European Convention on Offences relating to Cultural Property

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1 Europen Convention on Offences relting to Culturl Property Delphi, 23.VI.1985 Europen Trety Series - No. 119 The memer Sttes of the Council of Europe, signtory hereto, Considering tht the im of the Council of Europe is to chieve greter unity etween its memers; Believing tht such unity is founded to considerle extent in the existence of Europen culturl heritge; Conscious of the socil nd economic vlue of tht common heritge; Desirous of putting n end to the offences tht too often ffect tht heritge nd urgently dopting interntionl stndrds to this end; Recognising their common responsiility nd solidrity in the protection of the Europen culturl heritge; Hving regrd to the Europen Conventions in the criminl nd culturl fields, Hve greed s follows: Prt I Definitions Article 1 For the purposes of this Convention: c d "offence" comprises cts delt with under the criminl lw nd those delt with under the legl provisions listed in Appendix I to this Convention on condition tht where n dministrtive uthority is competent to del with the offence it must e possile for the person concerned to hve the cse tried y court; "proceedings" mens ny procedure instituted in respect of n offence; "judgment" mens ny finl decision delivered y criminl court or y n dministrtive ody s result of procedure instituted in pursunce of one of the legl provisions listed in Appendix I; "snction" mens ny punishment or mesure incurred or pronounced in respect of n offence.

2 Prt II Scope Article 2 1 This Convention shll pply to the culturl property listed in Appendix II, prgrph 1. 2 Any Contrcting Stte my, t ny time, declre tht for the purposes of this Convention it lso considers ny one or more of the ctegories of property listed in Appendix II, prgrph 2, s culturl property. 3 Any Contrcting Stte my, t ny time, declre tht for the purposes of this Convention it lso considers s culturl property ny ctegory of movle or immovle property, presenting n rtistic, historicl, rcheologicl, scientific or other culturl interest, tht is not included in Appendix II. Article 3 1 For the purposes of this Convention, the cts nd omissions listed in Appendix III, prgrph 1, re offences relting to culturl property. 2 Any Contrcting Stte my, t ny time, declre tht, for the purposes of this Convention, it lso deems to e offences relting to culturl property the cts nd omissions listed in ny one or more su-prgrphs of Appendix III, prgrph 2. 3 Any Contrcting Stte my, t ny time, declre tht, for the purposes of this Convention, it lso deems to e offences relting to culturl property ny one or more cts nd omissions tht ffect culturl property nd re not listed in Appendix III. Prt III Protection of culturl property Article 4 Ech Prty shll tke pproprite mesures to enhnce pulic wreness of the need to protect culturl property. Article 5 The Prties shll tke pproprite mesures with view to co-operting in the prevention of offences relting to culturl property nd the discovery of culturl property removed susequent to such offences. Prt IV Restitution of culturl property Article 6 The Prties undertke to co-operte with view to the restitution of culturl property found on their territory, which hs een removed from the territory of nother Prty susequent to n offence relting to culturl property committed in the territory of Prty, notly in conformity with the provisions tht follow. Article 7 1 Any Prty tht is competent under Article 13 shll, if it thinks fit, notify s soon s possile the Prty or Prties to whose territory culturl property hs een removed, or is elieved to hve een removed, susequent to n offence relting to culturl property. 2

