S.I. No. 62/1977 - Extradition Act, 1965 (Part II) (No. 13) Order, 1977.

1. Reservations

Article

1

The Government of the Grand Duchy of Luxembourg 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.

The Government of the Grand Duchy of Luxembourg 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.

Articles

6

and

21

The Government of the Grand Duchy of Luxembourg will not grant extradition or transit of its own. nationals.

Article

7

The Government of the Grand Duchy of Luxembourg 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 Government of the Grand Duchy of Luxembourg 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 Government of the Grand Duchy of Luxembourg does not accept Article 28.1 and 2 in respect of its relations with the Netherlands and Belgium.

The Government of the Grand Duchy of Luxembourg reserves the right to derogate from these provisions in respect of its relation with other member States of the European Economic Community.

II. Declarations

Article

6.1 (

b

)

The Government of the Grand Duchy of Luxembourg declares that so far as the Grand Duchy of Luxembourg is concerned "nationals" for the purposes of the Convention are to be understood as meaning persons of Luxembourg nationality as well as foreigners integrated into the Luxembourg community in so far as they can be prosecuted within Luxembourg for the act in respect of which extradition is requested.

Article

19

The Government of the Grand Duchy of Luxembourg will not grant temporary extradition under Article 19.2 save of a person who is serving a sentence in its territory and if necessitated by special circumstances.

Article

21.5

The Government of the Grand Duchy of Luxembourg reserves the right not to grant transit except on the same conditions on which it grants extradition.

GIVEN under the Official Seal of the Government, this 18th day of February, 1977.

LIAM MAC COSGAIR.

EXPLANATORY NOTE.

This Order applies Part II of the Extradition Act, 1965 to the Grand Duchy of Luxembourg, enabling the extradition of persons between the Grand Duchy of Luxembourg and Ireland in the terms of the European Convention on Extradition.

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 provision 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 shall transmit certified copies to the signatory Governments.

(Here follow signatures)

PART II

DECLARATIONS AND RESERVATIONS OF THE GRAND DUCHY OF LUXEMBOURG

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. 62 of 1977.

EXTRADITION ACT, 1965 (PART II) (No. 13) ORDER, 1977.

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 been ratified by the Grand Duchy of Luxembourg subject to the declarations and reservations 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 powers conferred on them by Section 8 (1) of the Extradition Act, 1965 (No. 17 of 1965), hereby order as follows