parties provided for in Article 30. CETS 196 – Prevention of Terrorism, 16.V.2005 8The decision to refuse the extradition request on the basis of this reservation shall be forwarded promptly to the requesting Party. If within a reasonable time no judicial decision on the merits has been taken in the requested Party according to paragraph 7, the requesting Party may communicate this fact to the Secretary General of , who shall submit the matter to the Consultation of the Parties provided for in Article 30. This Consultation shall consider the matter and issue an opinion on the conformity of the refusal with the Convention and shall submit it to for the purpose of issuing a declaration thereon. When performing its functions under this paragraph, shall meet in its composition restricted to the States Parties. Article 21 – Discrimination 1Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested Party has substantial grounds for believing that the request for extradition for offences set forth in Articles 5 to 7 and 9 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person’s position for any of these reasons. 2Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the person who is the subject of the extradition request risks being exposed to torture or to inhuman or degrading treatment or punishment. 3Nothing in this Convention shall be interpreted either as imposing an obligation to extradite if the person who is the subject of the extradition request risks being exposed to the death penalty or, where the law of the requested Party does not allow for life imprisonment, to life imprisonment without the possibility of parole, unless under applicable extradition treaties the requested Party is under the obligation to extradite if the requesting Party gives such as the requested Party considers sufficient that the death penalty will not be imposed or, where imposed, will not be carried out, or that the person concerned will not be subject to life imprisonment without the possibility of parole. Article 22 – Spontaneous information 1Without prejudice to their own investigations or proceedings, the competent authorities of a Party may, without prior request, forward to the competent authorities of another Party information obtained within the framework of their own investigations, when they consider that the disclosure of such information might assist the Party receiving the information in initiating or carrying out investigations or proceedings, or might lead to a request by that Party under this Convention. 2The Party providing the information may, pursuant to its national law, impose conditions on the use of such information by the Party receiving the information. 3The Party receiving the information shall be bound by those conditions. 4However, any Party may, at any time, by means of a declaration addressed to the Secretary General of , declare that it reserves the right not to be bound by the conditions imposed by the Party providing the information under paragraph 2 above, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission. CETS 196 – Prevention of Terrorism, 16.V.2005 Article 23 – Signature and entry into force 1This Convention shall be open for signature by the member States of , Community and by non-member States which have participated in its elaboration. 2This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of . 3This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which six Signatories, including at least four member States of , have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2. 4In respect of any Signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 2. Article 24 – Accession to the Convention 1After the entry into force of this Convention, , after consulting with and obtaining the unanimous consent of the Parties to the Convention, may invite any State which is not a member of has not participated in its elaboration to accede to this convention. The decision shall be taken by the majority provided for in Article 20.d of the Statute of the unanimous vote of the representatives of the Parties entitled to sit on . 2In respect of any State acceding to the convention under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of . Article 25 – Territorial application 1Any State or Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2Any Party may, at any later date, by a declaration addressed to the Secretary General of , extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General. 3Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of . The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. CETS 196 – Prevention of Terrorism, 16.V.2005 Article 26 – Effects of the Convention 1The present Convention supplements applicable multilateral or bilateral treaties or agreements between the Parties, including the provisions of the following treaties: –European Convention on Extradition, opened for signature, in , on (ETS No. –European Convention on Mutual Assistance in Criminal Matters, opened for signature, in , on (ETS No. –European Convention on the Suppression of Terrorism, opened for signature, in , on 27 January 1977 (ETS No. –Additional Protocol to Convention on Mutual Assistance in Criminal Matters, opened for signature in on 17 1978 (ETS No. –Second Additional Protocol to Convention on Mutual Assistance in Criminal Matters, opened for signature in on (ETS No. –Protocol amending Convention on the Suppression of Terrorism, opened for signature in on 15 2003 (ETS No. 2If two or more Parties have already concluded an agreement or treaty on the matters dealt with in this Convention or have otherwise established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to regulate those relations accordingly. However, where Parties establish their relations in respect of the matters dealt with in the present Convention other than as regulated therein, they shall do so in a that is not inconsistent with the Convention’s objectives and principles. 