S.I. No. 9/1989 - Extradition Act, 1965 (Part II) (No. 23) Order, 1989.

1. an offence with which a person can only be charged if at the time committing it he is a solider 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 sub-leasing 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 15 years, indecency without force and indecent act upon person 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), 261, 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 banknotes), 359, 360, 363-366 (counterfeiting), or under the Penal Law Amendment (Deceit, Blackmail and Extortion) Law, 5723-1963 (deceit and forgery).

Reservation to 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.

Reservation to 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.

Reservation to 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.

Reservation to Article 15

Article 15 shall be read as if the words "60 days" replaced the words "45 days" in Article 14, paragraph 1

b

.

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.

LIECHTENSTEIN

Article 1

Extradition is on principle granted by the Principality of Liechtenstein only on the condition that the person against whom proceedings are being taken for an offence to be tried by the ordinary courts of the requesting State. It therefore reserves the right to grant extradition only on condition that the requesting State gives adequate assurances in that respect.

Article 6 (1)a.

The Government of the Principality of Liechtenstein declares that Liechtenstein law does not permit extradition of Liechtenstein nationals. Once they have entered the territory of the Principality, they will be tried by the Liechtenstein authorities under Liechtenstein criminal law (paragraph 36 of the Penal Code) for offences committed abroad, whatever the laws of the country where the offence was committed. 'Nationals' within the meaning of the Convention are persons possessing Liechtenstein nationality.

Article 11

The Principality of Liechtenstein reserves the right to apply Article 11 by analogy where the requesting State does not give the Liechtenstein authorities adequate assurances that it will not impose any penalty or measure contrary to Liechtenstein law or which offend against the principle of inviolability of the person in a way which is incompatible with Lichtenstein law.

Article 21

The Principality of Liechtenstein reserves the right to refuse transit through its territory even where the offence with which the accused person is charged is covered by Article 5 of the Convention.

Article 23

The principality of Liechtenstein requires that requests and the documents to be produced which are written in a language other than German must be accompanied by a translation into that language.

LUXEMBOURG

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 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 relations with other member states of the European Economic Community.

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.

NETHERLANDS

To 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.

To 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.

To 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 had been dispensed from serving it.

To 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.

Declaration concerning Articles 6 and 21 of the Convention

The Government of the Kingdom of the Netherlands will not permit the transit of Netherlands nationals nor their extradition for the purposes of the enforcement of penalties or other measures.

However, Netherlands nationals may be extradited for purposes of prosecution if the requesting State provides a guarantee that the person claimed may be returned to the Netherlands to serve his sentence there if, following his extradition, a custodial sentence other than a suspended sentence or a measure depriving him of his liberty is imposed upon him.

As regards the Kingdom of the Netherlands, "nationals" for the purpose the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Kingdom of the Netherlands for the act in respect of which extradition is requested.

Declaration concerning Article 19

The Netherlands Government 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.

Declaration concerning Article 21 (5)

The Netherlands Government reserves the right not to grant transit except on the same conditions on which it grants extradition.

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, paragraph 1

Under the terms of the Norwegian Act No. 39 of 13 June 1975, relating to the Extradition of Offenders etc., paragraph 3, Norway is in a position to grant extradition only in respect of an offence, or a corresponding offence, which under Norwegian law is punishable, or would have been punishable with imprisonment for more than one year.

Article 3, paragraph 3

Norway reserves the right, in light of individual circumstances, to consider the offence described in paragraph 3 of Article 3 as a political offence.

Article 4

When an offence under military law also comprises an offence in respect of which extradition otherwise is permissible, Norway reserves the right to stipulate that the extradited person shall not be punished under the military law of the requesting state.

Article 6, paragraph 1b

As far as Norway is concerned the term "national" shall include both nationals and residents of Norway. The term shall also include nationals and residents of Denmark, Finland, Iceland or Sweden, if extradition is requested by States other than those mentioned.

Article 12

The 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. The request may be refused if the evidence is found to be insufficient.

Article 28, paragraph 3

This Convention shall not apply to extradition to Denmark, Finland or Sweden, as extradition beteen the said States is governed by a uniform legislation.

SPAIN

Reservations

To Article 1

The person claimed may not be brought to trial before a special court in the territory of the requesting State. Extradition shall not be granted for this purpose nor for the enforcement of a sentence or detention order imposed by courts of this nature.

To Article 10

Spain will not grant extradition if liability to criminal prosecution has lapsed for any cause for which provision is made in the legislation of the requesting Party or the requested Party.

To Article 21.5

Spain will grant transit only on the conditions specified for extradition in the present Convention.

To Article 23

Spain will require the requesting Party to supply a translation into Spanish, French or English of the request for extradition and the accompanying documents.

Declarations

Concerning Article 2.7

Spain will apply the rule of reciprocity in respect of offences excluded from the application of the present Convention by virtue of Article 2 thereof.

Concerning Article 3

For the purposes of extradition, apart from the offences mentioned in Article 3 (3) of the Convention, acts of terrorism will not be deemed to be political offences.

Concerning Article 6.1 (b)

For the purposes of the present Convention, Spain will consider as nationals the persons entitled to that quality by virtue of the provisions of Title I of Book I of the Spanish Civil Code.

