Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p11
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
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Character Range: 25170–27837

The Ministry of Foreign Affairs of the Republic of Turkey presents its compliments to the Embassy of Australia and has the honour to acknowledge receipt of the Embassy's Note No. 028/95 dated 27 March 1995 which reads as follows:

"The Australian Embassy presents its compliments to the Ministry of Foreign Affairs of the Republic of Turkey and has the honour to inform the Ministry of the existence of an error in the English language version of the Treaty on Extradition between Australia and the Republic of Turkey done at Canberra on 3 March 1994 (hereinafter referred to as "the Treaty").

Article 2.1 of the Treaty reads in English as follows:

    "extraditable offences are offences punishable only by imprisonment for a maximum period of at least one year or by a more severe deprivation of liberty under the Laws of both Contracting Parties."

The Embassy has the honour to advise that this text contains an error in that the word "only" should not appear in Article 2.1.  The Turkish language version of the Treaty does not contain this error and therefore needs no correction.

In accordance with Article 79 (1) (b) of the Vienna Convention on the Law of Treaties the Embassy has the honour to propose that this error be corrected by the deletion of the word "only" from Article 2.1 of the English language version of the Treaty.

Article 2.1 of the Treaty shall thus read in the English language version as follows:

    "extraditable offences are offences punishable by the imprisonment for a maximum period of at least one year or by a more severe deprivation of liberty under the Laws of both Contracting Parties."

In view of the foregoing, the Embassy also has the honour to propose that the Contracting Parties to the Treaty agree to the following interpretations of the Treaty:

    The Contracting Parties shall in their application of the Treaty interpret Article 2.1 to mean that offences shall be considered extraditable offences if they are punishable by imprisonment for a maximum period of at least one year or by a more severe deprivation of liberty under the Laws of the Contracting Parties even if another kind of punishment may also exist for that offence under the laws of one or other or both of the Contracting Parties.

    The Contracting Parties shall in their application of the Treaty interpret the Treaty as corrected to mean that extradition may be refused if extradition is not permitted by the Law of the Requested Party by reason of the kind of punishment to which a person accused or convicted of an extraditable offence may be subject.

The Embassy of Australia has the honour to propose that, if the foregoing correction