33/1971

Alkuperäinen sopimus: 32/1971

Ulkoasiainministeriön ilmoitus rikoksen johdosta tapahtuvaa luovuttamista koskevan eurooppalaisen yleissopimuksen soveltamisalasta.

Ulkoasiainministeriö ilmoittaa Euroopan Neuvoston julkaisseen seuraavat tiedot Pariisissa 13 päivänä joulukuuta 1957 tehdyn rikoksen johdosta tapahtuvaa luovuttamista koskevan eurooppalaisen yleissopimuksen soveltamisalasta:

Yleissopimus tuli kansainvälisesti voimaan 18 päivänä huhtikuuta 1960.


Valtio        Allekirjoitus-   Päivä, jona     Selitykset
              päivä            ratifioimis-    ja varau-
                               tai liittymis-  mat
                               kirja (lk) on
                               talletettu

Suomi                          12. 5.1971 lk   x
Alankomaat    21. 1.1965       14. 2.1969      x
Belgia        13.12.1957
Irlanti        2. 5.1966        2. 5.1966      x
Islanti
Ison Britannian
ja Pohjois-Irlannin
Yhdistynyt
Kuningaskunta
Israel                         27. 9.1967 lk   x
Italia        13.12.1957        6. 8.1963      x
Itävalta      13.12.1957       21. 5.1969      x
Kreikka       13.12.1957       29. 5.1961      x
Kypros        18. 9.1970                       x
Liechtenstein                  28.10.1969 lk   x
Luxemburg     13.12.1957
Malta
Norja         13.12.1957       19. 1.1960      x
Ranska        13.12.1957
Ruotsi        13.12.1957       22. 1.1959      x
Saksan Liitto-
tasavalta     13.12.1957
Sveitsi       29.11.1965       20.12.1966      x
Tanska        13.12.1957       13. 9.1962      x
Turkki        13.12.1957        7. 1.1960      x

Varaumat ja selitykset

Alankomaat

1 artikla

The Netherlands Government reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6 3) c) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.

The Netherlands Government reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health.

7 artikla

The Netherlands Government reserves the right not to grant extradition when, in accordance with Article 7 2), the requesting State would be authorised to refuse extradition in like cases.

9 artikla

The Netherlands Government will not grant extradition if it is satisfied that final judgment for the offence for which extradition is requested has been passed on the person claimed by the competent authorities of a third State and, in the event of conviction for that offence, the convicted person is serving his sentence, has already served it or has been dispensed from serving it.

28 artikla

By reason of the special arrangements between the Benelux countries, the Netherlands Government does not accept Article 28 1) and 2) in respect of its relations with the Kingdom of Belgium and the Grand Duchy of Luxembourg.

The Netherlands Government reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.

Selitykset:

Having regard to the equality existing in public law between the Netherlands, Surinam and the Netherlands Antilles, the term metropolitan territories used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as concerns the Kingdom, European territory.

6 ja 21 artikla

The Netherlands Government will not grant extradition or transit of its own nationals. As regards the Netherlands, "nationals" for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested.

19 artikla

The Netherlands Government will not grant temporary extradition under Article 19 2) save of a person who is serving a sentence in its territory and if necessitated by special circumstances.

21 artikla, 5 kohta

The Netherlands Government reserves the right not to grant transit except on the same conditions on which it grants extradition.

Irlanti

9 artikla

The Irish authorities will not grant extradition if final judgment in respect of the offence for which extradition is requested has been passed in a third State on the person claimed.

Selitykset:

I have the honour to declare, in accordance with Article 6 of the Convention, that the term "national" in the Convention is hereby defined as meaning citizens of Ireland as far as my Government is concerned.

