EUROPEAN CONVENTION ON THE REPATRIATION OF MINORS

Transcription

1 Europen Trety Series - No. 71 EUROPEAN CONVENTION ON THE REPATRIATION OF MINORS The Hgue, 28.V.1970

2 2 ETS The memer Sttes of the Counil of Europe, signtory hereto, Considering tht their lose unity is mnifested prtiulrly in inresed movements of persons; Considering tht lthough this generlly hs enefiil onsequenes, ertin prolems re nevertheless involved, in prtiulr when minor is in the territory of Stte ginst the will of those responsile for proteting his interests or when his presene in the territory of Stte is inomptile either with his own interests or those of tht Stte; Convined of the neessity for mutul o-opertion to enle suh minors to e ompulsorily trnsferred from one Stte to nother, Hve greed s follows: For the purposes of this Convention: the term minor shll men ny person not hving ttined his mjority under the lw pplile ording to the rules of privte interntionl lw of the requesting Stte nd who under this sme lw hs not the right himself to determine his own ple of residene; the term prentl uthority shll men the uthority devolving upon nturl or legl persons under the lw or y legl or dministrtive deision, to determine minor's ple of residene; the term reptrition shll men the trnsfer, in implementtion of this Convention, of minor from one Contrting Stte to nother Contrting Stte, whether or not the ltter is the Stte of whih he is ntionl. Convention shll pply to minors in the territory of Contrting Stte whose reptrition is requested y nother Contrting Stte for one of the following resons: the presene of the minor in the territory of the requested Stte is ginst the will of the person or persons hving prentl uthority in respet of him; the presene of the minor in the territory of the requested Stte is inomptile with mesure of protetion or re-edution tken in respet of him y the ompetent uthorities of the requesting Stte; the presene of the minor is neessry in the territory of the requesting Stte euse of the institution of proeedings there with view to tking mesures of protetion nd re-edution in respet of him. Convention shll lso pply to the reptrition of minors whose presene in its territory Contrting Stte deems to e inomptile with its own interests or with the interests of the minors onerned, provided tht its legisltion uthorises removl of the minor from its territory. Eh Contrting Stte shll designte entrl uthority to formulte, issue nd reeive requests for reptrition nd notify the Seretry Generl of the Counil of Europe of the uthority so designted. for the reptrition of minor for one of the resons set out in Artile 2, prgrph 1, shll e ddressed to the entrl uthority of the Stte to whih the minor is to e reptrited. the ompetent uthorities of tht Stte onsider tht the pplition is well founded nd resonle, the entrl uthority shll issue request for reptrition to the entrl uthority of the Stte of sojourn of the minor. deision shll e tken onerning request for reptrition until the minor, if his pity for disernment llows, hs een herd in person y ompetent uthority in the requested Stte. The requested Stte shll grnt ny request for reptrition whih is in onformity with the provisions of the present Convention nd grounded on Artile 2, prgrph 1, unless it exerises its right to refuse request in ordne with Artiles 7 nd 8. A request my e refused: if the minor, ording to the lw pplile under the rules of privte interntionl lw of the requested Stte, hs the right himself to determine his ple of residene, or if suh right follows from the ntionl lw of the requested Stte; if it is grounded on Artile 2, prgrph 1. nd is designed to sumit the minor to the uthority of person or persons who do not hve prentl uthority ording to the lw pplile under the rules of privte interntionl lw of the requested Stte or do not hve prentl uthority under the ntionl lw of the requested Stte; the requested Stte onsiders tht the requesting Stte is not ompetent to tke the mesures referred to in Artile 2, prgrph 1. nd ; if the minor is ntionl of the requested Stte; if the minor in question is ntionl of Stte whih is not Prty to the Convention, nd whose reptrition would not e omptile with the oligtions existing etween tht Stte nd the requested Stte. The requested Stte my, moreover, hving regrd to ll the spets of the se, refuse the request: The deision of the requested Stte on the request my e postponed: if, eing present in the territory of the requested Stte, the person or persons hving prentl uthority or those hving re of the minor, oppose reptrition; if the reptrition is onsidered y the requested Stte to e ontrry to the interests of the minor, in prtiulr when he hs effetive fmily or soil ties in tht Stte or when reptrition is inomptile with mesure of protetion or re-edution tken in the sid Stte. if the prentl uthority upon whih the request is sed is ontested on serious grounds; if it onsiders it neessry to proseute the minor for n offene or to require him to sumit to penl sntion involving deprivtion of lierty. If the request is grnted the ompetent uthorities in the requesting Stte nd the requested Stte shll gree s promptly s possile on the reptrition proedure. The requested Stte my tke suh provisionl mesures s seem neessry for the purpose of reptrition, in prtiulr pling the minor in home for juveniles. It my t ny time terminte these mesures whih shll, in ny se, e terminted fter the expirtion of period of 30 dys if the request hs not een grnted. The mesures in question re governed y the domesti lw of the requested Stte. In urgent ses, the entrl uthority in the requesting Stte my sk tht the provisionl mesures mentioned in Artile 11 e tken efore the requested Stte hs reeived the request for reptrition. Suh mesures shll ese if the request for reptrition hs not een reeived within ten dys. Premle Setion I Generl informtion Artile 1 1 This Artile 2 Artile 3 Setion II Reptrition of minor on the request of stte other thn the stte of sojourn 1 Applitions 2 If 1 No Artile 4 Artile 5 sid uthority shll lso endevour to otin the views of those persons hving n interest in the deision, in prtiulr, those hving prentl uthority or those who, in the territory of the requested Stte, hve de fto ustody of the minor. This sertinment of views shll not tke ple in so fr s it is likely to prejudie the interests of the minor y reson of the dely whih it my use. Artile 6 Artile 7 if d e f Artile 8 Artile 9 Artile 10 Artile 11 Artile 12 Artile 13 if the requested Stte onsiders tht the reptrition of the minor would e ontrry to ordre puli;

