IE
S.I. No. 474/2000 - Extradition Act, 1965 (Application of Part II) Order, 2000.
Table of Provisions (38)
Statutory Text (38 Articles)
1. (1) In this Schedule—
“Anti-Terrorism Convention” means the European Convention on the Suppression of Terrorism done at Strasbourg on the 27th day of January, 1977;
“Australian Treaty” means the Treaty on Extradition between Ireland and Australia done at Dublin on the 2nd day of September, 1985;
“Drug Trafficking Convention” means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded at Vienna on the 20th day of December, 1988;
“Hague Convention” means the Convention for the Suppression of Unlawful Seizure of Aircraft done at the Hague on the 16th day of December, 1970;
“Montreal Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971;
“Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and at New York on the 3rd day of March, 1980;
“Paris Convention” means the European Convention on Extradition done at Paris on the 13th day of December, 1957;
“Montreal Protocol” means the Protocol done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971; and
“United States Treaty” means the Treaty on Extradition between Ireland and the United States of America done at Washington on the 13th day of July, 1983.
(2) In the Table the symbol “
x
” indicates, as may be appropriate, that—
a. the country opposite which it appears has ratified or acceded to the convention, protocol or treaty, as the case may be, under which that letter appears, or
b. the place opposite which it appears is a place to which the extradition agreement, or arrangement under section 8(2) of the Act of 1965, concerned (being the convention, treaty or protocol, as the case may be, under which that symbol appears) applies.
Countries with which the State has made an extradition agreement or arrangement under section 8(2) of the Act of 1965
Places to which an extradition agreement or arrangement under section 8(2) of the Act of 1965 applies
Paris Convention
Hague Convention
Montreal Convention
Montreal Protocol
Vienna Convention
Drug Trafficking Convention
Anti-Terrorism Convention
Australian Treaty
United States Treaty
Afghanistan
X
X
X
Albania
X
X
X
X
Algeria
X
X
X
X
Andorra
X
X
Angola
X
X
Antigua and Barbuda
X
X
X
X
Argentina
X
X
X
X
X
Armenia
X
X
Australia
X
X
X
X
X
X
Austria
X
X
X
X
X
X
X
Azerbaijan
X
X
X
X
Bahamas
X
X
X
Bahrain
X
X
X
X
Bangladesh
X
X
X
Barbados
X
X
X
Belarus
X
X
X
X
X
Belgium
X
X
X
X
X
X
X
Belize
X
X
X
X
Benin
X
X
Bhutan
X
X
X
Bolivia
X
X
X
Bosnia and Herzegovina
X
X
X
X
X
Botswana
X
X
X
X
X
Brazil
X
X
X
X
X
Brunei Darussalam
X
X
X
Bulgaria
X
X
X
X
X
X
X
Burkina Faso
X
X
X
X
Burundi
X
X
Cambodia
X
X
X
Cameroon
X
X
X
Canada
X
X
X
X
X
Cape Verde
X
X
X
Central African Republic
X
X
X
Chad
X
X
X
Chile
X
X
X
X
X
China
X
X
X
X
X
Colombia
X
X
X
Comoros
X
X
X
Congo
X
X
Costa Rica
X
X
X
Cote d'Ivoire
X
X
X