3 2 Any Prty from whose territory culturl property hs een removed, or is elieved to hve een removed, susequent to n offence relting to culturl property, shll notify s soon s possile the Prty tht is competent in ccordnce with Article 13, prgrph 1, suprgrph e. 3 If such culturl property is found on the territory of Prty which hs een duly notified, tht Prty shll immeditely inform the Prty or Prties concerned. 4 If culturl property is found on the territory of Prty nd if tht Prty hs resonle grounds to elieve tht the property in question hs een removed from the territory of nother Prty susequent to n offence relting to culturl property, it shll immeditely inform the other Prty or Prties presumed to e concerned. 5 The communictions referred to in the preceding prgrphs shll contin ll informtion concerning the identifiction of the property in question, the offence susequent to which it ws removed nd the circumstnces concerning the discovery. 6 The Prties shll ensure the fullest possile distriution of the notifictions which they receive pursunt to the provisions of prgrph 1. Article 8 1 Ech Prty shll execute in the mnner provided for y its lw ny letters rogtory relting to proceedings ddressed to it y the competent uthorities of Prty tht is competent in ccordnce with Article 13 for the purpose of procuring evidence or trnsmitting rticles to e produced in evidence, records or documents. 2 Ech Prty shll execute in the mnner provided for y its lw ny letters rogtory relting to proceedings ddressed to it y the competent uthorities of Prty tht is competent in ccordnce with Article 13 for the purpose of seizure nd restitution of culturl property which hs een removed to the territory of the requested Prty susequent to n offence relting to culturl property. Restitution of the property in question is however suject to the conditions lid down in the lw of the requested Prty. 3 Ech Prty shll likewise execute ny letters rogtory relting to the enforcement of judgments delivered y the competent uthorities of the requesting Prty in respect of n offence relting to culturl property for the purpose of seizure nd restitution of culturl property found on the territory of the requested Prty to the person designted y the judgment or tht person's successors in title. To this end the Prties shll tke such legisltive mesures s they my consider necessry nd shll determine the conditions under which such letters rogtory re executed. 4 Where there is request for extrdition, the return of the culturl property mentioned in prgrphs 2 nd 3 shll tke plce even if extrdition, hving een greed to, cnnot e crried out owing to the deth or escpe of the person climed or to other resons of fct. 5 The requested Prty my not refuse to return the culturl property on the grounds tht it hs seized, confiscted or otherwise cquired rights to the property in question s the result of fiscl or customs offence committed in respect of tht property. Article 9 1 Unless the Prties otherwise gree, letters rogtory shll e in the lnguge of the requested Prty, or in the officil lnguge of the Council of Europe tht is indicted y the requested Prty in declrtion ddressed to the Secretry Generl of the Council of Europe, or where no such declrtion hs een mde in either of the officil lnguges of the Council of Europe. 3

4 2 They shll indicte: c d e the uthority mking the request, the oject of nd the reson for the request, the identity of the person concerned, the detiled identifiction of the culturl property in question, summry of the fcts s well s the offence they constitute nd shll e ccompnied y n uthenticted or certified copy of the judgment whose enforcement is requested, in the cses covered y Article 8, prgrph 3. Article 10 Evidence or documents trnsmitted pursunt to this Convention shll not require ny form of uthentiction. Article 11 Execution of requests under this Convention shll not entil refunding of expenses except those incurred y the ttendnce of experts nd the return of culturl property. Prt V Proceedings Section I Snctioning Article 12 The Prties cknowledge the grvity of ny ct or omission tht ffects culturl property; they shll ccordingly tke the necessry mesures for dequte snctioning. Section II Jurisdiction Article 13 1 Ech Prty shll tke the necessry mesures in order to estlish its competence to prosecute ny offence relting to culturl property: c d e f committed on its territory, including its internl nd territoril wters, or in its irspce; committed on ord ship or n ircrft registered in it; committed outside its territory y one of its ntionls; committed outside its territory y person hving his/her hitul residence on its territory; committed outside its territory when the culturl property ginst which tht offence ws directed elongs to the sid Prty or one of its ntionls; committed outside its territory when it ws directed ginst culturl property originlly found within its territory. 4

5 2 In the cses referred to in prgrph 1, su-prgrphs d nd f, Prty shll not e competent to institute proceedings in respect of n offence relting to culturl property committed outside its territory unless the suspected person is on its territory. Section III Plurlity of proceedings Article 14 1 Any Prty which, efore the institution or in the course of proceedings for n offence relting to culturl property, is wre of proceedings pending in nother Prty ginst the sme person in respect of the sme offence shll consider whether it cn either wive or suspend its own proceedings. 2 If such Prty considers it opportune in the circumstnces not to wive or suspend its own proceedings it shll so notify the other Prty in good time nd in ny event efore judgment is given on the sustnce of the cse. Article 15 1 In the eventulity referred to in Article 14, prgrph 2, the Prties concerned shll through consulttion endevour s fr s possile to determine, fter evlution of the circumstnces of ech cse notly with view to fcilitting the restitution of the culturl property, which of them lone shll continue to conduct proceedings. During this consulttion the Prties concerned shll sty judgment on the sustnce without however eing oliged to extend tht sty eyond period of 30 dys s from the desptch of the notifiction provided for in Article 14, prgrph 2. 2 The provisions of prgrph 1 shll not e inding: on Prty which desptches the notifiction provided for in Article 14, prgrph 2, if the min tril hs een declred open there in the presence of the ccused efore desptch of the notifiction; on Prty to which the notifiction is ddressed, if the min tril hs een declred open there in the presence of the ccused efore receipt of the notifiction. Article 16 In the interests of rriving t the truth, the restitution of the culturl property nd the ppliction of n dequte snction, the Prties concerned shll exmine whether it is expedient tht one of them lone shll conduct proceedings nd, if so, endevour to determine which one, when: severl offences relting to culturl property which re mterilly distinct re scried either to single person or to severl persons hving cted in unison; single offence relting to culturl property is scried to severl persons hving cted in unison. Section IV Ne is in idem Article 17 1 A person in respect of whom finl nd enforcele judgment hs een rendered my for the sme ct neither e prosecuted nor sentenced nor sujected to enforcement of snction in nother Prty: 5

