Extradition Act 1965 (Application of Part Ii) (Amendment) Order, 2002

Cited authorities 2

Cited in

Jurisdiction	Ireland
Citation	IR SI 173/2002
Year	2002

WHEREAS by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10th day of December, 1984 (referred to subsequently in these recitals as the “Convention against Torture”, and the terms of which are set out in Part A of Schedule 7A of the Extradition Act, 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3 (h) and Part A of Schedule 2 of this Order) 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 in Article 4 thereof;

AND WHEREAS the Convention against Torture was ratified on behalf of the State on the 11^th day of April 2002, and the declarations specified in Part B of the said Schedule 7A were made on behalf of the State;

AND WHEREAS the Convention against Torture has also been ratified, or acceded to, by the countries specified in that regard in the Table to Schedule 10 of the Extradition Act, 1965 (Application of Part II) Order, 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3 (k) and Schedule 4 of this Order) subject to the reservations entered and declarations made by certain of the countries concerned specified in Part C of the said Schedule 7A;

AND WHEREAS by the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”, and the terms of which are set out in Part A of Schedule 7B of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3 (i) and Part A of Schedule 3 of this Order)) 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 offences specified in Article 9 thereof;

AND WHEREAS the Convention on the Safety of UN Personnel was acceded to on behalf of the State on the 28th day of March 2002;

AND WHEREAS the Convention on the Safety of UN Personnel has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations entered and declarations made by certain of those countries concerned specified in Part B of the said Schedule 7B;

AND WHEREAS certain additional reservations have been entered to the Paris Convention the Hague Convention, the Montreal Convention, the Nuclear Material Convention, the Drug Trafficking Convention and the Anti-Terrorism Convention since the making of the Extradition Act, 1965 (Application of Part II) Order, 2000 ( S.I. No. 474 of 2000 ), the texts of which are set out in Schedules 1, 2, 3, 5, 6 and 7 of that order as amended by Schedule 1 of this Order;

AND WHEREAS certain additional declarations have been made in relation to the Paris Convention, the Hague Convention, the Montreal Convention, the Nuclear Material Convention, the Drug Trafficking Convention and the Anti-Terrorism Convention since the making of the Extradition Act, 1965 (Application of Part II) Order, 2000 ( S.I. No. 474 of 2000 ), the texts of which are set out in Schedules 1, 2, 3, 5, 6 and 7 of that order as amended by Schedule 1 of this Order;

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:

1. (1) This Order may be cited as the Extradition Act, 1965 (Application of Part II (Amendment) Order 2002.

(2) This Order shall come into operation on 18 April 2002.

2. In this Order the “Principal Order” means the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 )

3. The Principal Order is hereby amended by -

(a) the substitution of -

(i) “Schedule 1” for “First Schedule” in each place that it occurs,

(ii) “Schedule 2” for “Second Schedule” in each place that it occurs,

(iii) “Schedule 3” for “Third Schedule” in each place that it occurs,

(iv) “Schedule 4” for “Fourth Schedule” in each place that it occurs,

(v) “Schedule 5” for “Fifth Schedule” in each place that it occurs,

(vi) “Schedule 6” for “Sixth Schedule” in each place that it occurs,

(vii) “Schedule 7” for “Seventh Schedule” in each place that it occurs,

(viii) “Schedule 8” for “Eight Schedule” in each place that it occurs,

(ix) “Schedule 9” for “Ninth Schedule” in each place that it occurs,

(x) “Schedule 10” for “Tenth Schedule” in each place that it occurs,

and the substitution in each such Schedule of -

(I) “Part A” for “Part I” if it so occurs,

(II) “Part B” for “Part II” if it so occurs, and

(III) “Part C” for “Part III” if it so occurs,

and references in the Principal Order to a Part of any such Schedule shall be construed accordingly,

(b) the insertion in Part C of Schedule 1 of the reservations and declarations specified in Part A of Schedule 1 of this Order,

(c) the insertion in Part B of Schedule 2 of the reservations and declarations specified in Part B of Schedule 1 of this Order,

(d) the insertion in Part B of Schedule 3 of the reservations and declarations specified in Part C of Schedule 1 of this Order,

(e) the insertion in Part B of Schedule 5 of the reservations and declarations specified in Part D of Schedule 1 of this Order,

(f) the insertion in Part B of Schedule 6 of the reservations and declarations specified in Part E of Schedule 1 of this Order,

(g) the insertion in Part B of Schedule 7 of the reservations and declarations specified in Part F of Schedule 1 of this Order,

(h) the insertion of the Schedule set out in Schedule 2 of this Order,

(i) the insertion of the Schedule set out in Schedule 3 of this Order,

(j) the insertion in paragraph 1(1) of Schedule 10 of the following definitions:

“ ‘Convention against Torture’ means the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10th day of December, 1984;

‘Convention on the Safety of UN Personnel’ means the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December 1994;”, and

(k) the substitution in Schedule 10 of the Table set out in Schedule 4 to this Order for the Table set out in Schedule 10.

SCHEDULE 1

PART A

“Armenia :

Reservation contained in the instrument of ratification deposited on 25 January 2002:

In respect of Article 1 of the Convention, the Republic of Armenia reserves the right to refuse to grant extradition:

a. if the person to be extradited will be brought before an extraordinary court or in respect of the person who is to serve a sentence passed by such a court;

b. if there are sufficient grounds to suppose that in result of the person's state of health and age her/his extradition will be injurious to her/his health or threaten her/his life;

c. if political asylum is granted in the Republic of Armenia to the person, whose extradition is requested.

Reservation contained in the instrument of ratification deposited on 25 January 2002:

The Republic of Armenia declares that the extradition for the serving of a sentence provided in Article 2, paragraph 1 of the Convention, will be granted if the person, whose extradition is requested, has been convicted for a period of at least six months or a more severe penalty.