Croatia
X
X
X
X
X
X
Cuba
X
X
Cyprus
X
X
X
X
X
X
Czech Republic
X
X
X
X
X
X
X
Democratic People's Republic of Korea
X
X
X
Democratic People's Republic of the Congo
X
X
Denmark
X
X
X
X
X
X
X
Djibouti
X
X
Dominica
X
Dominican Republic
X
X
X
Ecuador
X
X
X
X
Egypt
X
X
X
X
El Salvador
X
X
X
X
Equatorial Guinea
X
X
Estonia
X
X
X
X
X
X
X
Ethiopia
X
X
X
X
Fiji
X
X
X
X
Finland
X
X
X
X
X
X
X
France
X
X
X
X
X
X
X
Gabon
X
X
Gambia
X
X
X
X
Georgia
X
X
X
X
Germany
X
X
X
X
X
X
X
Ghana
X
X
X
X
Greece
X
X
X
X
X
X
X
Grenada
X
X
X
Guatemala
X
X
X
X
X
Guinea
X
X
X
X
Guinea - Eissau
X
X
X
Guyana
X
X
X
Haiti
X
X
X
Honduras
X
X
X
Hungary
X
X
X
X
X
X
X
Iceland
X
X
X
X
X
X
India
X
X
X
X
Indonesia
X
X
X
X
Iran (Islamic Republic of)
X
X
X
Iraq
X
X
X
X
Ireland
X
X
X
X
X
X
X
X
X
Israel
X
X
X
X
Italy
X
X
X
X
X
X
X
Jamaica
X
X
X
Japan
X
X
X
X
X
Jordan
X
X
X
X
Kazakhstan
X
X
X
X
Kenya
X
X
X
X
Kuwait
X
X
X
X
Kyrgyzstan
X
X
X
X
Lao People's Democratic Republic
X
X
Latvia
X
X
X
X
X
X
Lebanon
X
X
X
X
X
Lesotho
X
X
X
Liberia
X
X
Libyan Arab Jamahiriya
X
X
X
X
X
Liechtenstein
X
X
X
X
Lithuania
X
X
X
X
X
X
X
Luxembourg
X
X
X
X
X
X
Madagascar
X
X
X
X
Malawi
X
X
X
Malaysia
X
X
X
Maldives
X
X
X
X
Mali
X
X
X
X
Malta
X
X
X
X
X
X
Marshall Islands
X
X
X
Mauritania
X
X
X
Mauritius
X
X
X
Mexico
X
X
X
X
X
Monaco
X
X
X
X
X
Mongolia
X
X
X
X
Morocco
X
X
X
Mozambique
X
Myanmar
X
X
X
X
Nauru
X
X
Nepal
X
X
X
Netherlands
X
X
X
X
X
X
X
New Zealand
X
X
X
X
Nicaragua
X
X
X
Niger
X
X
X
Nigeria
X
X
X
Norway
X
X
X
X
X
X
X
Oman
X
X
X
X
Pakistan
X
X
X
X
X
Palau
X
X
X
Panama
X
X
X
X
X
Papua New Guinea
X
X
Paraguay
X
X
X
X
Peru
X
X
X
X
X
Philippines
X
X
X
X
Poland
X
X
X
X
X
X
Portugal
X
X
X
X
X
X
Qatar
X
X
X
Republic of Korea
X
X
X
X
X
Republic of Moldova
X
X
X
X
X
X
X
Romania
X
X
X
X
X
X
X
Russian Federation
X
X
X
X
X
X
X
Rwanda
X
X
Saint Kitts and Nevis
X
Saint Lucia
X
X
X
X
Saint Vincent and the Grenadines
X
X
X
X
Samoa
X
X
X
San Marino
X
Sao Tome and Principe
X
Saudi Arabia
X
X
X
X
Senegal
X
X
X
Seychelles
X
X
X
Sierra Leone
X
X
X
Singapore
X
X
X
X
Slovakia
X
X
X
X
X
X
X
Slovenia
X
X
X
X
X
X
Solomon Islands
X
South Africa
X
X
X
X
Spain
X
X
X
X
X
X
X
Sri Lanka
X
X
X
X
Sudan
X
X
X
X
X
Suriname
X
X
X
Swaziland
X
X
X
Sweden
X
X
X
X
X
X
X
Switzerland
X
X
X
X
X
X
Syrian Arab Republic
X
X
X
Tajikistan
X
X
X
X
X
Thailand
X
X
X
The Former Yugoslav Republic of Macedonia
X
X
X
X
X
Togo
X
X
X
X
Tonga
X
X
X
Trinidad and Tobago
X
X
X
Tunisia
X
X
X
X
X
Turkey
X
X
X
X
X
X
X
Turkmenistan
X
X
X
X
Uganda
X
X
X
X
Ukraine
X
X
X
X
X
X
United Arab Emirates
X
X
X
X
United Kingdom
X
X
X
X
X
X
X
United Republic of Tanzania
X
X
X
United States
X
X
X
X
X
X
Uruguay
X
X
X
X
Uzbekistan
X
X
X
X
X
Vanuatu
X
X
Venezuela
X
X
X
Viet Nam
X
X
X
X
Yemen
X
X
X
Yugoslavia
X
X
X
X
X
Zambia
X
X
X
Zimbabwe
X
X
X
Netherlands Antilles
X
Aruba
X
GIVEN under the Official Seal of the Government, this 19th day of December, 2000.