6 if he ws cquitted; if the snction imposed: i ii iii hs een completely enforced or is eing enforced, or hs een wholly, or with respect to the prt not enforced, the suject of prdon or n mnesty, or cn no longer e enforced owing to the expiry of limittion period; c if the court found the offender guilty without imposing snction. 2 Nevertheless, Prty shll not, unless it hs itself requested the proceedings, e oliged to recognise the ne is in idem rule if the ct which gve rise to judgment s directed ginst either person or n institution or ny thing hving pulic sttus in tht Prty, or if the suject of the judgment hd itself pulic sttus in tht Prty. 3 Furthermore, Prty in whose territory the ct ws committed or considered to hve een committed under the lw of tht Prty shll not e oliged to recognise the ne is in idem rule unless tht Prty hs itself requested the proceedings. Article 18 If new proceedings re instituted ginst person who hs een sentenced in nother Prty for the sme ct, then ny period of deprivtion of lierty imposed in the execution of tht sentence shll e deducted from ny snction which my e imposed. Article 19 This section shll not prevent the ppliction of wider domestic provisions relting to the ne is in idem rule ttched to judicil decisions. Prt VI Finl cluses Article 20 This Convention shll e open for signture y the memer Sttes of the Council of Europe. It is suject to rtifiction, cceptnce or pprovl. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. Article 21 1 This Convention shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte on which three memer Sttes of the Council of Europe hve expressed their consent to e ound y the Convention in ccordnce with the provisions of Article In respect of ny memer Stte which susequently expresses its consent to e ound y it the Convention shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte of deposit of the instrument of rtifiction, cceptnce or pprovl. 6

7 Article 22 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe my invite ny Stte not memer of the Council to ccede to this Convention, y decision tken y the mjority provided for in Article 20.d of the Sttute of the Council of Europe nd y the unnimous vote of the representtives of the Contrcting Sttes entitled to sit on the Committee. 2 In respect of ny cceding Stte, the Convention shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte of deposit of the instrument of ccession with the Secretry Generl of the Council of Europe. Article 23 No Prty is ound to pply this Convention to the offences relting to culturl property committed efore the dte of entry into force of the Convention in respect of tht Prty. Article 24 1 Any Stte my t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, specify the territory or territories to which this Convention shll pply. 2 Any Stte my t ny lter dte, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend the ppliction of this Convention to ny other territory specified in the declrtion. In respect of such territory the Convention shll enter into force on the first dy of the month following the expirtion of period of one month fter the dte of receipt of such declrtion y the Secretry Generl. 3 Any declrtion mde under the two preceding prgrphs my, in respect of ny territory specified in such declrtion, e withdrwn y notifiction ddressed to the Secretry Generl. The withdrwl shll ecome effective on the first dy of the month following the expirtion of period of six months fter the dte of receipt of such notifiction y the Secretry Generl. Article 25 The following provisions shll pply to those Sttes Prties to this Convention which hve federl or non-unitry constitutionl system: with regrd to the provisions of this Convention, the implementtion of which comes under the legl jurisdiction of the federl or centrl legisltive power, the oligtions of the federl or centrl government shll e the sme s for those Sttes Prties which re not federl or non-unitry Sttes; under the legl jurisdiction of individul constituent Sttes, countries, provinces or cntons tht re not oliged y the constitutionl system of the federtion to tke legisltive mesures, the federl government shll inform the competent uthorities of such Sttes, countries, provinces or cntons of the sid provisions with its fvourle opinion. Article 26 In no cse my Prty clim ppliction of this Convention y nother Prty sve in so fr s it would itself pply this Convention in similr cses. 7

