S.I. No. 161/1966 - Extradition Act, 1965 (Part II) (No. 1) Order, 1966.

1. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation receives the unanimous agreement of the Members of the Council who have ratified the Convention.

2. Accession shall be by deposit with the Secretary-General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit.

ARTICLE 31

DENUNCIATION

Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary-General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary-General of the Council received such notification.

ARTICLE 32

NOTIFICATIONS

The Secretary-General of the Council of Europe shall notify the Members of the Council and the Government of any State which has acceded to this Convention of

(

a

) the deposit of any instrument of ratification or accession ;

(

b

) the date of entry into force of this Convention ;

(

c

) any declaration made in accordance with the provisions of Article 6, paragraph 1, and of Article 21, paragraph 5 ;

(

d

) any reservation made in accordance with Article 26, paragraph 1.

(

e

) the withdrawal of any reservation in accordance with Article 26, paragraph 2 ;

(

f

) any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect.

In witness whereof the undersigned, being duly authorised thereto have signed this Convention.

Done at Paris, this 13th day of December, 1957, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to the signatory Governments.

GIVEN under the Official Seal of the Government, this 5th day of July, 1966.

SEÁN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE

The effect of this Order is to apply in relation to Denmark, Greece, Italy, Norway, Sweden and Turkey the provisions of Part II of the Extradition Act, 1965, which enables the extradition of persons in compliance with the principles embodied in the European Convention on Extradition as enacted in that Part. The Order is made under sub-section (1) of section 8 of the Act in pursuance of the arrangement for extradition entered into by the State with these countries on becoming party to the Convention, to which they were already parties.

3. As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification.

ARTICLE 30

ACCESSION

4. By direct arrangement between two or more Contracting Parties, the application of this Convention may be extended, subject to the conditions laid down in the arrangement, to any territory of such Parties, other than the territories mentioned in paragraphs 1, 2 and 3 of this Article, for whose international relations any such Party is responsible.

ARTICLE 28

RELATIONS BETWEEN THIS CONVENTION AND BILATERAL AGREEMENTS

5. A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied.

6. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion.

ARTICLE 22

PROCEDURE

Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party.

ARTICLE 23

LANGUAGE TO BE USED

The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it.

ARTICLE 24

EXPENSES

7. Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this Article.

ARTICLE 3

POLITICAL OFFENCES

S.I. No. 161 of 1966.

EXTRADITION ACT, 1965 (PART II) (No. 1) ORDER, 1966.

WHEREAS, by the European Convention on Extradition (the terms of which are set out in the Schedule hereto) done at Paris on the 13th day of December, 1957, to which the State is a Party, an arrangement was made with the other countries which are parties to the Convention for the surrender of persons wanted for prosecution or punishment

AND WHEREAS the Convention was ratified on behalf of the Government on the 2nd day of May, 1966

AND WHEREAS the Convention has also been ratified by the Governments of the Kingdom of Denmark, the Kingdom of Greece, the Italian Republic, the Kingdom of Norway, the Kingdom of Sweden and the Turkish Republic and it is intended, accordingly, to apply Part II of the Extradition Act, 1965, in relation to each of those countries

NOW, the Government, in exercise of the power conferred on them by subsection (1) of section 8 of the Extradition Act, 1965 (No. 17 of 1965) hereby order as follows

1.—(1) (This Order may be cited as the Extradition Act, 1965 (Part II) (No. 1) Order, 1966.

(2) This Order shall come into operation on the 31st day of July, 1966.