S.I. No. 286/1967 - Extradition Act, 1965 (Part II) (No. 3) Order, 1967.

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.

(Here follow signatures.)

PART II.

RESERVATIONS TO THE EUROPEAN CONVENTION ON EXTRADITION.

Article 1.

Reservations of Denmark

Extradition may be granted on condition that the person charged with an offence shall not be proceeded against before a special court. Extradition may be refused if its object is the execution of a sentence pronounced by such a court.

Extradition may also be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal reasons.

Article 1 and Article 9.

Extradition may be refused if the competent authorities of a third State have, by a final judgement, either acquitted or convicted the person concerned in respect of the offence giving rise to the request for extradition, or if the competent authorities of a third State have decided to waive or to discontinue proceedings in respect of the same offence.

Article 2, par. 1.

The obligation to grant extradition shall be restricted to offences which, under the Danish penal code, are punishable by a penalty more severe than imprisonment for one year or simple detention.

Article 3, par. 3.

A decision as to whether, in a given instance, the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed a political offence shall be made after consideration of the facts of the case.

Article 4.

Extradition for a military offence which is also a civil offence may be granted only provided the extradited person is not convicted under military law.

Article 12.

Where seemingly indicated by special circumstances, the Danish authorities may require the requesting country to produce evidence establishing a sufficient presumption of guilt on the part of the person concerned. Should such evidence be deemed insufficient, extradition may be refused.

Article 6.

Reservations of Greece

The provisions of Article 6 will be applied subject to the application of Article 438 (

a

) of the Greek Code of Criminal Procedure, which prohibits extradition of nationals of the requested Party.

Article 438 of the Greek Code of Criminal Procedure will also be applied in relation to paragraph 1 (

c

). Under that article, the date of commission of the offence will on no account be taken into consideration in establishing the nationality of the wanted person.

Article 7.

Paragraph 1 will be applied subject to the provisions of Article 438 (

b

) of the Greek Code of Criminal Procedure.

Article 11.

Article 437 (1) of the Greek Code of Criminal Procedure will continue to be applied in place of Article 11 of the Convention. Under that clause, extradition of a foreign national for an offence punishable by death under the law of the requesting Party is authorised only if Greek criminal law prescribes the same penalty for the offence in question.

Article 18.

The last sentence of Article 18 (iv) of the Convention is accepted, with the addition of the following clause from Article 454 of the Greek Code of Criminal Procedure: "provided that the new request is based on the same facts".

Article 19.

This article is accepted subject to the provisions of Article 441 of the Greek Code of Criminal Procedure.

Article 2 and Article 4.

Reservations of Israel

Israel will not grant extradition of any person unless he is accused or has been convicted in the requesting State of an offence which, had it been committed in Israel, would be one of the following offences.

(

a

) Any offence for which the death penalty or imprisonment for a period exceeding three years may be imposed (even if the penalty is lighter where the sentence is passed by a Magistrate's Court), except—

(1) an offence with which a person can only be charged if at the time of committing it he is a soldier within the meaning of the Military Justice Law, 5715-1955;

(2) offences under section 85 of the Criminal Code Ordinance, 1936 (preventing by force or obstructing notification or presence of a competent police officer in the event of a riotous assembly or riot) or under the Penal Law Amendment (Bigamy) Law, 5719-1959 (bigamy);

(3) offences under the Penal Law Amendment (Assault on Police Officers) Law, 5712-1952, or under any of the laws specified in the Schedule to the Prevention of Profiteering and Speculation (Jurisdiction) Law, 5711-1951 (various laws, regulations and bye-laws regulating subleasing and accommodation of guests, and the distribution, prices and control of the sale of foodstuffs).

(

b

) An offence the penalty for which is lighter than above specified and which is an offence under the Penal Law Amendment (Bribery) Law, 5712-1952, or under any of the following sections of the Criminal Code Ordinance, 1936: 88 (riotously preventing the sailing of a ship), 109B, 110-115 (various offences relating to abuse of office by public servants), 120-122, 124 (false swearing, deceiving witnesses, destroying evidence, conspiracy to defeat justice and interference with witnesses), 140 (fraud by public officers), 146 (insult to religion), 156, 158, 159 (intercourse by husband with girl under 16 years), 161 (d) (sodomy), 185, 186 (neglect in the supply of food etc. to, and desertion of, children), 195 (spread of dangerous infection or disease), 218 (homicide by carelessness), 242, 250 (assault causing bodily harm), 262, 262 (compulsory labour and false imprisonment), 270 (theft, 304 (b) and (c) defrauding of creditors), 305 (conspiracy to defraud the public), 310 (receiving property fraudulently obtained), 350 (imitation of bank notes), 359, 360, 363-366 (counterfeiting), or under the Penal Law Amendment (Deceit, Blackmail and Extortion) Law, 5723-1963 (deceit and forgery).