8 Article 27 Any Prty my decide not to pply the provisions of Articles 7 nd 8 either where the request is in respect of offences tht it regrds s politicl or where it considers tht the ppliction is likely to prejudice its sovereignty, security or "ordre pulic". Article 28 1 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, declre tht it vils itself of the right not to pply ny one or more provisions of Articles 8, prgrph 3, 10, 13 nd 18. No other reservtion my e mde. 2 Any Stte which hs mde reservtion shll withdrw it s soon s circumstnces permit. Such withdrwl shll e mde y notifiction to the Secretry Generl of the Council of Europe. Article 29 1 Any Contrcting Stte my, t ny time, y declrtion ddressed to the Secretry Generl of the Council of Europe, set out the legl provisions to e included in Appendix I to this Convention. 2 Any chnge of the ntionl provisions listed in Appendix I shll e notified to the Secretry Generl of the Council of Europe if such chnge renders the informtion in this ppendix incorrect. 3 Any chnges mde in Appendix I in ppliction of the preceding prgrphs shll tke effect in ech Prty on the first dy of the month following the expirtion of period of one month fter the dte of their notifiction y the Secretry Generl of the Council of Europe. Article 30 The declrtions provided for in Articles 2 nd 3 shll e ddressed to the Secretry Generl of the Council of Europe. They shll ecome effective in respect of ech Prty on the first dy of the month following the expirtion of period of one month fter the dte of their notifiction y the Secretry Generl of the Council of Europe. Article 31 The Europen Committee on Crime Prolems of the Council of Europe shll follow the ppliction of this Convention nd shll do whtever is needed to fcilitte friendly settlement of ny difficulty which my rise out of its execution. Article 32 1 The Europen Committee on Crime Prolems my formulte nd sumit to the Committee of Ministers of the Council of Europe proposls designed to lter the contents of Appendices II nd III or their prgrphs. 2 Any proposl sumitted in ccordnce with the provisions of the preceding prgrph shll e exmined y the Committee of Ministers which, y decision tken y the mjority provided for in Article 20.d of the Sttute of the Council of Europe nd y the unnimous vote of the representtives of the Contrcting Sttes entitled to sit on the Committee, my pprove it nd instruct the Secretry Generl of the Council of Europe to notify the Contrcting Sttes thereof. 8

9 3 Any ltertion pproved in ccordnce with the provisions of the preceding prgrph shll enter into force on the first dy of the month following the expirtion of period of six months fter the dte of desptch of the notifiction provided for in tht prgrph unless Contrcting Stte notifies n ojection to the entry into force. In the event of such n ojection eing mde, the ltertion will only enter force if the ojection is susequently lifted. Article 33 1 The notifictions nd informtion provided for in Article 7 shll e exchnged etween the competent uthorities of the Prties. However, they my e sent through the Interntionl Criminl Police Orgnistion Interpol. 2 The requests provided for in this Convention nd ny communiction mde under the provisions of Prt V, Section III, shll e ddressed y the competent uthority of Prty to the competent uthority of nother Prty. 3 Any Contrcting Stte my, y declrtion ddressed to the Secretry Generl of the Council of Europe, designte which uthorities will e its competent uthorities within the mening of this rticle. Where such declrtion is not mde the Ministry of Justice of the Stte in question will e deemed to e its competent uthority. Article 34 1 Nothing in this Convention shll prejudice the ppliction of the provisions of ny other interntionl treties or conventions in force etween two or more Prties on the mtters delt with in this Convention provided tht the sid provisions re more compelling with respect to the duty to restitute culturl property ffected y n offence. 2 The Prties my not conclude ilterl or multilterl greements with one nother on the mtters delt with in this Convention, except in order to supplement its provisions or fcilitte the ppliction of the principles emodied in it. 3 However, if two or more Prties hve lredy estlished their reltions in this mtter on the sis of uniform legisltion, or instituted specil system of their own, or should they in the future do so, they shll e entitled to regulte those reltions ccordingly, notwithstnding the terms of this Convention. 4 Prties cesing to pply the terms of this Convention to their mutul reltions in ccordnce with the provisions of the preceding prgrph shll notify the Secretry Generl of the Council of Europe to tht effect. Article 35 1 Any Prty my t ny time denounce this Convention y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 2 Such denuncition shll ecome effective on the first dy of the month following the expirtion of period of six months fter the dte of receipt of the notifiction y the Secretry Generl. Article 36 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council nd ny Stte which hs cceded to this Convention of: ny signture; 9

10 the deposit of ny instrument of rtifiction, cceptnce, pprovl or ccession; c ny dte of entry into force of this Convention in ccordnce with Articles 21 nd 22; d ny other ct, notifiction or communiction relting to this Convention. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Delphi, this 23rd dy of June 1985, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe. 10

Third Additional Protocol to the European Convention on Extradition

Third Additional Protocol to the European Convention on Extradition Council of Europe Trety Series - No. 209 Third Additionl Protocol to the Europen Convention on Extrdition Strsourg, 10.XI.2010 The memer Sttes of the Council of Europe, signtory to this Protocol, Considering