BERTIE AHERN,
Taoiseach.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The effect of this Order is to set out, in a single consolidated Order, all the extradition arrangements of the State made pursuant to international agreements. The Order applies the provisions of Part II of the enabling Act to the countries specified in the Table to the Tenth Schedule to the Order to the extent set out therein, subject in each case to the appropriate reservations and declarations specified in the other Schedules to the Order. The Order repeals and replaces all Orders previously made under Section 8(1) of the enabling Act, as well as giving effect to international obligations relating to extradition undertaken by the State since the making of the previous Orders.
2. This Treaty shall enter into force thirty days after the exchange of the instruments of ratification.
3. The Treaty shall terminate and replace any bilateral extradition agreement in force between Ireland and the United States.
4. Either Contracting Party may terminate this Treaty by giving written notice to the other Contracting Party at any time, and the termination shall become effective six months after the date of receipt of such notice.
IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Treaty.
DONE in duplicate at Washington this thirteenth day of July 1983.
FOR THE
FOR THE
GOVERNMENT OF
GOVERNMENT OF
IRELAND
THE UNITED STATES
OF AMERICA
TENTH SCHEDULE
5. When the request for extradition relates to a convicted person, it should also be supported
(
a
) by the original or an authenticated copy of the judgment of conviction; and
(
b
) if a sentence has been imposed, by the original or an authenticated copy of the sentence and a statement of the extent to which it has been carried out and that it is immediately enforceable.
6. All documents transmitted by the Requesting State shall be in English or shall be translated into English by that State.
Article IX Additional Evidence or Information
7. It is the understanding of Colombia that the assistance provided for under article 17 of the Convention will be effective only on the high seas and at the express request and with the authorization of the Colombian Government.
8. Colombia declares that it considers contrary to the principles and norms of international law, in particular those of sovereign equality, territorial integrity and non-intervention, any attempt to abduct or illegally deprive of freedom any person within the territory of one State for the purpose of bringing that person before the courts of another State.
9. It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution of foreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed.
The international obligations deriving from article 3, paragraphs 1 (c) and 2, as well as from article 11 are conditional on respect for Colombian constitutional principles and the above three reservations and nine declarations making the Convention compatible with the Colombian constitutional order.
Cuba
Declaration
The Government of the Republic of Cuba declares that it does not consider itself bound by the provisions of article 32, paragraphs 2 and 3, and that disputes which arise between the Parties should be settled by negotiation through the diplomatic channel.
Cyprus
Upon signature
“[Signature is effected] subject to ratification, at the time of which reservations in respect of specific provisions of the Convention may be made and deposited in the prescribed manner. [It is understood] that such reservations, if any, cannot be incompatible with the object and purpose of this Convention.”
Upon ratification
Declaration
“As a result of the occupation of 37 per cent of the territory of the Republic of Cyprus, which since 1974 is occupied by Turkish troops in violation of the United Nations Charter and of basic principles of international law, the Government of the Republic of Cyprus is prevented from exercising its legitimate control and jurisdiction throughout the territory of the Republic of Cyprus and consequently over those activities in the illegally occupied area which are related to illicit drug trafficking.”
Denmark
Declarations
“The Convention shall not apply to the Faroe Islands and Greenland.”