3 3 ETS proseution my e initited or ontinued in the requesting Stte ginst person reptrited in ordne with the provisions of this setion for offenes ommitted prior to his reptrition, unless the requested Stte expressly onsents to suh proseution. Suh onsent shll lso e required in order to enfore penl sntion involving deprivtion of lierty or ny more severe sentene pssed in the requesting Stte efore reptrition. onsent referred to in prgrph 1 shll e governed y the rules regulting extrdition in the requested Stte or y suh other rule estlished there for the implementtion of this rtile. my not e withheld in ses where the requested Stte would e oliged to grnt extrdition, were extrdition to e requested. the ses provided for in Artile 2, prgrph 2, the Stte of sojourn of the minor my request nother Contrting Stte to gree to the reptrition of suh minor s hereinfter provided: when the person or persons hving prentl uthority re in nother Contrting Stte, the request shll e ddressed to tht other Stte; when the person or persons hving prentl uthority re in Stte whih is not prty to this Convention, the request shll e ddressed to the Contrting Stte where the minor hs his hitul residene; when it is not known in wht Stte the person or persons hving prentl uthority re to e found or when no one hs prentl uthority, the request shll e ddressed to the Contrting Stte where the minor hs his hitul residene or, if reptrition to tht Stte is not greed to or otherwise proves impossile, to the Contrting Stte of whih the minor is ntionl. provisions of prgrph 1 shll not ffet the powers whih Contrting Sttes enjoy under their own legisltion in respet of foreign ntionls. the requested Stte grees to reeive the minor the ompetent uthorities in the requesting Stte nd in the requested Stte shll gree s promptly s possile on the reptrition proedure. request relting to reptrition my e ompnied y request tht mesures e tken whih re deemed pproprite euse of the ondut, or the sitution, of the minor in the requesting Stte. The request my lso speify ll other onditions with whih the reptrition must omply. 1 No 3 Consent Setion III Reptrition on the request of the stte of sojourn Artile 14 1 In 1 If Artile 15

