Extradition (Second Additional Protocol To The European Convention on Extradition) Order 2019.

• Statutory Instrument No.: 339/2019
• Published date: 12 July 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th July, 2019.

WHEREAS by the European Convention on Extradition done at Paris on 13 December 1957 (referred to subsequently in these recitals as “the 1957 Convention”), to which the State is a party, an arrangement was made with the 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 1957 Convention was ratified on behalf of the State on 12 July 1988;

AND WHEREAS by the Second Additional Protocol to the European Convention on Extradition (the terms of which are set out in Part A of Schedule 1 to the following Order), done at Strasbourg on 17 March 1978 (referred to subsequently in these recitals as “the Second Additional Protocol”), to which the State is a party, an arrangement (within the meaning of section 8 (2) of the Extradition Act 1965 (No. 17 of 1965)) was made with other parties to that Protocol amending the 1957 Convention;

AND WHEREAS the Second Additional Protocol was ratified on behalf of the State on 22 March 2019, subject to the declaration specified in Part B of Schedule 1 to the following Order;

AND WHEREAS the Second Additional Protocol 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 and declarations 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 respect of the Second Additional Protocol;

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 (Second Additional Protocol to the European Convention on Extradition) Order 2019.

(2) This Order shall come into operation on 10 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 Second Additional Protocol to the European Convention on Extradition, done at Strasbourg on 17 March 1978) with the other countries that are parties to that Protocol, as specified in Part A of Schedule 2, and subject to the declaration specified in Part B of Schedule 1 and to the reservations and declarations specified in Part B of Schedule 2, amending the European Convention on Extradition, done at Paris on 13 December 1957.

SCHEDULE 1

PART A

Second Additional Protocol to the European Convention on Extradition done at Strasbourg on 17 March 1978

The member States of the Council of Europe, signatory to this Protocol,

Desirous of facilitating the application of the European Convention on Extradition opened for signature in Paris on 13 December 1957 (hereinafter referred to as “the Convention”) in the field of fiscal offences;

Considering it also desirable to supplement the Convention in certain other respects,

Have agreed as follows:

Chapter I

Article 1

Paragraph 2 of Article 2 of the Convention shall be supplemented by the following provision:

“This right shall also apply to offences which are subject only to pecuniary sanctions.”

Chapter II

Article 2

Article 5 of the Convention shall be replaced by the following provisions:

“Fiscal offences

1 For offences in connection with taxes, duties, customs and exchange extradition shall take place between the Contracting Parties in accordance with the provisions of the Convention if the offence, under the law of the requested Party, corresponds to an offence of the same nature.

2 Extradition may not be refused on the ground that the law of the requested Party does not impose the same kind of tax or duty or does not contain a tax, duty, custom or exchange regulation of the same kind as the law of the requesting Party.”

Chapter III

Article 3

The Convention shall be supplemented by the following provisions:

“Judgments in absentia

1 When a Contracting Party requests from another Contracting Party the extradition of a person for the purpose of carrying out a sentence or detention order imposed by a decision rendered against him in absentia, the requested Party may refuse to extradite for this purpose if, in its opinion, the proceedings leading to the judgment did not satisfy the minimum rights of defence recognised as due to everyone charged with criminal offence. However, extradition shall be granted if the requesting Party gives an assurance considered sufficient to guarantee to the person claimed the right to a retrial which safeguards the rights of defence. This decision will authorise the requesting Party either to enforce the judgment in question if the convicted person does not make an opposition or, if he does, to take proceedings against the person extradited.

2 When the requested Party informs the person whose extradition has been requested of the judgment rendered against him in absentia, the requesting Party shall not regard this communication as a formal notification for the purposes of the criminal procedure in that State”.

Chapter IV

Article 4

The Convention shall be supplemented by the following provisions:

“Amnesty

Extradition shall not be granted for an offence in respect of which an amnesty has been declared in the requested State and which that State had competence to prosecute under its own criminal law.”

Chapter V

Article 5

Paragraph 1 of Article 12 of the Convention shall be replaced by the following provisions:

“The request shall be in writing and shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party; however, use of the diplomatic channel is not excluded. Other means of communication may be arranged by direct agreement between two or more Parties.”

Chapter VI

Article 6

1 This Protocol shall be open to signature by the member States of the Council of Europe which have signed the Convention. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2 The Protocol shall enter into force 90 days after the date of the deposit of the third instrument of ratification, acceptance or approval.

3 In respect of a signatory State ratifying, accepting or approving subsequently, the Protocol shall enter into force 90 days after the date of the deposit of its instrument of ratification, acceptance or approval.

4 A member State of the Council of Europe may not ratify, accept or approve this Protocol without having, simultaneously or previously, ratified the Convention.

Article 7

1 Any State which has acceded to the Convention may accede to this Protocol after the Protocol has entered into force.

2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect 90 days after the date of its deposit.

Article 8

1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.

2 Any State may, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Protocol to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect six months after the date of receipt by the Secretary General of the Council of Europe of the notification.

Article 9

1 Reservations made by a State to a provision of the Convention shall be applicable also to this Protocol, unless that State otherwise declares at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession.

2 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right:

a not to accept...