With regard to article 17
“Authorization granted by Danish authority pursuant to article 17 denotes only that Denmark will abstain from pleading infringement of Danish sovereignty in connection with the requesting State's boarding of a vessel. Danish authorities cannot authorize another State to take legal action on behalf of the Kingdom of Denmark.”
France
Reservations
The Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that any dispute relating to the interpretation or application of the Convention which cannot be settled in the manner prescribed in paragraph 1 of the said article may not be referred to the International Court of Justice unless all the parties to the dispute agree thereto.
Similarly, the Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 3.
Germany
Declaration
It is the understanding of the Federal Republic of Germany that the basic concepts of the legal system referred to in article 3, paragraph 2 of the Convention may be subject to change.
Indonesia
Reservation
“The Republic of Indonesia [...] does not consider itself bound by the provision of article 32 paragraphs (2) and (3), and take the position that disputes relating to the interpretation and application [of] the Convention which have not been settled through the channel provided for in paragraph (1) of the said article, may be referred to the International Court of Justice only with the consent of the Parties to the dispute.”
Iran (Islamic Republic of)
Upon signature
“The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law.
“The Government furthermore wishes to make a reservation to article 32, paragraphs 2 and 3, since it does not consider itself bound to compulsory jurisdiction of the International Court of Justice and feels that any disputes arising between the Parties concerning the interpretation or application of the Convention should be resolved through direct negotiations by diplomatic means.”
Kuwait
Reservation
With reservation as to paragraphs (2) and (3) of article 32 of this Convention.
Lebanon
Reservations
10. Action pursuant to paragraph 4 of this article shall be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.
11. Any action taken in accordance with this article shall take due account of the need not to interfere with or affect the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea.
Article 18
FREE TRADE ZONES AND FREE PORTS
12. Each Party shall furnish annually to the Board, in the form and manner provided for by it and on forms made available by it, information on
(
a
) The amount seized of substances in Table I and Table II and, when known, their origin;
(
b
) Any substance not included in Table I or Table II which is identified as having been used in illicit manufacture of narcotic drugs or psychotropic substances, and which is deemed by the Party to be sufficiently significant to be brought to the attention of the Board;
(
c
) Methods of diversion and illicit manufacture.
13. The Board shall report annually to the Commission on the implementation of this article and the Commission shall periodically review the adequacy and propriety of Table I and Table II.
14. The provisions of this article shall not apply to pharmaceutical preparations, nor to other preparations containing substances in Table I or Table II that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable means.
Article 13
MATERIALS AND EQUIPMENT
The Parties shall take such measures as they deem appropriate to prevent trade in and the diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and shall co-operate to this end.
Article 14
MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC PLANTS AND TO ELIMINATE ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
15. Mutual legal assistance may be refused
(
a
) If the request is not made in conformity with the provisions of this article;
(
b
) If the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, public order or other essential interests;
(
c
) If the authorities of the requested Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or proceedings under their own jurisdiction;
(
d
) If it would be contrary to the legal system of the requested Party relating to mutual legal assistance for the request to be granted.
16. Reasons shall be given for any refusal of mutal legal assistance.
17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes with an ongoing investigation, prosecution or proceeding. In such a case, the requested Party shall consult with the requesting Party to determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting Party, shall not be prosecuted, detained, punished or subjected to any other restriction of his personal liberty in that territory in respect of acts, omissions or convictions prior to his departure from the territory of the requested Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days, or for any period agreed upon by the Parties, from the date on which he has been officially informed that his presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory or, having left it, has returned of his own free will.
19. The ordinary costs of executing a request shall be borne by the requested Party, unless otherwise agreed by the Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne.
20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to, or enhance the provisions of this article.
Article 8
TRANSFER OF PROCEEDINGS
The Parties shall give consideration to the possibility of transferring to one another proceedings for criminal prosecution of offences established in accordance with article 3, paragraph 1, in cases where such transfer is considered to be in the interests of a proper administration of justice.
Article 9
OTHER FORMS OF CO-OPERATION AND TRAINING
21. Wilful damage to property;
22. False pretences, fraudulent bankruptcy, and fraud in connection with bankruptcy or seizure.
V. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against faith (foi publique).