Concerning Article 9

Final judgement shall be deemed to have been passed on a person when the judicial decision in question is no longer subject to any ordinary appeal either because all remedies have been exhausted, or because the decision has been accepted, or on account of its specific nature.

Concerning Article 11

If the offence for which extradition is requested is punishable by death under the law of the requesting Party, Spain will refuse extradition unless the requesting Party gives such guarantees as the requested Party considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.

SWEDEN

Declarations

Article 6

Within the meaning of this Convention the term "nationals" shall denote, in addition to Swedish nationals, aliens domiciled in Sweden, nationals of Denmark, Finland, Iceland and Norway, as well as aliens domiciled in these States.

Article 21

The transit requested will only be granted on the same conditions as extradition is granted, allowance being made for individual circumstances.

Reservations

Article 1

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.

SWITZERLAND

Article 1

The Swiss Federal Council declares that extradition 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 judgement 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, paragraph 2

The Federal Council declares that if extradition is or has been granted in respect of an offence which is extraditable under Swiss law, Switzerland may extend the effects thereof to any other offence punishable under Swiss ordinary law.

Article 3, paragraph 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 Federal Council declares that Swiss law allows Swiss nationals to be extradited only on the conditions specified in Article 7 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters. Provided that the statutory requirements are satisfied, offences committed outside Switzerland which are punishable under Swiss law as felonies ("crimes") or misdemeanors ("delits") may be prosecuted and tried by the Swiss authorities in the following cases

— where they were committed against Swiss nationals (Article 5 of the Swiss Criminal Code of 21 December 1937);

— where they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Criminal Code);

— where they were committed on board a Swiss ship or Swiss aircraft (Article 4 of the Federal Act of 23 September 1953 on Shipping under the Swiss Flag; Article 97 of the Federal Act of 21 December 1948 on Air Navigation);

— where the special statutory provisions so stipulate in respect of certain offences (Articles 202 and 240 of the Swiss Criminal Code; Article 19 of the Federal Act of 3 October 1951 on Narcotics; Article 101 of the Federal Act of 19 December 1958 on Road Traffic; Article 16 of the Federal Act of 14 March 1958 on the Liability of the Confederation, Members of its Authorities and its Civil Servants; Article 12 of the Federal Act of 26 September 1958 on the Export Risk Guarantee).

In accordance with the Act of 20 March 1981 on International Mutual Assistance in Criminal Matters, other offences committed abroad by a Swiss national may be prosecuted in Switzerland at the request of the State in which they were committed in cases where the person concerned is in Switzerland and is answerable there for offences of a more serious kind and where, if he is acquitted or punished in Switzerland, he is not liable to be prosecuted again for the same act in the requesting State.

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, paragraph 1b

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 16, paragraph 2

Switzerland asks that any request addressed to it in accordance with Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised with reference to the law of extradition.

Article 21

Switzerland reserves the right not to authorise 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 of market regulations.

Article 23

Switzerland asks that requests in connection with extradition addressed to its authorities, and documents annexed thereto, be accompanied by a translation into French, German or Italian if they are not written in one of these languages.

TURKEY

The assurance mentioned in Article 11 will be limited to the following procedure

In the event of extradition to Turkey of an individual under sentence of death or accused of an offence punishable by death, any requested Party whose law does not provide for capital punishment shall be authorised to transmit a request for commutation of death sentence to life imprisonment. Such request shall be transmitted by the Turkish Government to the Grand National Assembly, which is the final instance for confirming a death sentence, insofar as the Assembly has not already pronounced on the matter.

GIVEN under the Official Seal of the Government, this 13th day of January,

1989.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

The effect of this Order (which repeals and replaces all previous Orders concerning the European Convention on Extradition, 1957) is to apply in relation to the countries specified in Section 2 of the Order, the provisions of Part II of the Extradition Act, 1965 (subject in each case to the appropriate reservations and declarations specified in Parts II and III of the Schedule). The purpose of the Order is to enable extradition of persons in pursuance of the arrangements for extradition entered into by the State with those countries as parties to the European Convention on Extradition.

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 paragraph 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 or 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. 9 of 1989.

EXTRADITION ACT, 1965 (PART II) (No. 23) ORDER, 1989.

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 (referred to subsequently in this Order as "the Convention"), to which the State is a party, an arrangement was made with the other countries who are parties to the Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 2 of the Convention

AND WHEREAS the Convention was ratified on behalf of Ireland on the 12th day of July, 1988, subject to the reservation and declaration specified in Part II of the said Schedule

AND WHEREAS the Convention has also been ratified or acceded to on behalf of Austria, the Republic of Cyprus, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Finland, France, Greece, Iceland, Israel, the Italian Republic, the Principality of Liechtenstein, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, Spain, the Kingdom of Sweden, the Swiss Confederation and the Turkish Republic, subject in each case to the reservations and declarations by the country concerned specified in Part III of the said schedule

AND WHEREAS the terms of the Convention were approved by Dáil Éireann by resolution passed by it on the 29th day of June, 1988

AND WHEREAS it is intended accordingly to apply Part II of the Extradition Act, 1965 (No. 17 of 1965), to each of the countries aforesaid

NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby make the following order with respect to which pursuant to section 4 of that Act (inserted by the

Extradition (European Convention on the Suppression of Terrorism) Act, 1987

(No. 1 of 1987)) a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House