Draft European Convention on the Suppression of Terrorism as amended by the 2003 Protocol *

Transcription

1 Drft Europen Convention on the Suppression of Terrorism s mended y the 2003 Protool * Strsourg, 27.II.1977 Europen Trety Series - No. 90 The memer Sttes of the Counil of Europe, signtory hereto, Considering tht the im of the Counil of Europe is to hieve greter unity etween its memers; Awre of the growing onern used y the inrese in ts of terrorism; Wishing to tke effetive mesures to ensure tht the perpetrtors of suh ts do not espe proseution nd punishment; Convined tht extrdition is prtiulrly effetive mesure for hieving this result, Hve greed s follows: Artile 1 (1) 1 For the purposes of extrdition etween Contrting Sttes, none of the following offenes shll e regrded s politil offene or s n offene onneted with politil offene or s n offene inspired y politil motives: n offene within the sope of the Convention for the Suppression of Unlwful Seizure of Airrft, signed t The Hgue on 16 Deemer 1970; n offene within the sope of the Convention for the Suppression of Unlwful Ats Aginst the Sfety of Civil Avition, onluded t Montrel on 23 Septemer 1971; (*) The Europen Convention on the Suppression of Terrorism, opened for signture y the memer Sttes of the Counil of Europe on 27 Jnury 1977, provides tht none of the offenes defined therein shll e regrded s politil for the purposes of extrdition. Following the terrorist ttks of 11 Septemer 2001, the Counil of Europe undertook revision of this Convention, in order to enhne its effetiveness. The Multidisiplinry Group on Interntionl Ation ginst Terrorism (GMT) ws set up nd prepred n Amending Protool thereto. This Protool ws opened for signture y the memer Sttes of the Counil of Europe on 15 My It will open the Convention to ession y non memer Sttes of the Counil of Europe, extend the list of offenes to e depolitiised, introdue speifi mendment proedures, restrit the possiilities of reservtions nd estlish follow-up mehnisms. This pge ontins the onsolidted text of the Convention s it will e mended y its Protool (ETS No. 190) t the time of its entry into fore. (1) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention

2 d e f g h i j n offene within the sope of the Convention on the Prevention nd Punishment of Crimes Aginst Interntionlly Proteted Persons, Inluding Diplomti Agents, dopted t New York on 14 Deemer 1973; n offene within the sope of the Interntionl Convention Aginst the Tking of Hostges, dopted t New York on 17 Deemer 1979; n offene within the sope of the Convention on the Physil Protetion of Nuler Mteril, dopted t Vienn on 3 Mrh 1980; n offene within the sope of the Protool for the Suppression of Unlwful Ats of Violene t Airports Serving Interntionl Civil Avition, done t Montrel on 24 Ferury 1988; n offene within the sope of the Convention for the Suppression of Unlwful Ats Aginst the Sfety of Mritime Nvigtion, done t Rome on 10 Mrh 1988; n offene within the sope of the Protool for the Suppression of Unlwful Ats Aginst the Sfety of Fixed Pltforms Loted on the Continentl Shelf, done t Rome on 10 Mrh 1988; n offene within the sope of the Interntionl Convention for the Suppression of Terrorist Bomings, dopted t New York on 15 Deemer 1997; n offene within the sope of the Interntionl Convention for the Suppression of the Finning of Terrorism, dopted t New York on 9 Deemer In so fr s they re not overed y the onventions listed under prgrph 1, the sme shll pply, for the purpose of extrdition etween Contrting Sttes, not only to the ommission of those prinipl offenes s perpetrtor ut lso to: the ttempt to ommit ny of these prinipl offenes; the prtiiption s n omplie in the perpetrtion of ny of these prinipl offenes or in n ttempt to ommit ny of them; orgnising the perpetrtion of, or direting others to ommit or ttempt to ommit, ny of these prinipl offenes. Artile 2 (1) 1 For the purpose of extrdition etween Contrting Sttes, Contrting Stte my deide not to regrd s politil offene or s n offene onneted with politil offene or s n offene inspired y politil motives serious offene involving n t of violene, other thn one overed y Artile 1, ginst the life, physil integrity or lierty of person. 2 The sme shll pply to serious offene involving n t ginst property, other thn one overed y Artile 1, if the t reted olletive dnger for persons. 3 The sme shll pply to: the ttempt to ommit ny of the foregoing offenes; (1) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 2