23. Counterfeiting or forging of coins or paper money or official stamps representing a value (postage stamps, etc.), banknotes, bonds, shares and other securities issued by the government or by corporations, companies or individuals; introduction, issue or placing in circulation of such counterfeit or forged objects with fraudulent intent;
24. Counterfeiting or forging of seals, dies, stamps or plates; fraudulent use or misuse of counterfeit or genuine seals, stamps, dies or plates;
25. Forging or counterfeiting of documents; uttering of forged instruments (fraudulent use of counterfeit or forged documents), abstraction of documents, misuse of a paper signed in blank;
26. Moving of boundary-marks.
VI. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] constituting a public danger.
27. Causing of fire, misuse of explosives, causing of flooding intentionally or through lack of care or imprudence;
28. Destroying or damaging, wilfully or through lack of care or imprudence, of railways, steamboats, postal installations, or electrical equipment and lines (telegraph, telephone) and endangering of their use;
29. Acts committed wilfully or through lack of care or imprudence liable to cause the destruction, grounding or loss of a ship;
30. Spreading of contagious diseases, epidemics or epizootics, wilfully or through lack of care or imprudence; impairing of springs, wells or other water through harmful substances constituting a public danger;
31. Intentional imitation or adulteration of foodstuffs constituting a danger to human health or the health of animals; offering for sale or placing in circulation of such unhealthy or tainted foodstuffs, with concealment of their harmfulness;
31bis. Wilful infringement of the regulations on narcotics, insofar as such infringement is punishable by imprisonment.
VII. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the administration of justice.
32. False accusation;
33. Perjury or misrepresentation under a solemn promise;
34. False evidence, false report by an expert, false declaration by an interpreter; subornation of witnesses, experts or interpreters.
VIII. Offences [The term “offences” in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] relating to the exercise of official duties.
35. Bribery of public officials, jurors, arbitrators or experts;
36. Misappropriation and extortion by public officials; abuse of authority as a result of bribery or with fraudulent intent;
37. Destruction of letters or telegrams, violation of the secrecy of letters or telegrams by post office employees.
Section 154 of the Federal Act of 23 September 1953 on shipping under the Swiss flag provides that offences punishable under the Act by imprisonment for one year or by a more severe sentence are extraditable within the meaning of Swiss legislation on extradition to foreign States. The offences in question are
— intentional or negligent endangering of vessel (Section 128);
— intentional or negligent endangering of shipping (Section 129);
— putting to sea of an unseaworthy vessel (Section 131);
— failure to give assistance (Section 133(1));
— abandonment of ship in peril (Section 134);
— failure to exercise command (Section 135(1));
— abuse of authority and unauthorised assumption of authority (Section 136(1));
— drunkenness (Section 139(1));
— disobedience (Section 140(3));
— unauthorised taking on board of persons and objects (Section 141(1));
— endangering of shipowner or master through smuggling (Section 142(1) and (3));
— misuse of flag (Section 143(1));
— fraud in registration (Section 144(1));
— unlawful removal of a vessel held by the authorities, infringement of a regulation of the authorities (Section 145);
— improper transfer (Section 146).
Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983
The reservation on Article 2, paragraph 2 read as follows
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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983
The reservation on Article 6 read as follows
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 misdemeanours (“délits”) 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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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 correctional 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 14 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 23 September 1953 on shipping under the Swiss flag; Section 97 of the Federal Act of 21 December 1948 on air navigation).
Reservation contained in the instrument of ratification, deposited on 20 December 1966 — and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983
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 condidered 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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Declaration contained in the instrument of ratification, deposited on 20 December 1966
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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Reservation contained in the instrument of ratification, deposited on 20 December 1966
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.
Declaration contained in the instrument of ratification, deposited on 20 December 1966
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.