3Parties which are members of Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules governing the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other Parties. (1)Note by the Secretariat: See the Declaration formulated by Community and the Member States of Union upon the adoption of the Convention by , on 3 2005: “Community/European Union and its Member States reaffirm that their objective in requesting the inclusion of a “disconnection ” is to take account of the institutional structure of the Union when acceding to international conventions, in particular in case of transfer of sovereign powers from the Member States to the Community. This is not aimed at reducing the rights or increasing the obligations of a non-European Union Party vis-à-vis Community/European Union and its Member States, inasmuch as the latter are also parties to this Convention. The disconnection is necessary for those parts of the Convention which fall within the competence of the Community/Union, in order to indicate that European Union Member States cannot invoke and apply the rights and obligations deriving from the Convention directly among themselves (or between themselves and Community/Union). This does not detract from the fact that the Convention applies fully between Community/European Union and its Member States on the one hand, and the other Parties to the Convention, on the other; the Community and Union Members States will be bound by the Convention and will apply it like any Party to the Convention, if necessary, through Community/Union legislation. They will thus guarantee the full respect of the Convention’s provisions vis-à-vis non-European Union Parties.” CETS 196 – Prevention of Terrorism, 16.V.2005 4Nothing in this Convention shall affect other rights, obligations and responsibilities of a Party and individuals under international law, including international humanitarian law. 5The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities undertaken by military forces of a Party in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention. Article 27 – Amendments to the Convention 1Amendments to this Convention may be proposed by any Party, or the Consultation of the Parties. 2Any proposal for amendment shall be communicated by the Secretary General of to the Parties. 3Moreover, any amendment proposed by a Party or shall be communicated to the Consultation of the Parties, which shall submit to its opinion on the proposed amendment. 4The shall consider the proposed amendment and any opinion submitted by the Consultation of the Parties and may approve the amendment. 5The text of any amendment approved by in accordance with paragraph 4 shall be forwarded to the Parties for acceptance. 6Any amendment approved in accordance with paragraph 4 shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof. Article 28 – Revision of the Appendix 1In order to update the list of treaties in the Appendix, amendments may be proposed by any Party or by . These proposals for amendment shall only concern treaties concluded within the United Nations system dealing specifically with international terrorism and having entered into force. They shall be communicated by the Secretary General of to the Parties. 2After having consulted the non-member Parties, may adopt a proposed amendment by the majority provided for in Article 20.d of the Statute of . The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Parties. During this period, any Party may notify the Secretary General of objection to the entry into force of the amendment in respect of that Party. 3If one third of the Parties notifies the Secretary General of objection to the entry into force of the amendment, the amendment shall not enter into force. 4If less than one third of the Parties notifies an objection, the amendment shall enter into force for those Parties which have not notified an objection. 5Once an amendment has entered into force in accordance with paragraph 2 and a Party has notified an objection to it, this amendment shall come into force in respect of the Party concerned on the first day of the month following the date on which it notifies the Secretary General of acceptance. Article 29 – Settlement of disputes CETS 196 – Prevention of Terrorism, 16.V.2005 In the event of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties to the dispute, or to the International Court of , as agreed upon by the Parties concerned. Article 30 – Consultation of the Parties 1The Parties shall consult periodically with a view to: a making proposals to facilitate or improve the effective use and implementation of this Convention, including the identification of any problems and the effects of any declaration made under this Convention; b formulating its opinion on the conformity of a refusal to extradite which is referred to them in accordance with Article 20, paragraph 8; c making proposals for the amendment of this Convention in accordance with Article 27; d formulating their opinion on any proposal for the amendment of this Convention which is referred to them in accordance with Article 27, paragraph 3; eexpressing an opinion on any question concerning the application of this Convention and facilitating the exchange of information on significant legal, policy or technological developments. 2The Consultation of the Parties shall be convened by the Secretary General of whenever he finds it necessary and in any case when a majority of the Parties or request its convocation. 3The Parties shall be assisted by the Secretariat of in carrying out their functions pursuant to this article. Article 31 – Denunciation 1Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of . 2Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General. Article 32 – Notification The Secretary General of shall notify the member States of , Community, the non-member States which have participated in the elaboration of this Convention as well as any State which has acceded to, or has been invited to accede to, this Convention of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with Article 23; CETS 196 – Prevention of Terrorism, 16.V.2005 dany declaration made under Article 1, paragraph 2, 22, paragraph 4, and 25 ; eany other act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at , this 16th day of 2005, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of .