S.I. No. 76/1969 - Extradition Act, 1965 (Part II) (No. 4) Order, 1969.

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 many 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 OF THE NETHERLANDS TO THE EUROPEAN CONVENTION ON EXTRADITION

Article 1

The Netherlands Government reserves the right not to grant extradition requested for the purpose of executing a judgement pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6 (3) (

c

) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November, 1950.

The Netherlands Government reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health.

Article 7

The Netherlands Government reserves the right not to grant extradition when, in accordance with Article 7 (2), the requesting State would be authorised to refuse extradition in like cases.

Article 9

The Netherlands Government will not grant extradition if it is satisfied that final judgement for the offence for which extradition is requested has been passed on the person claimed by the competent authorities of a third State and, in the event of conviction for that offence, the convicted person is serving his sentence, has already served it or has been dispensed from serving it.

Article 28

By reason of the special arrangements between the Benelux countries, the Netherlands Government does not accept Article 28 (1) and (2) in respect of its relations with the Kingdom of Belgium and the Grand Duchy of Luxembourg.

The Netherlands Government reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

GIVEN UNDER the Official Seal of the Government, this 9th day of May, 1969.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This order applies Part II of the Extradition Act 1965 to the Netherlands, enabling the extradition of persons between the Netherlands and Ireland in the terms of the European Convention on Extradition.

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. 76 of 1969.

EXTRADITION ACT, 1965 (PART II) (NO. 4) ORDER, 1969.

WHEREAS by the European Convention on Extradition (the terms of which are set out in Part I of 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, subject to the reservation specified in the said Part I

AND WHEREAS the Convention has also been ratified by the Government of the Kingdom of the Netherlands subject to the reservations by that Government specified in Part II of the said Schedule and it is intended, accordingly, to apply Part II of the Extradition Act, 1965, in relation to that country

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