Declaration contained in a letter from the Permanent Representative dated 21 August 1991, registered at the Secretariat General on 22 August 1991
With reference to the reservation made by Portugal concerning Article 1(c) of the European Convention on extradition, I have the honour to inform you that my Government supports the declaration sent to you on this question by the German Government on 4 February 1991, and the declaration sent to you on 4 June 1991 by the Austrian Government in support of the German position.
In fact, the reservation in question is compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long prison sentence or detention order is not absolute. My Government also takes the reservation to mean that extradition will be refused only when there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain part of his sentence or period of detention, to obtain a judicial review of his case with a view to having the remainder of the sentence commuted to probation.
The former Yugoslav Republic of Macedonia
Declaration contained in the instrument of ratification deposited on 28 July 1999
Taking into account Article 4 of the Constitution of the Republic of Macedonia, which does not allow the extradition of the citizens of the Republic of Macedonia, the provisions of this Convention shall only apply to the persons which are not citizens of the Republic of Macedonia.
Reservation contained in the instrument of ratification deposited on 28 July 1999
The Republic of Macedonia shall not agree to surrender the person claimed, if this person is charged by an extraordinary court, or in cases where the surrender is requested for the purposes of executing a sentence, safety measure or correctional measure that was passed by such a court.
Reservation contained in the instrument of ratification deposited on 28 July 1999
Even in the cases where the final sentence or the arrest warrant are passed by the competent authorities in a country which is Party to this Convention, the Republic of Macedonia reserves the right to refuse the requested surrender, if an examination of the case in question shows that the said sentence or arrest warrant are manifestly ill-founded.
Reservation contained in the instrument of ratification deposited on 28 July 1999
In the event that the person claimed has not been taken over by the requesting Party, on the appointed date, the Republic of Macedonia reserves the right to annul the measure of restraint imposed on that person.
Turkey
Reservation contained in a letter from the Ministry of Foreign Affairs, dated 30 November 1957, handed to the Secretary General at the time of signature, on 13 December 1957
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.
Declaration contained in a letter from the Permanent Representative of Turkey, dated 15 June 1994, registered at the Secretariat General, on 21 June 1994
Concerning the reservations and declarations formulated by Poland at the time of ratification of the European Convention on Extradition, the Turkish Government shares the interpretation made by the Federal Republic of Germany and Austria, registered respectively on 13 October 1993 and 11 January 1994.
The Turkish Government considers that Poland's declaration concerning Article 6, paragraph 1.b, which assimilates persons who have been granted asylum in Poland to Polish nationals, is compatible with the aim and purpose of the Convention only if it does not apply to cases of extradition of the said persons to a third State other than that in respect of which asylum has been granted.
Ukraine
Reservation contained in the instrument of ratification, deposited on 11 March 1998
Ukraine reserves the right to refuse extradition if the person whose extradition is requested cannot, on account of his/her state of health, be extradited without damage to his/her health.
Reservation contained in the instrument of ratification, deposited on 11 March 1998
Ukraine shall grant extradition only for offences which are punishable by imprisonment for a maximum period of not less than one year or by a more severe penalty.
Declaration contained in the instrument of ratification, deposited on 11 March 1998
The extradition in respect of general criminal offences which are also military offences may only be granted provided that the person whose extradition is requested will not be subject to criminal prosecution in accordance with martial law.
Declaration contained in the instrument of ratification, deposited on 11 March 1998
Ukraine will not extradite citizens of Ukraine to another State. For the purposes of this Convention, any person is considered to be a citizen of Ukraine who, in accordance with the laws of Ukraine at the time when the decision to extradite is taken, is a citizen of Ukraine.
Declaration contained in the instrument of ratification, deposited on 11 March 1998
Ukraine shall allow transit through its territory of persons who are extradited on the same conditions as those on which extradition is granted.
Declaration contained in the instrument of ratification, deposited on 11 March 1998
Requests for extradition and documents appended thereto shall be sent to Ukraine together with a translation into Ukrainian or into one of the official languages of the Council of Europe unless they are drawn up in those languages.