Article 2.

Israel will not grant extradition of a person charged with an offence unless it is proved in a court in Israel that there is evidence which would be sufficient for committing him to trial for such an offence in Israel.

Article 9.

Israel will not accede to a request for extradition if the wanted person has been pardoned, or has had his punishment remitted, in the requesting State in respect of the criminal act in question.

Article 14.

Israel will not grant extradition in departure from the rule of speciality except—

(

a

) if the wanted person has in his absence been declared subject to extradition also in respect of the other offence after he was given an opportunity to be represented in the proceedings aimed at such declaration;

(

b

) upon condition that the wanted person will not be proceeded against, sentenced or detained with a view to carrying out sentence unless, having left the requesting State after his extradition, he voluntarily returned to it, or unless he failed to leave the requesting State within 60 days after being given an opportunity to do so.

Article 15.

Article 15 shall be read as if the words "60 days after his extradition" replaced the words "45 days after his final discharge" in Article 14, paragraph 1 (

b

).

Reservations of Italy

Italy makes the express reservation that it will not grant the extradition of persons wanted for the carrying out of a detention order unless

(

a

) all the criteria laid down in Article 25 are fulfilled in each case;

(

b

) the said detention order is expressly provided for under the criminal law of the requesting Party as being a necessary consequence of an offence.

Italy declares that it will not, under any circumstances, grant extradition in respect of offences punishable by death under the law of the requesting Party.

Reservations of Norway

Article 1.

Extradition may be refused on humanitarian grounds if surrender is likely to have consequences of an exceptional gravity for the person claimed, particularly by reason of his age, state of health or other personal circumstances.

Article 2, par. 1.

Under the terms of the Norwegian extradition law of 13 June 1908 par. 2, Norway is in a position to grant extradition only in respect of offences which under the Norwegian Criminal Code are punishable, or would have been punishable, by imprisonment for more than one year.

Article 3, par. 3.

Under the terms of the Norwegian extradition law, par. 3, extradition for the taking, or attempted taking, of the life of a Head of State, or a member of his family, may not be granted if the offence has been committed in connection with another offence which has a political character.

Article 4.

In regard to offences which under Norwegian law would have been considered as military offences, extradition is only permissible under the terms of par. 2 of the Norwegian extradition law, if the offence, stripped of its military elements, would have constituted an extraditable offence, and on condition that the extradited person shall not be more severely punished than by the maximum penalty provided for the corresponding offence in the ordinary criminal code.

Article 12.

Norwegian authorities reserve the right to require the requesting Party to produce

prima facie

evidence to the effect that the person claimed has committed the offence for which extradition is requested. Their request may be refused if the evidence is found to be insufficient.

Article 1.

Reservations of Sweden

Sweden reserves the right when granting extradition to stipulate that the extradited person may not be summoned to appear before a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court.

Sweden reserves the right to refuse extradition in special cases, if that measure is manifestly incompatible with its humanitarian obligations, on account of the age, the state of health or any other condition affecting the individual in question, having regard also to the nature of the offence and the interests of the requesting State.

Article 2.

The extradition of an individual on whom final judgment has not yet been passed for the offence in respect of which extradition is requested, shall be granted only if the said offence corresponds to an offence which is punishable under Swedish law by a sentence of imprisonment for more than one year.

Article 3.

Sweden reserves the right, in the light of individual circumstances, to regard the offence mentioned in paragraph 3 of this article as a political offence.

Article 4.

Where an offence under military law also comprises an offence in respect of which extradition has been granted, Sweden reserves the right to stipulate that the extradited person may not be penalised in application of provisions relating to offences committed by members of the armed services.

Article 12

Even though the sentence rendered or the warrant of arrest issued by a court or a judge in a State which is a Party to the Convention be generally accepted, Sweden reserves the right to refuse the extradition requested if an examination of the case in question shows that the said sentence or warrant is manifestly ill-founded.

Article 18

If the individual whose extradition has been granted has not been taken over on the date appointed by the representing State, Sweden reserves the right immediately to annul the measure of restraint imposed upon him.

Article 1

Reservations of Switzerland

The Swiss Federal Council declares that extradition granted by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (

tribunal d'exception

). It therefore reserves the right to refuse extradition

(

a

) if there is a possibility that the person claimed, if extradited, will be brought before an extraordinary court (

tribunal d'exception

) and if the requesting State does not give assurances deemed sufficient, that the judgment will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;

(

b

) if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (

tribunal d'exception

).