Israel

2 ja 4 artikla

Israel will not grant extradition of any person unless he is accused or has been convieted in the requesting State of an offence which, had it been committed in Israel, would be one of the following offences:

a) Any offence for which the death penalty or imprisonment for a period exceeding three years may be imposed (even if the penalty is lighter where the sentence is passed by a magistrates court), except:

1) an offence with which a person can only be charged if at the time of committing it he is a soldier within the meaning of the Military Justice Law, 5715-1955;

2) offences under Section 85 of the Criminal Code Ordinance, 1936 (preventing by force or obstructing notification or presence of a competent police officer in the event of a riotous assembly or riot) or under the Penal Law Amendinent (Bigamy) Law, 5719-1959 (bigamy);

3) offences under the Penal Law Amendment (Assault on Police Officers) Law, 5712-1952, or under any of the laws specified in the Schedule to the Prevention of Profiteering and Speculation (Jurisdiction) Law, 57111951 (various laws, regulations and bye-laws regulating subleasing and accommodation of guests, and the distribution, prices and control of the sale of foodstuffs).

b) An offence the penalty for which is lighter ;than above specified and which is an offence under the Penal Law Amendinent (Bribery) Law, 5712-1952, or under any of the following sections of the Criminal Code Ordinance, 1936: 88 (riotously preventing the sailing of a ship), 109B, 110-115 (various offences relating to abuse of office by public servants), 120-122, 124 (false swearing, deceiving witnesses, destroying evidence, conspiracy to ddeat justice and interference with witnesses), 140 (fraud by public officers), 146 (insult to religion), 156,158,159 (intercourse by husband with girl under 15 years, indecency without force and indecent act upon person under 16 years), 161 d) (sodomy), 185, 186 (neglect in the supply of food etc. to, and desertion of, children), 195 (spread of dangerous infection or disease), 218 (homicide by carelessness), 242, 250 (assault causing öodily harm), 261, 262 (compulsory Iabour and false imprisonment), 270 (theft), 304 b) and c) (defrauding of credttors), 305 (conspiracy to defraud the public) 310 (receiving property fraudulenUy obtained), 350 (imitation of bank-notes), 359, 360, 363-366 (counterfeiting), or under the Penal Law Amendinent (Deceit, Blackmail and Extortion) Law, 5723-1963 (deceit and forgery).

2 artikla

Israel will not grant extradition of a person charged with an offence unless it is proved in a conrt in Istael that there is evidence which would be sufficient for committing him to trial for such an offence in Israel.

9 artikla

Israel will inot accede to a request for extradition if the wanted person has been pardoned, or has had his punishment remitted, in the requesting State in respect of the criminal act in question.

14 artikla

Israel will not grant extradition in departure from the rule of speciality except:

a) if the wanted person has in his absence been declared subject to extradition also in respect of the other offence after he was given an opportunity to be represented in the proceedings aimed at such declaration;

b) upon condition that the wanted person will not be proceeded against, sentenced or detained with a view to carrying out sentence unless, having left the requesting State after his extradition, he voluntarily returned to it, or unless he failed to leave the requesting State within 60 days after being given an opportunity to do so.

15 artikla

Article 15 shall be read as if the words 60 days replaced the words 45 days in Article 14, paragraph 1 b).

Selitykset:

21 artikla

Israel will only grant transit of a person if, were the receiving State requesting the extradition of the wanted person from Israel there would be no legal bar to declaring him subject to extradition and extraditing him.

22 artikla

The evidence in writing, or the declarations given on oath or not, or certified copies of such evidence or declarations, and the warrant of arrest and the other legal documents establishing the fact of the conviction, shall be admitted as valid evidence in examining the request for extradition, if they have been signed by a judge or official of the requesting State or if they are accompanied by a certificate issued by such a judge or official or if they have been authenticated by the seal of the Ministry of Justice.

Italia

Italy makes the express reservation that it will not grant the extradition of persons wanted for the carrying out of a detention order unless:

a) all the criteria laid down in Article 25 are fuffilled in each case;

b) the said detention order is expressly provided for under the criminal law of the requesting Party as being a necessary consequence of an offence.

Selitykset:

Italy declares that it will not, under any circumstances, grant extradition in respect of offences punishable by death under the law of the requesting Party.

Itävalta

9 artikla

Austria will not grant extradition if the person claimed is to be brought before a special court or if the extradition should lead to the execution of a sentence or a detention order inflicted by such a court.

5 artikla

Austria will further grant extradition for offences which are exclusively contraventions against regulations concerning monopolies or the export, import, transit and rationing of gcods only under the conditions mentioned in Article 5.

