S.I. No. 382/2019 - Extradition (European Convention on the Suppression Of Terrorism) Order 2019

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives, provided that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including

a. that it created a collective danger to the life, physical integrity or liberty of persons; or

b. that it affected persons foreign to the motives behind it; or

c. that cruel or vicious means have been used in the commission of the offence.

2. Any State may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

3. A State which has made a reservation in accordance with paragraph 1 of this article may not claim the application of Article 1 by any other State; it may, however, if its reservation is partial or conditional, claim the application of that article in so far as it has itself accepted it.

Article 14

Any Contracting State may denounce this Convention by means of a written notification addressed to the Secretary General of the Council of Europe. Any such denunciation shall take effect immediately or at such later date as may be specified in the notification.

Article 15

This Convention ceases to have effect in respect of any Contracting State which withdraws from or ceases to be a member of the Council of Europe.

Article 16

The Secretary General of the Council of Europe shall notify the member States of the Council of

a. any signature;

b. any deposit of an instrument of ratification, acceptance or approval;

c. any date of entry into force of this Convention in accordance with Article 11 thereof;

d. any declaration or notification received in pursuance of the provisions of Article 12;

e. any reservation made in pursuance of the provisions of Article 13, paragraph 1;

f. the withdrawal of any reservation effected in pursuance of the provisions of Article 13, paragraph 2;

g. any notification received in pursuance of Article 14 and the date on which denunciation takes effect;

h. any cessation of the effects of the Convention pursuant to Article 15.

In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, 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 each of the signatory States.

SCHEDULE 2

PART A

Albania

Armenia

Austria

Azerbaijan

Bosnia and Herzegovina

Georgia

Iceland

Italy

Liechtenstein

Monaco

Montenegro

Netherlands

Norway

Republic of Moldova

Republic of North Macedonia

Russian Federation

San Marino

Serbia

Switzerland

Turkey

Ukraine

PART B

Reservations and Declarations made by States Parties with respect to the European Convention on the Suppression of Terrorism

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval, formal confirmation, succession or accession.)

Azerbaijan

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation [...].

In accordance with paragraph 1 of Article 13 of the Convention, the Republic of Azerbaijan reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

Georgia

Until the full restoration of jurisdiction of Georgia over the territories of Abkhazia and Tskhinvali region, Georgia will be unable to assume responsibility for the full compliance with the provisions of the Convention on these territories.

Iceland

The Government of Iceland, in accordance with the provisions of Article 13 of the Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives.

Declaration contained in a letter from the Permanent Representative of Iceland, dated 2 February 2006, registered at the Secretariat General on 7 February 2006 (updated by a communication from the Ministry of Justice and Human Rights of Iceland, dated 4 December 2009, confirmed by a communication from the Permanent Representation of Iceland, dated and registered at the Secretariat General on 8 December 2009)

Iceland declares that the appointed central authority to carry out the functions of the Convention is

the Ministry of Justice and Human Rights

Skuggasund

150 Reykjavik

Iceland

tel.: +354 545 9000

fax.: +354 552 7340

Email: postur@dmr.stjr.is

Monaco

The Principality of Monaco declares that it reserves itself the right to refuse extradition in conformity with the provisions of Article 13, paragraph 1, of the Convention.

Montenegro

Pursuant to Article 13 of the Convention, Serbia and Montenegro reserves the right to refuse to extradite a person because of any criminal offence mentioned in Article 1 which it considers a political criminal offence, as well as a criminal offence in connection with a political criminal offence or a criminal offence inspired by political motivation.

Republic of North Macedonia

In accordance with Article 13 of the Convention, the Republic of Macedonia reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, the Republic of Macedonia undertakes to take into due consideration when evaluating the character of the offence, its particularly serious aspects, including that it created a collective danger to the life, physical integrity or liberty of persons or that it affected persons foreign to the motives behind it or that cruel or vicious means have been used in the commission of the offence.

Russian Federation

The Russian Federation assumes that the provisions of Article 5 and Article 8, paragraph 2, of the Convention shall be applied in such a way that would ensure inevitable liability for the commitment of crimes falling within the Convention, without prejudice to effective international co-operation in extradition and legal assistance matters.

San Marino

In accordance with Article 13, paragraph 1, of the Convention, the Republic of San Marino reserves its right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives.

Serbia

Pursuant to Article 13 of the Convention, Serbia and Montenegro reserves the right to refuse to extradite a person because of any criminal offence mentioned in Article 1 which it considers a political criminal offence, as well as a criminal offence in connection with a political criminal offence or a criminal offence inspired by political motivation.

Ukraine

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015.

“[...]

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.”

GIVEN under my Official Seal,

18 July, 2019.

SIMON COVENEY,

Minister for Foreign Affairs and Trade.

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 make a declaration under section 8(2) of the

Extradition Act 1965

to the effect that the Government have made an arrangement (namely, the 1977 European Convention on the Suppression of Terrorism and the reservations and declarations specified in Part B of Schedule 2 of this Order) that all extradition treaties and arrangements applicable between the State and the countries specified in Part A of Schedule 2 of this Order, are modified to the extent that they are incompatible with the Convention. The countries listed in Part A of Schedule 3 are those states parties to the Convention other than Member States of the European Union because extradition to and from those Member States is regulated by the European Arrest Warrant system.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd August,

2019.

WHEREAS by the European Convention on the Suppression of Terrorism done at Strasbourg on 27 January 1977 (referred to subsequently in these recitals as the “Convention”, and the terms of which are set out in Schedule 1 to the following order) to which the State is a party, an arrangement was made with other countries that are parties to that Convention whereby all extradition agreements, extradition treaties and arrangements applicable between the State and those countries are modified to the extent that they are incompatible with the Convention;

AND WHEREAS the Convention was ratified on behalf of the State on 21 February 1989;

AND WHEREAS the Convention has also been ratified or acceded to by the countries specified in that regard in Part A of Schedule 2 to the following order subject to the reservations and declarations by certain of the countries concerned specified in Part B of that Schedule;

AND WHEREAS it is intended accordingly to make a declaration pursuant to section 8(2) of the

Extradition Act 1965

(No. 17 of 1965) in relation to the Convention;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of the powers conferred on me by section 8 (amended by

section 57

(3) of the

Criminal Justice (Terrorist Offences) Act 2005

(No. 2 of 2005)) of the

Extradition Act 1965

(No. 17 of 1965) (as adapted by the Foreign Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 246 of 2011

)), and after consultation with the Minister for Justice and Equality, hereby order as follows