3 the prtiiption s n omplie in ny of the foregoing offenes or in n ttempt to ommit ny suh offene; orgnising the perpetrtion of, or direting others to ommit or ttempt to ommit, ny of the foregoing offenes. Artile 3 The provisions of ll extrdition treties nd rrngements pplile etween Contrting Sttes, inluding the Europen Convention on Extrdition, re modified s etween Contrting Sttes to the extent tht they re inomptile with this Convention. Artile 4 (1) 1 For the purpose of this Convention nd to the extent tht ny offene mentioned in Artile 1 or 2 is not listed s n extrditle offene in ny extrdition onvention or trety existing etween Contrting Sttes, it shll e deemed to e inluded s suh therein. Contrting Sttes undertke to onsider suh offenes s extrditle offenes in every extrdition trety susequently onluded etween them. 2 When Contrting Stte whih mkes extrdition onditionl on the existene of trety reeives request for extrdition from nother Contrting Stte with whih it hs no extrdition trety, the requested Contrting Stte my, t its disretion, onsider this Convention s legl sis for extrdition in reltion to ny of the offenes mentioned in Artiles 1 or 2. Artile 5 (1) 1 Nothing in this Convention shll e interpreted s imposing n oligtion to extrdite if the requested Stte hs sustntil grounds for elieving tht the request for extrdition for n offene mentioned in Artile 1 or 2 hs een mde for the purpose of proseuting or punishing person on ount of his re, religion, ntionlity or politil opinion, or tht tht person's position my e prejudied for ny of these resons. 2 Nothing in this Convention shll e interpreted s imposing n oligtion to extrdite if the person sujet of the extrdition request risks eing exposed to torture. 3 Nothing in this Convention shll e interpreted either s imposing n oligtion to extrdite if the person sujet of the extrdition request risks eing exposed to the deth penlty or, where the lw of the requested Stte does not llow for life imprisonment, to life imprisonment without the possiility of prole, unless under pplile extrdition treties the requested Stte is under the oligtion to extrdite if the requesting Stte gives suh ssurne s the requested Stte onsiders suffiient tht the deth penlty will not e imposed or, where imposed, will not e rried out, or tht the person onerned will not e sujet to life imprisonment without the possiility of prole. Artile 6 1 Eh Contrting Stte shll tke suh mesures s my e neessry to estlish its jurisdition over n offene mentioned in Artile 1 in the se where the suspeted offender is present in its territory nd it does not extrdite him fter reeiving request for extrdition from Contrting Stte whose jurisdition is sed on rule of jurisdition existing eqully in the lw of the requested Stte. (1) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 3

4 2 This Convention does not exlude ny riminl jurisdition exerised in ordne with ntionl lw. Artile 7 A Contrting Stte in whose territory person suspeted to hve ommitted n offene mentioned in Artile 1 is found nd whih hs reeived request for extrdition under the onditions mentioned in Artile 6, prgrph 1, shll, if it does not extrdite tht person, sumit the se, without exeption whtsoever nd without undue dely, to its ompetent uthorities for the purpose of proseution. Those uthorities shll tke their deision in the sme mnner s in the se of ny offene of serious nture under the lw of tht Stte. Artile 8 1 Contrting Sttes shll fford one nother the widest mesure of mutul ssistne in riminl mtters in onnetion with proeedings rought in respet of the offenes mentioned in Artile 1 or 2. The lw of the requested Stte onerning mutul ssistne in riminl mtters shll pply in ll ses. Nevertheless this ssistne my not e refused on the sole ground tht it onerns politil offene or n offene onneted with politil offene or n offene inspired y politil motives. 2 Nothing in this Convention shll e interpreted s imposing n oligtion to fford mutul ssistne if the requested Stte hs sustntil grounds for elieving tht the request for mutul ssistne in respet of n offene mentioned in Artile 1 or 2 hs een mde for the purpose of proseuting or punishing person on ount of his re, religion, ntionlity or politil opinion or tht tht person's position my e prejudied for ny of these resons. 3 The provisions of ll treties nd rrngements onerning mutul ssistne in riminl mtters pplile etween Contrting Sttes, inluding the Europen Convention on Mutul Assistne in Criminl Mtters, re modified s etween Contrting Sttes to the extent tht they re inomptile with this Convention. Artile 9 (1) The Contrting Sttes my onlude etween themselves ilterl or multilterl greements in order to supplement the provisions of this Convention or to filitte the pplition of the priniples ontined therein. Artile 10 (2) The Europen Committee on Crime Prolems (CDPC) is responsile for following the pplition of the Convention. The CDPC: shll e kept informed regrding the pplition of the Convention; shll mke proposls with view to filitting or improving the pplition of the Convention; (1) Artile s it will e dded ording to the provisions of the Protool of mendment to the Convention (2) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 4