11 artikla

Austria will refuse extradition requested in order to carry out death-penalty. Extradition for an affence punishable by the death under the law of the requesting Party will only be granted if the requesting State accepts the condition that a death-penalty will not be pronounced. Austria will apply the same principles in the case of sentences which are incompatible with the requirements of humanity and human dignity.

Selitykset:

2 artikla, 2 kohta

Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.

6 artikla, 1 kohta (c)

Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.

7 ja 8 artikla

Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, in so far as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for alI offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.

9 artikla

Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.

16 artikla, 2 kohta

In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.

21 artikla, 2 kohta

In any case Austria will refuse transit of Austrian nationals.

21 artikla, 5 kohta

Austria will also refuse transit because of fiscal offences in the sense of Article 5 and because of the offences mentioned in the reservation to Article 5. Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.

Kreikka

6 artikla

The provisions of Article 6 will be applied subject to the application of Article 438 a) of the Greek Code of Criminal Procedure, which prohibits extradition of national of the requested Party.

Article 438 of the Greek Code of Criminal Procedure will also be applied in relation to paragraph 1 c). Under that Article, the date of commission of the offence will on no account be taken into consideration in establishing the nationality of the wanted person.

7 artikla

Paragraph 1 will be applied subject to the provisions of Article 438 b) of the Greek Code of Criminal Procedure.

11 artikla

Article 437 1) of the Greek Code of Criminal Procedure will continue to be applied in place of Article 11 of the Convention. Under that clause, extradition of a foreign national for an offence punishable by death under the law of the requesting Party is authorised only if Greek criminal law prescribes the same penalty for the offence in question.

18 artikla

The last sentence of Article 18 4) of the Convention is accepted, with the addition of the following clause from Article 454 of the Greek Code of Criminal Procedure: "provided that the new request is based on the same facts".

19 artikla

This Article is accepted subject to the provisions of Article 441 of the Greek Code of Criminal Procedure.

Kypros

1 artikla

The Government of the Republic of Cyprus declares that under Article 11.2 f) of the Constitution of the Republic no extradition of citizens of the Republic can be made. The provisions, therefore, of this Article, as far as the Republic of Cyprus is concerned, should be restrictad to extradition of aliens.

6 artikla

The Government of the Republic of Cyprus declares that so long as under its Constitution no extradition of citizens of the Republic is allowed (cf. declaration in respect of Article 1) the term "nationals" within the meaning of the Convention, as far as the Republic of Cyprus is concerned, should mean citizens of the Republic of Cyprus or persons who, under the provisions relating to citizenship of the Republic in force for the time being, would be entitled to become citizens of the Republic.

Furthermore, under the provisions of the Criminal Code of Cyprus citizens of the Republic may be presecuted in Cyprus, for offences committed in a foreign country punishable with death or imprisonment exceeding two years if the act or omission constituting the offence is also punishable by the law of the country where it was committed.

11 artikla

Under the Criminal Code of Cyprus in the case of citizens of the Republic committing an offence in a foreign country punishable under the law of Cyprus with death but not so punishable under the law of the foreign country the death penalty is not imposed in the Republic but such citizen is punishable with any other punishment up to imprisonment for life.

21 artikla, 2 kohta

With regard to citizens of the Republic the same declaration is made in respect of Articles 1 and 6.

Liechtenstein

1 artikla

Extradition is on principle granted by the Principality of Liechtenstein only on the condition that the person against whom proceedings are being taken for an offence be tried by the ordinary courts of the requesting State. It therefore reserves the right to grant extradition only on condition that the requesting State gives adequate assurances in that respect.

6 artikla, 1 kohta a)

The Government of the Principality of Liechtenstein declares that Liechtenstein law does not permit extradition of Liechtenstein nationals. Once they have entered the territory of the Principality, they will be tried by the Liechtenstein authorities under Liechtenstein criminal law (paragraph 36 of the Penal Code) for offences committed abroad, whatever the laws of the country where ®the offence was committed. Nationals' within the meaning of the Convention are persons possessing Liechtenstein nationality.

11 artikla

The Principality of Liechtenstein reserves the right to apply Article 11 by analogy where the requesting State does not give the Liechtenstein authorities adequate assurances that it will not impose any penalty or measure contrary to Liechtenstein law or which offends against the principle of inviolability of the person in a way which is incompatible with Liechtenstein law.

