S.I. No. 389/2019 - Extradition (Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents) Order 2019

1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. Denunciation shall take effect six months following the date on which notification is received by the Secretary-General of the United Nations.

Article 19

The Secretary-General of the United Nations shall inform all States,

inter alia

(a) of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16 and of notifications made under article 18;

(b) of the date on which this Convention will enter into force in accordance with article 17.

Article 20

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973.

SCHEDULE 2

PART A

Afghanistan

Albania

Algeria

Andorra

Antigua and Barbuda

Argentina

Armenia

Australia

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belize

Benin

Bhutan

Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam

Burkina Faso

Burundi

Cabo Verde

Cambodia

Cameroon

Canada

Central African Republic

Chile

China

Colombia

Comoros

Costa Rica

Côte d‘Ivoire

Cuba

Democratic People’s Republic of Korea

Democratic Republic of the Congo

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Eswatini

Ethiopia

Fiji

Gabon

Georgia

Ghana

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Holy See

Honduras

Iceland

India

Iran (Islamic Republic of)

Iraq

Israel

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati

Kuwait

Kyrgyzstan

Lao People’s Democratic Republic

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Madagascar

Malawi

Malaysia

Maldives

Mali

Marshall Islands

Mauritania

Mauritius

Mexico

Micronesia (Federated States of)

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Myanmar

Namibia

Nauru

Nepal

New Zealand

Nicaragua

Niger

Nigeria

Niue

Norway

Oman

Pakistan

Palau

Palestine

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Qatar

Republic of Korea

Republic of Moldova

Republic of North Macedonia

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

South Africa

Sri Lanka

Sudan

Switzerland

Syrian Arab Republic

Tajikistan

Thailand

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab Emirates

United States of America

Uruguay

Uzbekistan

Venezuela (Bolivarian Republic of)

Viet Nam

Yemen

Zambia

PART B

Declarations and Reservations made by States Parties with respect to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents

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

Holy See

“[...]

Pursuant to articles 8.2 and 8.3 of the Convention, the Holy See declares that it takes the Convention as the legal basis for cooperation on extradition with other Parties to the Convention, subject to the limitations to the extradition of persons provided for by its domestic law.

With regard to articles 8 and 10 of the Convention, the Holy See declares that, in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008), nothing in the Convention shall be interpreted as imposing an obligation to extradite or provide mutual legal assistance if there are substantial grounds for believing that the request is made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion; that compliance with the request would cause prejudice to that person’s position for any of these reasons; or that the person would be subject to the death penalty or to torture.

[...]”

Mozambique

“[...]

Furthermore, the Republic of Mozambique declares that: The Republic of Mozambique, in accordance with its Constitution and domestic laws, cannot extradite Mozambique citizens.

Therefore, Mozambique citizens will be tried and sentenced in national courts.”

Thailand

“1. In applying the provision of article 8, paragraph 3 of the Convention, extraditable offences shall be restricted to offences which, under Thai law, are punishable with imprisonment of not less than one year and are subject to the procedural provisions and other conditions of the Thai legislation for extradition.[...]”

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 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. The Convention was acceded to on behalf of the State on 30 June 2005. 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. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 14

This Convention shall be opened for signature by all States, until 31 December 1974, at United Nations Headquarters in New York.

Article 15

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 16

This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 17

4. Each of the crimes shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3.

Article 9

Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in article 2 shall be guaranteed fair treatment at all stages of the proceedings.

Article 10

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

9

th August,

2019.

WHEREAS, by the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (the terms of which are set out in Schedule 1 to the following Order) done at New York on 14 December 1973 (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 that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified therein;

AND WHEREAS the Convention was acceded to on behalf of the State on 30 June 2005;

AND WHEREAS the Convention has also been ratified, or acceded to, by the countries specified in Part A of Schedule 2 to the following Order, subject to the reservations entered and the 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