Extradition (European Convention On The Suppression Of Terrorism) Order 2019.

Published date02 August 2019
Statutory Instrument No.382/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd 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:

1. (1) This Order may be cited as the Extradition (European Convention on the Suppression of Terrorism) Order 2019.

(2) This Order shall come into operation on 22 July 2019.

2. It is hereby declared that the Government have made an arrangement, within the meaning of section 8 (2) of the Extradition Act 1965 (No. 17 of 1965) (namely, the European Convention on the Suppression of Terrorism, done at Strasbourg on 27 January 1977, and the reservations and declarations specified in Part B of Schedule 2 to this Order), whereby all extradition agreements, extradition treaties and arrangements applicable between the State and the other countries that are parties to that arrangement as specified in Part A of Schedule 2 are modified to the extent that they are incompatible with the European Convention on the Suppression of Terrorism.

SCHEDULE 1

EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM

done at Strasbourg on 27 January 1977

The member States of the Council of Europe, signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Aware of the growing concern caused by the increase in acts of terrorism;

Wishing to take effective measures to ensure that the perpetrators of such acts do not escape prosecution and punishment;

Convinced that extradition is a particularly effective measure for achieving this result,

Have agreed as follows:

Article 1

For the purposes of extradition between Contracting States, none of the following offences shall be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives:

a. an offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;

b. an offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971;

c. a serious offence involving an attack against the life, physical integrity or liberty of internationally protected persons, including diplomatic agents;

d. an offence involving kidnapping, the taking of a hostage or serious unlawful detention;

e. an offence involving the use of a bomb, grenade, rocket, automatic firearm or letter or parcel bomb if this use endangers persons;

f. an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 2

1. For the purpose of extradition between Contracting States, a Contracting State may decide not to regard as a political offence or as an offence connected with a political offence or as an offence inspired by political motives a serious offence involving an act of violence, other than one covered by Article 1, against the life, physical integrity or liberty of a person.

2. The same shall apply to a serious offence involving an act against property, other than one covered by Article 1, if the act created a collective danger for persons.

3. The same shall apply to an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 3

The provisions of all extradition treaties and arrangements applicable between Contracting States, including the European Convention on Extradition, are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 4

For the purpose of this Convention and to the extent that any offence mentioned in Article 1 or 2 is not listed as an extraditable offence in any extradition convention or treaty existing between Contracting States, it shall be deemed to be included as such therein.

Article 5

Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State has substantial grounds for believing that the request for extradition for an offence mentioned in Article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

Article 6

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in Article 1 in the case where the suspected offender is present in its territory and it does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.

2. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 7

A Contracting State in whose territory a person suspected to have committed an offence mentioned in Article 1 is found and which has received a request for extradition under the conditions mentioned in Article 6, paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

Article 8

1. Contracting States shall afford one another the widest measure of mutual assistance in criminal matters in connection with proceedings brought in respect of the offences mentioned in Article 1 or 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Nevertheless this assistance may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

2. Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual assistance if the requested State has substantial grounds for believing that the request for mutual assistance in respect of an offence mentioned in Article 1 or 2 has...

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