21 artikla

The Principality of Liechtenstein reserves ihe right to refuse transit through its territory even where the offence with which the accused person is charged is covered by Article 5 of the Convention.

23 artikla

The Principality of Liechtenstein requires that requests and the documents to be produced which are written in a language other than German must be accompanied by a translation into that language.

Norja

1 artikla

Extradition may be refused on humanitarian grounds if surrender is likely to have consequences of an exceptional gravity for the person claimed, particularly by reason of his age, state of health or other personal circumstances.

2 artikla, 1 kohta

Under the terms of the Norwegian extradition law of 13 June 1908, paragraph 2, Norway is in a position to grant extradition only in respect of offences which under the Norwegian Criminal Code are punishable, or would have been punishable, by imprisonment for more than one year.

3 artikla, 3 kohta

Under the terms of the Norwegian extradition law, paragraph 3' extradition for the taking or attempted taking of the life of a Head of State or a membcr of his family may not be granted if the offence has heen committed in connection with another offence which has a political character.

4 artikla

In regard to offences which under Norwegian law would have been considered as military offences, extradition is only punishable, under the terms of paragraph 2 of the Norwegian extradition law, if the offence, stripped of its military elements, would have constituted an extraditable offence, and on condition that the extradited person shall not be more severely punished ihan by the maximum penalty provided for the corresponding offence in the ordinary criminal code.

6 artikla, 1 kohta b)

As far as Norway is concerned, the term "national" shall include both nationals and residents of Norway. The term shall also include nationals and residents of Denmark, Finland, Iceland or Sweden, if extradition is i-equested by States other ihan ihose mentioned.

12 artikla

The Norwegian authorities reserve the right to require the requesting Party io produce prima facie evidence to the effeci that the person claimed has committed the offence for which extradition is requested. The request may be refused if the evidence is found to be insufficient.

The Norwegian Government also stated that it may wish to limit the field of application of the Convention in accordance with the provision of Article 28, paragraph 4, if the Nordic countries adopt uniform extradition laws in accordance with a project now under discussion.

Ruotsi

1 artikla

Sweden reserves the righi, when granting extradition, to stipulate that the extradited person may not be summoned to appear before a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court.

Sweden reserves the right to refuse extradition in special cases, if that measure is manifestly incompatible with its hnmanitarian obligations, on account of the age, the state of health or any other condition affecting the individual in question, having regard also to the nature of the offence and the interests of the requesting State.

2 artikla

The extradition of an iridividual on whom final judgment has not yet been passed for the offence in respect of which extradition is requested shall be granted only if the said offence corresponds to an offence which is punishable under Swedish law by a sentence of imprisonment for more than one year.

3 artikla

Sweden reserves the right, in the light of individual circnmstances, to regard the offence mentioned in paragraph 3 of this Article as a political offence.

4 artikla

Where an offence under military law also comprises an offence in respect of which extradition has been granted, Sweden reserves the right to stipulate that the extradited person may not be penalised in application of provisions relating to offences committed by members of the armed services.

12 artikla

Even though the sentence rendered or the warrant of arrest issued by court or a judge in a State which is a Party to the Convention be generally accepted, Sweden reserves the right to refuse the extradition requested if an examination of the case in question shows that the said sentence or warrant is manifestly ill founded.

18 artikla

If the individual whose extradition has been granted has not been taken over on the date appointed by the representing State, Sweden reserves the right immediately to annul the measure of restraint imposed upon him.

Selitykset:

6 artikla

Within the meaning of this Convention the term "nationals" shall denote, in addition to Swedish nationals, aliens domiciled in Sweden, nationals of Denmark, Finland, Iceland and Norway, as well as aliens domiciled in these States.

21 artikla

The transit requested will only be granted on the same conditions as extradition is granted, allowance being made for individual circumstances.