5 d e f g shll mke reommendtions to the Committee of Ministers onerning the proposls for mendments to the Convention, nd shll give its opinion on ny proposls for mendments to the Convention sumitted y Contrting Stte in ordne with Artiles 12 nd 13; shll, t the request of Contrting Stte, express n opinion on ny question onerning the pplition of the Convention; shll do whtever is neessry to filitte friendly settlement of ny diffiulty whih my rise out of the exeution of the Convention; shll mke reommendtions to the Committee of Ministers onerning non-memer Sttes of the Counil of Europe to e invited to ede to the Convention in ordne with Artile 14, prgrph 3; shll sumit every yer to the Committee of Ministers of the Counil of Europe report on the follow-up given to this rtile in the pplition of the Convention. Artile 11 (1) 1 Any dispute etween Contrting Sttes onerning the interprettion or pplition of this Convention, whih hs not een settled either in the frmework of Artile 10.e or y negotition, shll, t the request of ny Prty to the dispute, e referred to ritrtion. Eh Prty shll nominte n ritrtor nd the ritrtors shll nominte referee. 2 In the se of disputes involving Prties whih re memer Sttes of the Counil of Europe, where Prty fils to nominte its ritrtor in pursune of prgrph 1 of this rtile within three months following the request for ritrtion, n ritrtor shll e nominted y the President of the Europen Court of Humn Rights t the request of the other Prty. 3 In the se of disputes involving ny Prty whih is not memer of the Counil of Europe, where Prty fils to nominte its ritrtor in pursune of prgrph 1 of this rtile within three months following the request for ritrtion, n ritrtor shll e nominted y the President of the Interntionl Court of Justie t the request of the other Prty. 4 In the ses overed y prgrphs 2 nd 3 of this rtile, where the President of the Court onerned is ntionl of one of the Prties to the dispute, this duty shll e rried out y the Vie-President of the Court, or if the Vie-President is ntionl of one of the Prties to the dispute, y the most senior judge of the Court who is not ntionl of one of the Prties to the dispute. 5 The proedures referred to in prgrphs 2 or 3 nd 4 ove pply, muttis mutndis, where the ritrtors fil to gree on the nomintion of referee in ordne with prgrph 1 of this rtile. 6 Where mjority nnot e rehed, the referee shll hve sting vote. The triunl s judgment shll e finl. (1) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 5

6 Artile 12 (1) 1 Amendments to this Convention my e proposed y ny Contrting Stte, or y the Committee of Ministers. Proposls for mendment shll e ommunited y the Seretry Generl of the Counil of Europe to the Contrting Sttes. 2 After hving onsulted the non-memer Contrting Sttes nd, if neessry, the CDPC, the Committee of Ministers my dopt the mendment in ordne with the mjority provided for in Artile 20.d of the Sttute of the Counil of Europe. The Seretry Generl of the Counil of Europe shll sumit ny mendments dopted to the Contrting Sttes for eptne. 3 Any mendment dopted in ordne with the ove prgrph shll enter into fore on the thirtieth dy following notifition y ll the Prties to the Seretry Generl of their eptne thereof. Artile 13 (1) 1 In order to updte the list of treties in Artile 1, prgrph 1, mendments my e proposed y ny Contrting Stte or y the Committee of Ministers. These proposls for mendment shll only onern treties onluded within the United Ntions Orgnistion deling speifilly with interntionl terrorism nd hving entered into fore. They shll e ommunited y the Seretry Generl of the Counil of Europe to the Contrting Sttes. 2 After hving onsulted the non-memer Contrting Sttes nd, if neessry the CDPC, the Committee of Ministers my dopt proposed mendment y the mjority provided for in Artile 20.d of the Sttute of the Counil of Europe. The mendment shll enter into fore following the expiry of period of one yer fter the dte on whih it hs een forwrded to the Contrting Sttes. During this period, ny Contrting Stte my notify the Seretry Generl of ny ojetion to the entry into fore of the mendment in its respet. 3 If one-third of the Contrting Sttes notifies the Seretry Generl of n ojetion to the entry into fore of the mendment, the mendment shll not enter into fore. 4 If less thn one-third of the Contrting Sttes notifies n ojetion, the mendment shll enter into fore for those Contrting Sttes whih hve not notified n ojetion. 5 One n mendment hs entered into fore in ordne with prgrph 2 of this rtile nd Contrting Stte hs notified n ojetion to it, this mendment shll ome into fore in respet of the Contrting Stte onerned on the first dy of the month following the dte on whih it hs notified the Seretry Generl of the Counil of Europe of its eptne. Artile 14 (2) 1 This Convention shll e open to signture y the memer Sttes of nd Oserver Sttes to the Counil of Europe. It shll e sujet to rtifition, eptne, pprovl or ession. Instruments of rtifition, eptne, pprovl or ession shll e deposited with the Seretry Generl of the Counil of Europe. 2 The Convention shll enter into fore three months fter the dte of the deposit of the third instrument of rtifition, eptne or pprovl. (1) Artile s it will e dded ording to the provisions of the Protool of mendment to the Convention (2) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 6

