48/2008

Terrorismin ennaltaehkäisyä koskeva Euroopan neuvoston yleissopimus

Europarådets konvention om förebyggande av terrorism (CETS 196)

Council of Europe Convention on the Prevention of Terrorism

Perustiedot

Sopimustyyppi:
II Monenväliset sopimukset
6. Valtio
6.5. terrorismi
Allekirjoituspäivä:

16.05.2005 (Varsova)

Ratifiointipäivä:17.01.2008 H
Voimaantulopäivä:01.05.2008
Kansainvälinen voimaantulopäivä: 01.06.2007
Sopimukset: 48/2008 49/2008
Säädösviitteet: 1369/2007 231/2008

Sopimukseen tehdyt muutokset

Osapuolet

  • ALANKOMAAT
    Sitoutumispäivä: 22.07.2010 H
    Voimaantulopäivä: 01.11.2010
    Varauma:

    Alueellinen soveltaminen: Sovelletaan Euroopassa sijaitsevaan kuningaskuntaan.

    Artikla 20
    With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the Netherlands reserves the right to refuse to extradite an alleged offender for any of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded as political offences or as offences connected with a political offence, where such offences do not relate to the offences described in the Conventions referred to under points 9 and 10 of the Appendix to the Convention.

    Renewal of a reservation contained in a letter from the Permanent Representative of the Netherlands, dated 22 June 2016, registered at the Secretariat General on 24 June 2016

    In accordance with Article 20, paragraph 5, of the Convention, the Government of the Kingdom of the Netherlands declares that it upholds wholly for the European part of the Netherlands, for another period of three years, its reservation made at the time of ratification of the Convention.
    The Government is of the opinion that the reservation, on the behalf of the European part of the Netherlands, should be renewed to ensure that an extradition request can be denied if, in a highly exceptional case, an independent court finds that the extradition request is a political offence. However, there will be no obligation to deny the extradition request.
    _____
    Note by the Secretariat: The reservation reads as follows:
    "With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the Netherlands reserves the right to refuse to extradite an alleged offender for any of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded as political offences or as offences connected with a political offence, where such offences do not relate to the offences described in the Conventions referred to under points 9 and 10 of the Appendix to the Convention."

    Renewal of a reservation contained in a letter from the Permanent Representative of the Netherlands, dated 22 June 2016, registered at the Secretariat General on 24 June 2016 ??? Or. Eng.
    In accordance with Article 20, paragraph 5, of the Convention, the Government of the Kingdom of the Netherlands declares that it upholds wholly for the European part of the Netherlands, for another period of three years, its reservation made at the time of ratification of the Convention.
    The Government is of the opinion that the reservation, on the behalf of the European part of the Netherlands, should be renewed to ensure that an extradition request can be denied if, in a highly exceptional case, an independent court finds that the extradition request is a political offence. However, there will be no obligation to deny the extradition request.

    Renewal of reservation contained in a letter from the Permanent Representative of the Netherlands, dated 2 May 2019, registered at the Secretariat General on 2 May 2019 ??? Or. Engl.
    In accordance with Article 20, paragraph 2, of the Convention, the Government of the Kingdom of the Netherlands declares that it upholds wholly, for the European part of the Netherlands, its reservation made at the time of ratification of the Convention, for the period of three years set out in Article 20, paragraph 5, of the Convention.
    The Government is of the opinion that the reservation, on behalf of the European part of the Netherlands, should be renewed to ensure that an extradition request can be denied if, in a highly exceptional case, the court should find that the extradition request concerns a political offence.
    ------
    Note by the Secretariat: The reservation made at the time of ratification of the Convention reads as follows:
    ???With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the Netherlands reserves the right to refuse to extradite an alleged offender for any of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded as political offences or as offences connected with a political offence, where such offences do not relate to the offences described in the Conventions referred to under points 9 and 10 of the Appendix to the Convention.???

  • ALBANIA
    Sitoutumispäivä: 06.02.2007
    Voimaantulopäivä: 01.06.2007
  • ANDORRA
    Sitoutumispäivä: 06.05.2008 R
    Voimaantulopäivä: 01.09.2008
    Varauma:

    Article 1
    Andorra considers that, as long as it is not a Party to the International Convention for the Suppression of the Financing of Terrorism, adopted in New York on 9 December 1999, this Convention will not be included in the Appendix to the Council of Europe Convention on the Prevention of Terrorism.

  • ARMENIA
    Sitoutumispäivä: 30.08.2016 R
    Voimaantulopäivä: 01.09.2016
  • BOSNIA-HERTSEGOVINA
    Sitoutumispäivä: 11.01.2008 R
    Voimaantulopäivä: 01.05.2008
  • BULGARIA
    Sitoutumispäivä: 31.07.2006
    Voimaantulopäivä: 01.06.2007
  • ESPANJA
    Sitoutumispäivä: 06.03.2009 R
    Voimaantulopäivä: 01.07.2009
    Varauma:

    If the Council of Europe Convention on the Prevention of Terrorism were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:

    1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

    2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

    3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.