4 4 ETS requests relting to reptrition shll e sumitted in writing nd shll stte, in prtiulr: the nme of the issuing entrl uthority; the identity nd ntionlity of the minor whose reptrition is requested nd, if possile, his ddress in the requested Stte; the resons invoked in support of the request; if pplile, the uthority or person mking the pplition for reptrition s well s their legl reltions with the minor. ses grounded on Artile 2, prgrph 1, the request shll e ompnied, where pproprite, y the originl or ertified opy either of the doument proving prentl uthority exept where suh uthority derives diretly from lw, or of the deision ordering mesure of protetion or re-edution of the minor onerned or of the douments proving the neessity for the minor to pper t the proeedings in ourse in the requesting Stte nd the purpose of suh proeedings. the requested Stte onsiders tht the informtion supplied y the requesting Stte is not suffiient to enle it to deide on the request, it shll sk for the neessry dditionl informtion. It my fix time-limit for the reeipt of suh informtion. to prgrph 2 of this rtile, no trnsltion of requests or of the supporting douments shll e required. Contrting Stte my, when signing or depositing its instrument of rtifition, eptne or ession, y delrtion ddressed to the Seretry Generl of the Counil of Europe, reserve the right to stipulte tht requests nd supporting douments shll e ompnied y trnsltion into its own lnguge or one of its lnguges or into one of the offiil lnguges of the Counil of Europe or into suh one of those lnguges s it shll indite. The other Contrting Sttes my pply reiproity. rtile shll e without prejudie to ny provision onerning trnsltion of requests nd supporting douments ontined in greements or rrngements now in fore or whih my e onluded etween two or more Contrting Sttes. Evidene nd douments trnsmitted in onnetion with this Convention shll e exempt from ll formlities of leglistion. Setion IV Common provisions Artile 16 1 All 2 In 3 If 1 Sujet 2 Any 3 This d Artile 17 Artile 18

5 5 ETS trnsit of minor in proess of reptrition, in pursune of the present Convention, through the territory of Contrting Stte, shll e uthorised upon simple notifition, of whih there shll e written reord y the Stte from whih the reptrition is to e effeted. my e refused when: the minor is the sujet of riminl proseution in the Stte of trnsit or if he is required to sumit to penl sntion involving deprivtion of lierty or more severe penlty; the minor is ntionl of the Stte of trnsit. trnsit is not refused, the minor my neither e rrested nor detined in the Stte of trnsit for offenes ommitted efore his entry into tht Stte. Stte of trnsit shll seek to ensure tht the minor does not elude reptrition. Resons shll e given for ny refusl of reptrition or trnsit. Communitions etween entrl uthorities in onnetion with the implementtion of this Convention my e trnsmitted through the Interntionl Criminl Polie Orgnistion (Interpol). osts inurred in implementing this Convention shll e orne y: the requested Stte, if suh osts re inurred in its territory; the requesting Stte, in ll other ses. rtile shll not prevent the reovery of osts from the minor or other persons responsile for them. Convention shll e open to signture y the memer Sttes represented on the Committee of Ministers of the Counil of Europe. It shll e sujeted to rtifition or eptne. Instruments of rtifition or eptne shll e deposited with the Seretry Generl of the Counil of Europe. Convention shll enter into fore three months fter the dte of deposit of the third instrument of rtifition or eptne. respet of signtory Stte rtifying or epting susequently, the Convention shll ome into fore three months fter the dte of deposit of its instrument of rtifition or eptne. 1 The 2 Trnsit 3 If 4 The Artile 19 Artile 20 1 Any Artile 21 Artile 22 Setion1 V Finl luses Artile 23 1 This 3 In