7 3 The Committee of Ministers of the Counil of Europe, fter onsulting the CDPC, my invite ny Stte not memer of the Counil of Europe, other thn those referred to under prgrph 1 of this rtile, to ede to the Convention. The deision shll e tken y the mjority provided for in Artile 20.d of the Sttute of the Counil of Europe nd y the unnimous vote of the representtives of the Contrting Sttes entitled to sit on the Committee of Ministers. 4 In respet of signtory Stte rtifying, epting, pproving or eding susequently, the Convention shll ome into fore three months fter the dte of the deposit of its instrument of rtifition, eptne, pprovl or ession. Artile 15 (1) 1 Any Stte my, t the time of signture or when depositing its instrument of rtifition, eptne, pprovl or ession, speify the territory or territories to whih this Convention shll pply. 2 Any Stte my, when depositing its instrument of rtifition, eptne, pprovl 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. 3 Any delrtion mde in pursune of the preeding prgrph my, in respet of ny territory mentioned in suh delrtion, e withdrwn y mens of notifition ddressed to the Seretry Generl of the Counil of Europe. Suh withdrwl shll tke effet immeditely or t suh lter dte s my e speified in the notifition. Artile 16 (1) 1 Any Stte Prty to the Convention on 15 My 2003 my, t the time of signture or when depositing its instrument of rtifition, eptne or pprovl of the Protool mending the Convention, delre tht it reserves the right to refuse extrdition in respet of ny offene mentioned in Artile 1 whih it onsiders to e politil offene, n offene onneted with politil offene or n offene inspired y politil motives. The Contrting Stte undertkes to pply this reservtion on se-y-se sis, through duly resoned deision nd tking into due onsidertion, when evluting the hrter of the offene, ny prtiulrly serious spets of the offene, inluding: tht it reted olletive dnger to the life, physil integrity or lierty of persons; or tht it ffeted persons foreign to the motives ehind it; or tht ruel or viious mens hve een used in the ommission of the offene. 2 When pplying prgrph 1 of this rtile, Contrting Stte shll indite the offenes to whih its reservtion pplies. 3 Any Contrting Stte my wholly or prtly withdrw reservtion it hs mde in ordne with prgrph 1 y mens of delrtion ddressed to the Seretry Generl of the Counil of Europe whih shll eome effetive s from the dte of its reeipt. (1) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 7