Declaration contained in a letter from the Permanent Representative, dated 31 January 2000, registered at the Secretariat General on 1 February 2000
The Ministry of Justice of Ukraine (in case of requests by courts) and the Prosecutor-General's Office of Ukraine (in case of requests by bodies of pre-trial investigation) shall be the authorities to which reference is made in article 12, paragraph 1 of the Convention, as amended by the Second Additional Protocol.
United Kingdom
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom reserves the right to refuse to grant extradition which is requested pursuant to or for the purpose of executing a conviction or sentence pronounced against the person concerned in his absence from proceedings in respect of which the conviction or sentence was pronounced.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom may decide to grant extradition in respect of any offences which under the law of the requesting State and the law of the United Kingdom are punishable by a sentence of imprisonment for a term of 12 months or any greater punishment, whether or not such a sentence has in fact been imposed.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence or each of the offences in respect of which a person's return is sought that by reason of its trivial nature, or because the accusation is not made in good faith in the interests of justice, it would in all the circumstances be unjust or oppressive to return him.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom reserves the right to apply the provisions of Article 3 paragraph 3 only in respect of States parties to the European Convention on the Suppression of Terrorism.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom may refuse to extradite a person if the authorities in any part of the United Kingdom, the Channel Islands or the Isle of Man have instituted or are about to institute criminal or other proceedings against that person, whether or not those proceedings are in respect of the offence or offences for which extradition is requested.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom reserves the right to refuse to grant extradition of a person accused of an offence, if it appears that that person would if charged with that offence in the United Kingdom be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990
The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence, or each of the offences, in respect of which the person's return is sought that by reason of the passage of time since he is alleged to have committed it, or to have become unlawfully at large, as the case may be, it would, having regard to all the circumstances, be unjust or oppressive to return him.
Reservation contained in a letter dated 13 February 1990, handed over to the Secretary General at the time of deposit of the instrument of ratification on 13 February 1990 — and partially withdrawn by letter from the Permanent Representative dated 18 June 1991, registered at the Secretariat General on 21 June 1991
Reservation relating to Article 12 reads as follows
To be made by the Government
WHEREAS by the European Convention on Extradition (the terms of which are set out in Part I of the First Schedule hereto), done at Paris on the 13th day of December, 1957 (referred to subsequently in these recitals as “the Paris Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 2 thereof;
AND WHEREAS the Paris Convention was ratified on behalf of the State on the 12th day of July, 1988, subject to the reservation and declarations specified in Part II of the said First Schedule;
AND WHEREAS the Paris Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the Table to the Tenth Schedule hereto subject to the reservations and declarations by certain of the countries concerned specified in Part III of the said First Schedule;
AND WHEREAS pursuant to Article 27.4 of the Paris Convention, the Government have made an arrangement (within the meaning of subsection (2) of
section 8
of the
Extradition Act, 1965
(No. 17 of 1965)) with the Government of the Kingdom of the Netherlands by means of an exchange of letters dated the 27th day of July 1995, and the 4th day of December 2000 (the terms of which are set out in Part IV of the said First Schedule) extending that Convention to the places specified in the said Part IV;
AND WHEREAS by the Convention for the Suppression of Unlawful Seizure of Aircraft (the terms of which are set out in Part I of the Second Schedule hereto), done at the Hague on the 16th day of December, 1970 (referred to subsequently in these recitals as “the Hague Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;
AND WHEREAS the Hague Convention was ratified on behalf of the State on the 14th day of November, 1975;
AND WHEREAS the Hague Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject, to the reservations and declarations by certain of the countries concerned specified in Part II of the said Second Schedule;
AND WHEREAS by the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the terms of which are set out in Part I of the Third Schedule hereto), done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 1 thereof;
AND WHEREAS the Montreal Convention was acceded to on behalf of the State on the 12th day of October, 1976;