Suomi

1 artikla

Suomi varaa itselleen oikeuden suostuessaan rikoksen johdosta tapahtuvaa luovuttamista koskevaan pyyntöön määrätä, ettei luovutettua saa panna kysymyksessä olevasta rikoksesta syytteeseen tuomioistuimessa, jolle on annettu valta vain tilapäisesti tai erityisissä poikkeusoloissa tuomita sellaisissa asioissa. Luovuttamispyyntö voidaan evätä, kun luovuttamista pyydetään sanotunlaisen tuomioistuimen antaman tuomion täytäntöönpanoa varten.

Suomi varaa myös itselleen oikeuden evätä luovuttamispyynnön, jos luovuttaminen asianomaisen henkilön ikään, terveydentilaan tai muihin henkilökohtaisiin seikkoihin katsoen taikka erityisiin olosuhteisiin nähden olisi inhimillisistä syistä kohtuutonta.

2 artikla, 1 kohta

Suomelle 2 artiklan 1 kohdan mukaan kuuluva luovuttamisvelvollisuus rajoitetaan koskemaan sellaisia rikoksia, joista Suomen lain mukaan saattaa seurata vuoden vapausrangaistusta ankarampi rangaistus. Jos joku vieraassa valtiossa on tuomittu sanotunlaisesta teosta, Suomi voi suostua hänen luovuttamistaan koskevaan pyyntöön vain, jos sovittamatta oleva seuraamus käsittää vähintään neljän kuukauden vapaudenmenetyksen.

3 artikla, 3 kohta

Suomi varaa itselleen oikeuden pitää 3 artiklan 3 kohdassa mainittua tekoa, mikäli se on tapahtunut avoimessa taistelussa, poliittisena rikoksena.

4 artikla

Jos sotilasrikoksena pidettävä teko samalla käsittää rikoksen, josta luovuttaminen muuten on sallittu, Suomi varaa itselleen oikeuden määrätä, ettei sellaisesta rikoksesta luovutettua saa rangaista sotilasrikosta tarkoittavan säännöksen nojalla.

18 artikla

Suomi varaa itselleen oikeuden välittömästi päästää säilöön otetun henkilön, jonka luovuttamiseen on suostuttu, vapaaksi, jollei luovuttamista pyytänyt valtio ole noutanut häntä määräaikana.

Sveitsi

1 artikla

The Swiss Federal Council declares that extradition granted by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (tribunal dexception). It therefore reserves the right to refuse extradition:

a) if there is a possibility that the person daimed, if extradited, will be brought before an extraordinary court (tribunal dexception) and if the requesting State does not give assurances deemed sufficient, that the judgment will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;

b) if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (tribunal dexception).

2 artikla, 1 kohta

Having regard to the requirements of Swiss law on extradition, Switzerland reserves the right to refuse extradition if the offence alIeged against the person claimed does not combine the constituent elements of one of the offences set out in the list deposited with the Secretariat of the Council of Europe as an annex to this declaration.

2 artikla, 2 kohta

The Swiss Federal Council declares that, notwithstanding the reservation made in respect of Article 2, paragraph 1, Switzerland may, when extradition is or has been granted for a crime (crime) or a correctional offence (delit) which is extraditable under Swiss law, extend the effects thereof to any other offence punishable under Swiss law.

3 artikla, 3 kohta

Notwithstanding Article 3, paragraph 3, of the Convention, Switzerland reserves the right to refuse extradition on the basis of Article 3, paragraph 1 when it is requested for the taking or attempted taking of the life of a Head of State or a member of his family.

6 artikla

The Swiss Federal Council declares that Swiss law does not permit extradition of Swiss nationals. Provided that the statutory requirements are satisfied, the Swiss authorities may take proceedings and pass sentences in respect of offences committed outside Switzerland which are punishable under Swiss law as crimes (crimes) or correctional offences (delits).

- if they were committed against Swiss nationals (Article 5 of the Swiss Penal Code);

- if they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Penal Code; Section 16 of the Federal Act of 14 March 1958 on the responsibility of the Confederation, the members of its authorities and its officials);

- if they were committed on board a Swiss ship or a Swiss aircraft (Section 4 of the Federal Act of 23 September 1953 on shipping under the Swiss flag; Section 97 of the Federal Act of 21 December 1948 on air navigation).

