S.I. No. 229/1971 - Extradition Act, 1965 (Part II) (No. 8) Order, 1971.

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 OF FINLAND TO THE EUROPEAN CONVENTION ON EXTRADITION

Article 1

Finland reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused. Finland reserves also the right to refuse extradition, if extradition on account of the age, the state of health or any other condition affecting the individual in question or on account of special conditions would be unreasonable for human reasons.

Article 2, paragraph 1

The obligation to extradite mentioned in paragraph 1 of this Article shall be restricted to offences which, under Finnish law, are punishable by a penalty more severe than imprisonment for one year. A person sentenced in a foreign state for such offence may be extradited only, if the term not yet served is deprivation of liberty for at least four months.

Article 3, paragraph 3

Finland reserves the right to regard the offence mentioned in paragraph 3 of this Article as a political offence, if such offence has been committed in open fight.

Article 4

Where a military offence also comprises an offence in respect of which extradition otherwise is permissible, Finland reserves the right to stipulate that the extradited persons shall not be punished under a provision pertaining to military offences.

Article 18

If the person taken into custody, whose extradition has been granted, has not been taken over by the requesting State on the date appointed, Finland reserves the right to release him immediately.

GIVEN under the Official Seal of the Government, this 30th day of July, 1971.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This order applies Part II of the Extradition Act, 1965 to Finland, enabling the extradition of persons between Finland 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 BILATERIAL 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. 229 of 1971.

EXTRADITION ACT, 1965 (PART II) (No. 8) ORDER, 1971.

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

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