Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p10
Version: federal_register_of_legislation:F2003B00239
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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 of the Treaty and the foregoing interpretations of the corrected version of the Treaty are acceptable to the Government of the Republic of Turkey, this Note and the Ministry of Foreign Affairs' confirmatory reply shall constitute an Agreement between the Government of Australia and the Government of the Republic of Turkey which shall enter into force on the date on which the Treaty enters into force.
This exchange of Notes shall not be interpreted as Turkey's accession to the Vienna Convention on the Law of Treaties of
23 May 1969.

The Australian Embassy avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Turkey the assurances of its highest consideration.

ANKARA
27 March 1995

Part 2 Note from the Ministry of Foreign Affairs of the Republic of Turkey to the Australian Embassy in Ankara

KKVM-I/AVUSTRALYA (GN) – 2753

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