Article 2, par. 1.

Having regard to the requirements of Swiss law on extradition, Switzerland reserves the right to refuse extradition if the offence alleged against the person claimed does not combine the constituent elements of one of the offences set out in the list deposited with the Secretariat of the Council of Europe as an annex to this declaration.

Article 2, par. 2.

The Swiss Federal Council declares that, notwithstanding the reservation made in respect of Article 2, paragraph 1, Switzerland may, when extradition is or has been granted for a crime (

crime

) or a correctional offence (

délit

) which is extraditable under Swiss law, extend the effects thereof to any other offence punishable under Swiss law.

Article 3, par. 3.

Notwithstanding Article 3, paragraph 3 of the Convention, Switzerland reserves the right to refuse extradition on the basis of Article 3, paragraph 1 when it is requested for the taking or attempted taking of the life of a Head of State or a member of his family.

Article 6.

The Swiss Federal Council declares that Swiss law does not permit extradition of Swiss nationals. Provided that the statutory requirements are satisfied, the Swiss authorities may take proceedings and pass sentences in respect of offences committed outside Switzerland which are punishable under Swiss law as crimes (

crimes

) or correction offences (

délits

)

—if they were committed against Swiss nationals (Article 5 of the Swiss Penal Code);

—if they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Penal Code; Section 16 of the Federal Act of 14th March 1958 on the responsibility of the Confederation, the members of its authorities and its officials);

—if they were committed on board a Swiss ship or a Swiss aircraft (Section 4 of the Federal Act of 23rd September 1953 on shipping under the Swiss flag; Section 97 of the Federal Act of 21st December 1948 on air navigation).

Articles 7 and 8.

The Swiss Federal Council declares that, under present Swiss legislation, extradition can be granted for an offence committed in Swiss territory or in a place treated as that territory only in application of Article 2, paragraph 2, that is, where the person claimed is in any event being extradited to the requesting State in respect of other offences not subject to Swiss jurisdiction and it is considered desirable, particularly in the interests of his social rehabilitation, that all the offences of which he is accused be dealt with at the same proceedings.

Article 9.

(

a

) Switzerland reserves the right to refuse extradition, in derogation of Article 9, if the decisions motivating the refusal of extradition in accordance with that Article have been rendered in a third State in whose territory the offence was committed;

(

b

) Switzerland reserves the right to grant extradition, notwithstanding the first sentence of Article 9, if it has granted extradition for other offences and the requesting State has shown that new facts or evidence which have come to its knowledge justify a review of the decision motivating the refusal for extradition in accordance with this Article, or if the person sought has not served all or part of the punishment imposed on him by that decision.

Article 11.

Switzerland reserves the right to apply Article 11,

mutatis mutandis

, also in cases where the law of the requesting State provides that the person claimed may, in respect of the offence for which extradition is requested, be sentenced to corporal punishment or be subjected to such treatment against his will.

Article 14, par. 1 (

b

).

The Swiss Federal Council declares that the Swiss authorities regard discharge as final within the meaning of Article 14 if it enables the person extradited to move about freely without breaking the rules of behaviour and other conditions laid down by the proper authority. For the Swiss authorities, an extradited person is in all cases deemed to be able to leave the territory of a State within the meaning of this article if he is not in fact prevented from leaving by a disease or some other actual restriction of his freedom of movement.

Article 21.

Switzerland reserves the right not to authorize transit in cases where the offence alleged against the person claimed comes within the provisions of Article 5 of the Convention or constitutes an infringement of commodity trade, restrictions or market regulations.

GIVEN under the Official Seal of the Government, this 15th day of December, 1967.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

The effect of this Order (which repeals and replaces the Extradition Act, 1965 (Part II) (No. 1) Order, 1966, and the Extradition Act, 1965 (Part II) (No. 2) Order, 1967) is to apply in relation to Denmark, Greece, Italy, Israel, Norway, the Swiss Confederation and Turkey (subject in each case to the appropriate reservations specified in Part II of the Schedule) the provisions of Part II of the Extradition Act, 1965, which enable 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, as parties, with the State, to the Convention.

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. 286 of 1967.

EXTRADITION ACT, 1965 (PART II) (No. 3) ORDER, 1967.

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 prosecuting or punishment

AND WHEREAS the Convention was ratified on behalf of the Government on the 2nd day of May, 1966, subject to the reservation specified in Part I of the said Schedule

AND WHEREAS the Convention has also been ratified by the Governments of the Kingdom of Denmark, the Kingdom of Greece, the Italian Republic, Israel, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, subject in each case to the reservations by the Government concerned specified in Part II of the Schedule hereto and by 'the Government of the Turkish Republic

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