8 4 A Contrting Stte whih hs mde reservtion in ordne with prgrph 1 of this rtile my not lim the pplition of Artile 1 y ny other Stte; it my, however, if its reservtion is prtil or onditionl, lim the pplition of tht rtile in so fr s it hs itself epted it. 5 The reservtions referred to in prgrph 1 of this rtile shll e vlid for period of three yers from the dy of the entry into fore of this Convention in respet of the Stte onerned. However, suh reservtions my e renewed for periods of the sme durtion. 6 Twelve months efore the dte of expiry of the reservtion, the Seretrit Generl of the Counil of Europe shll give notie of tht expiry to the Contrting Stte onerned. No lter thn three months efore expiry, the Contrting Stte shll notify the Seretry Generl of the Counil of Europe tht it is upholding, mending or withdrwing its reservtion. Where Contrting Stte notifies the Seretry Generl of the Counil of Europe tht it is upholding its reservtion, it shll provide n explntion of the grounds justifying its ontinune. In the sene of notifition y the Contrting Stte onerned, the Seretry Generl of the Counil of Europe shll inform tht Contrting Stte tht its reservtion is onsidered to hve een extended utomtilly for period of six months. Filure y the Contrting Stte onerned to notify its intention to uphold or modify its reservtion efore the expiry of tht period shll use the reservtion to lpse. 7 Where Contrting Stte does not extrdite person, in pplition of reservtion mde in ordne with prgrph 1 of this rtile, fter reeiving request for extrdition from nother Contrting Stte, it shll sumit the se, without exeption whtsoever nd without undue dely, to its ompetent uthorities for the purpose of proseution, unless the requesting Stte nd the requested Stte otherwise gree. The ompetent uthorities, for the purpose of proseution in the requested Stte, shll tke their deision in the sme mnner s in the se of ny offene of grve nture under the lw of tht Stte. The requested Stte shll ommunite, without undue dely, the finl outome of the proeedings to the requesting Stte nd to the Seretry Generl of the Counil of Europe, who shll forwrd it to the followup ommittee. 8 The deision to refuse the extrdition request, on the sis of prgrph 1 of this rtile, shll e forwrded promptly to the requesting Stte. If within resonle time no judiil deision on the merits hs een tken in the requested Stte ording to prgrph 7, the requesting Stte my ommunite this ft to the Seretry Generl of the Counil of Europe, who shll sumit the mtter to the Conferene provided for in Artile 17. This Conferene shll onsider the mtter nd issue n opinion on the onformity of the refusl with the Convention nd shll sumit it to the Committee of Ministers for the purpose of issuing delrtion thereon. When performing its funtions under this prgrph, the Committee of Ministers shll meet in its omposition restrited to the Contrting Sttes. Artile 17 (1) 1 Without prejudie to the pplition of Artile 10, there shll e Conferene of Sttes Prties ginst Terrorism (hereinfter referred to s the COSTER ) responsile for ensuring: the effetive use nd opertion of this Convention inluding the identifition of ny prolems therein, in lose ontt with the CDPC; the exmintion of reservtions mde in ordne with Artile 16 nd in prtiulr the proedure provided in Artile 16, prgrph 8; (1) Artile s it will e dded ording to the provisions of the Protool of mendment to the Convention 8

9 d e the exhnge of informtion on signifint legl nd poliy developments pertining to the fight ginst terrorism; the exmintion, t the request of the Committee of Ministers, of mesures dopted within the Counil of Europe in the field of the fight ginst terrorism nd, where pproprite, the elortion of proposls for dditionl mesures neessry to improve interntionl o-opertion in the re of the fight ginst terrorism nd, where oopertion in riminl mtters is onerned, in onsulttion with the CDPC; the preprtion of opinions in the re of the fight ginst terrorism nd the exeution of the terms of referene given y the Committee of Ministers. 2 The COSTER shll e omposed of one expert ppointed y eh of the Contrting Sttes. It will meet one yer on regulr sis, nd on n extrordinry sis t the request of the Seretry Generl of the Counil of Europe or of t lest one-third of the Contrting Sttes. 3 The COSTER will dopt its own Rules of Proedure. The expenses for the prtiiption of Contrting Sttes whih re memer Sttes of the Counil of Europe shll e orne y the Counil of Europe. The Seretrit of the Counil of Europe will ssist the COSTER in rrying out its funtions pursunt to this rtile. 4 The CDPC shll e kept periodilly informed out the work of the COSTER. Artile 18 Any Contrting Stte my denoune this Convention y mens of written notifition ddressed to the Seretry Generl of the Counil of Europe. Any suh denunition shll tke effet immeditely or t suh lter dte s my e speified in the notifition. Artile 19 (1) The Seretry Generl of the Counil of Europe shll notify the Contrting Sttes of: ny signture; ny deposit of n instrument of rtifition, eptne, pprovl or ession; ny dte of entry into fore of this Convention in ordne with Artile 14 thereof; d ny delrtion or notifition reeived in pursune of the provisions of Artile 15; e ny notifition reeived in pursune of Artile 18 nd the dte on whih denunition tkes effet. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Strsourg, this 27th dy of Ferury 1977, 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 of the Counil of Europe shll trnsmit ertified opies to eh of the signtory Sttes. (1) Artile s it will e mended ording to the provisions of the Protool of mendment to the Convention 9