AND WHEREAS the Montreal Convention has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Third Schedule;
AND WHEREAS by the Protocol, done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971 (referred to subsequently in these recitals as “the Montreal Protocol” and the terms of which are set out in Part I of the Fourth Schedule hereto), to which the State is a party, an arrangement (within the meaning of subsection (2) of
section 8
of the
Extradition Act, 1965
(No. 17 of 1965)) was made with the other countries that are parties to that Protocol whereby provisions supplementary to those of the Montreal Convention were adopted;
AND WHEREAS the Montreal Protocol was ratified on behalf of the State on the 26th day of July, 1991;
AND WHEREAS the Montreal Protocol has also been ratified or acceded to on behalf of the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fourth Schedule;
AND WHEREAS by the Convention on the Physical Protection of Nuclear Material (the terms of which are set out in Part I of the Fifth Schedule hereto), opened for signature at Vienna and New York on the 3rd day of March, 1980 (referred to subsequently in these recitals as “the Nuclear Material Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 7 thereof;
AND WHEREAS the Nuclear Material Convention was ratified on behalf of the State on the 6th day of September, 1991;
AND WHEREAS the Nuclear Material Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Fifth Schedule;
AND WHEREAS by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the terms of which are set out in Part I of the Sixth Schedule hereto), concluded at Vienna on the 20th day of December, 1988 (referred to subsequently in these recitals as “the Drug Trafficking Convention”), to which the State is a party, an arrangement was made with the other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 3 thereof;
AND WHEREAS the Drug Trafficking Convention was ratified on behalf of the State on the 3rd day of September, 1996;
AND WHEREAS the Drug Trafficking Convention has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Sixth Schedule;
AND WHEREAS by the European Convention on the Suppression of Terrorism (the terms of which are set out in Part I of the Seventh Schedule hereto) done at Strasbourg on the 27th day of January, 1977 (referred to subsequently in these recitals as “the Anti-Terrorism Convention”), to which the State is a party, an arrangement (within the meaning of subsection (2) of
section 8
of the
Extradition Act, 1965
(No. 17 of 1965)) was made with the other countries that are parties to that Convention whereby certain offences would not, for the purposes of extradition, be treated as political offences;
AND WHEREAS the Anti-Terrorism Convention was ratified on behalf of the State on the 21st day of February, 1989;
AND WHEREAS the Anti-Terrorism Convention has also been ratified or acceded to by the countries specified in that regard in the said Table subject to the reservations and declarations by certain of the countries concerned specified in Part II of the said Seventh Schedule;
AND WHEREAS by the Treaty on Extradition between the State and Australia (the terms of which are set out in the Eighth Schedule hereto), done at Dublin on the 2nd day of September, 1985, (referred to subsequently in these recitals as “the Australian Treaty”), an arrangement was made with Australia for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;
AND WHEREAS the terms of the Australian Treaty were approved by Dáil Éireann by resolution passed by it on the 29th day of June, 1988;
AND WHEREAS by notes exchanged at Canberra on the 27th day of February, 1989, the State and Australia have, in accordance with the Australian Treaty, notified each other that their respective requirements for the entry into force of the Australian Treaty have been complied with;
AND WHEREAS by the Treaty on Extradition between the State and the United States of America (the terms of which are set out in the Ninth Schedule hereto), signed at Washington on the 13th day of July, 1983 (hereinafter referred to as “the United States Treaty”), an arrangement was made with the United States of America for the surrender of persons wanted for prosecution or punishment for an offence specified in Article II thereof;
AND WHEREAS the terms of the United States Treaty were approved by Dáil Éireann on the 25th day of November, 1986;
AND WHEREAS the United States Treaty has been ratified on behalf of the State and of the United States of America and the instruments of ratification referred to therein were exchanged at Dublin on the 13th day of January, 1987;
AND WHEREAS it is intended accordingly to apply Part II of
the Extradition Act, 1965
(No. 17 of 1965), to each of the countries (other than the United Kingdom of Great Britain and Northern Ireland) specified in the said Table and to make declarations pursuant to section 8(2) of the said Act in relation to the said arrangements with the Government of the Kingdom of the Netherlands, the Anti-Terrorism Convention and the Protocol;
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
Section 7
of 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 motion approving of the draft has been passed by each such House