6 6 ETS the entry into fore of this Convention, the Committee of Ministers of the Counil of Europe my invite ny non-memer Stte to ede thereto. ession shll e effeted y depositing with the Seretry Generl of the Counil of Europe n instrument of ession whih shll tke effet three months fter the dte of its deposit. Any Contrting Stte my, t the time of signture or when depositing its instrument of rtifition, eptne or ession, mke delrtion defining, s fr s it is onerned, the term ntionls s used in this Convention. Contrting Stte my, t the time of signture or when depositing its instrument of rtifition, eptne or ession, speify the territory or territories to whih this Convention shll pply. Contrting Stte my, when depositing its instrument of rtifition, eptne or ession or t ny lter dte, y delrtion ddressed to the Seretry Generl of the Counil of Europe, extend this Convention to ny other territory or territories speified in the delrtion nd for whose interntionl reltions it is responsile or on whose ehlf it is uthorised to give undertkings. delrtion mde in pursune of the preeding prgrph my, in respet of ny territory mentioned in suh delrtion, e withdrwn ording to the proedure lid down in Artile 29 of this Convention. to the provisions of prgrphs 3 nd 4 of this rtile, this Convention shll, in respet of the territories to whih it pplies, supersede the provisions of ny treties, onventions or ilterl greements etween Contrting Sttes governing the reptrition of minors for the resons speified in Artile 2, to the extent tht the Contrting Sttes my lwys vil themselves of the filities for reptrition provided for in this Convention. Convention shll not prevent reptrition or extrdition founded either on interntionl greements or onventions, or on the internl lw of the Stte in question. Sttes my onlude etween themselves ilterl or multilterl greements on mtters governed y this Convention; however, suh greements shll only e mde in order to supplement the provisions of this Convention or to filitte the pplition of the priniples ontined herein. Suh ilterl or multilterl greements or rrngements my provide, in prtiulr, for diret reltions etween ompetent ntionl uthorities. 1 After 2 Suh 1 Any 2 Any 3 Any 1 Sujet 3 Contrting Artile 24 Artile 25 Artile 26 Artile 27

7 7 ETS where two or more Contrting Sttes hve estlished or estlish reltions on the sis of uniform legisltion or speil system, these Sttes shll, notwithstnding the provisions of this Convention, e free to regulte their mutul reltions in this field exlusively in ordne with suh legisltion or system. Contrting Sttes whih, in ordne with this prgrph, exlude, s etween themselves, the pplition of this Convention, shll notify the Seretry Generl of the Counil of Europe ordingly. The Counil of Europe shll keep itself informed onerning the pplition of this Convention nd shll do whtever is needful to filitte friendly settlement of ny diffiulty whih my rise out of its exeution. Convention shll remin in fore indefinitely. Contrting Stte my, in so fr s it is onerned, denoune this Convention y mens of notifition ddressed to the Seretry Generl of the Counil of Europe. denunition shll tke effet six months fter the dte of reeipt y the Seretry Generl of suh notifition. The Seretry Generl of the Counil of Europe shll inform the memer Sttes represented on the Committee of Ministers of the Counil nd ny Stte whih hs eded to this Convention of: ny signture; ny deposit of n instrument of rtifition, eptne or ession; ny notifition reeived in ordne with Artile 3 of this Convention; ny dte of entry into fore of this Convention in ordne with Artile 23 thereof; delrtion reeived in ordne with Artile 25; notifition reeived in ordne with Artile 26; notifition reeived in ordne with Artile 27, prgrph 4; ny notifition reeived in pursune of Artile 29 nd the dte on whih the denunition tkes effet. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t The Hgue this 28th My 1970 in English nd in Frenh, oth texts eing eqully uthorittive, in single opy, whih shll remin deposited in the rhives of the Counil of Europe. The Seretry Generl shll trnsmit ertified opies to eh of the signtory nd eding governments. 4 Furthermore, Artile 28 1 This 2 Any 3 Suh Artile 29 Artile 30 d e ny f ny g ny h