S.I. No. 386/2019 - Extradition (Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) Order 2019

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.

SCHEDULE 2

PART A

Afghanistan

Albania

Algeria

Andorra

Antigua and Barbuda

Argentina

Armenia

Australia

Azerbaijan

Bahamas

Bahrain

Bangladesh

Belarus

Belize

Benin

Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana

Brazil

Burkina Faso

Burundi

Cabo Verde

Cambodia

Cameroon

Canada

Central African Republic

Chad

Chile

China

Colombia

Comoros

Congo

Costa Rica

Côte d’Ivoire

Cuba

Democratic Republic of the Congo

Djibouti

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Eritrea

Eswatini

Ethiopia

Fiji

Gabon

Gambia

Georgia

Ghana

Guatemala

Guinea

Guinea-Bissau

Guyana

Holy See

Honduras

Iceland

Indonesia

Iraq

Israel

Japan

Jordan

Kazakhstan

Kenya

Kuwait

Kyrgyzstan

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Madagascar

Malawi

Maldives

Mali

Marshall Islands

Mauritania

Mauritius

Mexico

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Namibia

Nauru

Nepal

New Zealand

Nicaragua

Niger

Nigeria

Norway

Pakistan

Palestine

Panama

Paraguay

Peru

Philippines

Qatar

Republic of Korea

Republic of Moldova

Republic of North Macedonia

Russian Federation

Rwanda

Saint Vincent and the Grenadines

Samoa

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Somalia

South Africa

South Sudan

Sri Lanka

Switzerland

Syrian Arab Republic

Tajikistan

Thailand

Timor-Leste

Togo

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab Emirates

United States of America

Uruguay

Uzbekistan

Vanuatu

Venezuela (Bolivarian Republic of)

Viet Nam

Yemen

Zambia

PART B

Reservations and Declarations made by States Parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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

Ecuador

Ecuador declares that, in accordance with the provisions of article 42 of its Political Constitution, it will not permit extradition of its nationals.

Lao People’s Democratic Republic

“[...]

The Government of the Lao People’s Democratic Republic declares that, pursuant to Article 8, paragraph 2 of the Convention it makes extradition conditional on the existence of a treaty. Therefore, it does not consider the Convention as the legal basis for extradition in respect of the offences set forth therein. It further declares that bilateral agreements will be the basis for extradition as between the Lao People’s Democratic Republic and other States Parties in respect of any offences.”

Pakistan

“Article 8

The Government of the Islamic Republic of Pakistan declares that pursuant to Article 8, paragraph 2, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States Parties.

[...]”

United States of America

“[...]

III. The Senate’s advice and consent is subject to the following declarations

(1) That the United States declares that the provisions of articles 1 through 16 of the Convention are not self-executing.”

Viet Nam

“[...]

The Socialist Republic of Viet Nam does not consider the Convention as the direct legal basis for extradition in respect of the offences referred to in Article 4 of the Convention. Extradition shall be decided on the basis of extradition treaties to which Viet Nam is a party or the principle of reciprocity, and shall be in accordance with Vietnamese laws and regulations.”

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 apply the provisions of Part II of the

Extradition Act 1965

to the countries listed in Part A of Schedule 2 to the Order in respect of offences under the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention was ratified on behalf of the State on 11 April 2002. The countries listed in Part A of Schedule 2 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. Part B of Schedule 2 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.

3. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following

(a) Signatures, ratifications and accessions under articles 25 and 26;

(b) The date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29;

(c) Denunciations under article 31.

Article 33

4. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.

5. The Committee shall not consider any communications from an individual under this article unless it has ascertained that

(a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications under this article.

7. The Committee shall forward its views to the State Party concerned and to the individual.

8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party has made a new declaration.

Article 23

The members of the Committee and of the

ad hoc

conciliation commissions which may be appointed under article 21, paragraph 1 (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

PART III

Article 25

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd August,

2019.

WHEREAS, by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the terms of which are set out in Schedule 1 to the following Order) done at New York on 10 December 1984 (referred to subsequently in these recitals as “the Convention”) to which the State is a party, an arrangement was made with other countries that are parties to the Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention was ratified on behalf of the State on 11 April 2002;

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 entered and declarations made by certain countries concerned specified in Part B of that Schedule;

NOW I, SIMON COVENEY, Minister for Foreign Affairs and Trade, in exercise of 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