7 ja 8 artikla

The Swiss Federal Council declares that, under present Swiss legislation extradition can be granted for an offence committed in Swiss territory or in a place treated as that territory ouly in application of Article 2, patagraph 2, that is, where the person claimed is in any event being extradited to the requesting State in respect of other offences not subject to Swiss jurisdiction and it is considered desirable, particularly in the interests of his social rehabilitation, that all the offences of which he is accused be dealt with at the same proceedings.

9 artikla

a) Switzerland reserves the right 1to refuse extradition, in derogation of Article 9, if the decisions motivating the refusal of extradition in accordance with that Article have been rendered in a third State in whose territory the offence was committed;

b) Switzerland reserves ihe right to grant extradition, notwithstanding the first sentence of Article 9, if it has granted extradition for other offences and the requesting State has shown that new facts or evidence which have come to its knowledge justify a review of the decision motivating the refusal for extradition in accordance with this Article, or if the person sought has not served all or part of the punishment imposed on him by that decision.

11 artikla

Switzerland reserves the right to apply Article 11, mutatis mutandis, also in cases where the law of the requesting State provides that the person claimed may, in respect of the offence for which extradition is requested, be sentenced to corporal punishment or be subjected to such treatment against his will.

14 artikla, 1 kohta b)

The Swiss Federal Council dedares ihat the Swiss authorities regard discharge as final within the meaning of Article 14 if it enables the person extradited to move about freely without breaking the rules of behaviour and other conditions laid down by the proper authority. For the Swiss authorities, an extradited person is in alI cases deemed to be able to leave the territory of a State within the meaning of this Article if he is not in fact prevented from leaving by a disease or some other actual restriction of his freedom of movement.

16 artikla, 2 kohta

Switzerland asks that any request addressed to it in accordance with Article 16, paragraph 2, contain a hrief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised with reference to the law of extradition.

21 artikla

Switzerland reserves the right not to authorise transit in cases where the offence alleged against the person claimed comes within the provisions of Article 5 of the Convention or constitutes an infringement of commodity trade, restristions or market regulations.

23 artikla

Switzerland asks that requests in connection with extradition addressed to its authorities, and documents annexed thereto, he accompaniedby a translation into French, German or Italian if they are not written in one of these languages.

Tanska

1 artikla

Extradition may be granted on condition that the person charged with on offence shali not be proceeded against before a special court.

Extradition may also be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal reasons.

1 ja 9 artikla

Extradition may he refused if the competent authorities of a third State have, by a final judgment, either acquitted or convicted the person concerned in respect of the offence giving rise to the request for extradition, or if the competent authorities of a third State have decided to waive or to discontinue proceedings in respect of the same offence.

2 artikla, 1 kohta

The obligation to grant extradition shall be restricted to offences which, under the Danish penal code, are punishable bv a penalty more severe than imprisonment for one year or simple detention.

3 artikla, 3 kohta

A decision as to whether, in a given instance, the taking or attempted taking of the life of a Head of State or a member of his family is to be deemed a political offence shall be made after consideration of the facts of the case.

4 artikla

Extradition for a military offence which is also a civil offence may be granted only provided the extradited person is not convicted under military law.

12 artikla

Where seemingly indicated by special circumstances, the Danish authorities may require the requesting country to produce evidence establishing a sufficietn presumtion of guilt on the part of the person concerned. Should such evidence be deemed insufficient, extradition may be refused.

Selitykset:

6 artikla

The term national means in Denmark a national of Denmark, Finland, Iceland, Norway or Sweden, or a person domiciled in one of those countries.

28 artikla, 3 kohta

The Convention will not apply to Denmarks relations with Norway and Sweden, extradition between the Scandinavian countries being governed by uniform legislation.

Turkki

Selitykset:

The assurance mentioned in Article 11 will be limited to the following procedure:

In the event of extradition to Turkey of an individual under sentence of death or accused of an offence punishable by death, any requested Party whose law does not provide for capital punishment shall be authorised to transmit a request for commutation of death sentence to life imprisonment. Such request shall be transmitted by the Turkish Government to the Grand National Assembly, which is the final instance for confirming a death sentence, insofar as the Assembly has not already pronounced on the matter.

Helsingissä 10 päivänä elokuuta 1971.

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