  • EU
    Sitoutumispäivä: 26.06.2018 R
    Voimaantulopäivä: 01.10.2018
  • ITALIA
    Sitoutumispäivä: 21.02.2017 R
    Voimaantulopäivä: 01.06.2017
  • ITÄVALTA
    Sitoutumispäivä: 15.12.2009 R
    Voimaantulopäivä: 01.04.2010
  • KROATIA
    Sitoutumispäivä: 21.01.2008 R
    Voimaantulopäivä: 01.05.2008
  • KYPROS
    Sitoutumispäivä: 23.01.2009 R
    Voimaantulopäivä: 01.05.2009
  • LATVIA
    Sitoutumispäivä: 02.02.2009 R
    Voimaantulopäivä: 01.06.2009
  • LIECHTENSTEIN
    Sitoutumispäivä: 22.11.2016 R
    Voimaantulopäivä: 01.03.2017
  • LIETTUA
    Sitoutumispäivä: 15.05.2014 R
    Voimaantulopäivä: 01.09.2014
  • LUXEMBURG
    Sitoutumispäivä: 31.01.2013 R
    Voimaantulopäivä: 01.05.2013
  • MAKEDONIA
    Sitoutumispäivä: 23.03.2010 R
    Voimaantulopäivä: 01.07.2010
  • MOLDOVA
    Sitoutumispäivä: 13.05.2008 R
    Voimaantulopäivä: 01.09.2008
    Varauma:

    Article 25

    In accordance with Article 25 of the Convention, the Republic of Moldova declares that, until the full re-establishment of its territorial integrity, the provisions of the Convention will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

    Article 14

    In accordance with Article 14, paragraph 2, of the Convention, the Republic of Moldova declares that the offences specified in Articles 5-7 and 9 of the Convention are going to be under its own jurisdiction in cases mentioned in Article 14, paragraph 2, of the Convention.

  • MONACO
    Sitoutumispäivä: 25.04.2016 R
    Voimaantulopäivä: 01.08.2016
  • MONTENEGRO
    Sitoutumispäivä: 12.09.2008 R
    Voimaantulopäivä: 01.01.2009
  • NORJA
    Sitoutumispäivä: 01.02.2010 R
    Voimaantulopäivä: 01.06.2010
    Varauma:

    In accordance with Article 1, paragraph 2, of the Convention, the Kingdom of Norway declares that, in the application of this Convention to Norway, the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York on 13 April 2005, shall be deemed not to be included in the Appendix.

  • PUOLA
    Sitoutumispäivä: 03.04.2008 R
    Voimaantulopäivä: 01.08.2008
  • RANSKA
    Sitoutumispäivä: 29.04.2008 R
    Voimaantulopäivä: 01.08.2008
  • ROMANIA
    Sitoutumispäivä: 21.02.2007
    Voimaantulopäivä: 01.06.2007
  • RUOTSI
    Sitoutumispäivä: 30.08.2010 R
    Voimaantulopäivä: 01.12.2010
    Varauma:

    Article 1

    Sweden declares that the International Convention for the Suppression of Acts of Nuclear Terrorism, which is listed in the Appendix to the Convention and to which Sweden is not a Party, shall be deemed not to be included in the Appendix in relation to Sweden (Article 1, paragraph 2).

    Article 20

    Sweden reserves the right to, in relation to other States than the Member States of the European Union and Norway and Iceland, as a ground to refuse a request for extradition, invoke that the offence referred to in the request concerns a political offence, an offence connected with a political offence or an offence inspired by political motives (Article 20, paragraphs 1 and 2)


    Renewal of a reservation contained in a letter from the Minister of Foreign Affairs of Sweden, dated 9 June 2016, registered at the Secretariat General on 21 June 2016

    In accordance with Article 20, paragraph 5, of the Convention, the Swedish Government declares that it upholds wholly its reservation made at the time of ratification of the Convention.
    The reason for this is that, according to the Swedish Extradition Act, extradition cannot in general be granted if the request concerns a political offence. However, there is an ongoing review of the Extradition Act, including the question of extradition for political offences, which Sweden needs to await.
    _____
    Note by the Secretariat: The reservation reads as follows:
    "Sweden reserves the right to, in relation to other States than the Member States of the European Union and Norway and Iceland, as a ground to refuse a request for extradition, invoke that the offence referred to in the request concerns a political offence, an offence connected with a political offence or an offence inspired by political motives (Article 20, paragraphs 1 and 2)."

    Renewal of a reservation contained in a letter from the Minister of Foreign Affairs of Sweden, dated 9 June 2016, registered at the Secretariat General on 21 June 2016
    In accordance with Article 20, paragraph 5, of the Convention, the Swedish Government declares that it upholds wholly its reservation made at the time of ratification of the Convention.
    The reason for this is that, according to the Swedish Extradition Act, extradition cannot in general be granted if the request concerns a political offence. However, there is an ongoing review of the Extradition Act, including the question of extradition for political offences, which Sweden needs to await.

  • SAKSA
    Sitoutumispäivä: 10.06.2011 R
    Voimaantulopäivä: 01.10.2011
  • SERBIA
    Sitoutumispäivä: 14.04.2009 R
    Voimaantulopäivä: 01.08.2009
  • SLOVAKIA
    Sitoutumispäivä: 29.01.2007
    Voimaantulopäivä: 01.06.2007
  • SLOVENIA
    Sitoutumispäivä: 18.12.2009 R
    Voimaantulopäivä: 01.04.2010
  • TANSKA
    Sitoutumispäivä: 24.04.2007
    Voimaantulopäivä: 01.08.2007
    Varauma:

    Alueellinen soveltaminen: Ei sovelleta F??rsaariin eik?? Gr??nlantiin.

    In accordance with Article 20 (2) of the Convention, the Government of the Kingdom of Denmark declares that it reserves the right to not apply Article 20 (1) as far as extradition in respect of the offences referred to in Article 5, including Article 5 in relation to Article 9, is concerned.


    Renewal of a reservation contained in a Communication from the Permanent Representative of Denmark, dated 28 April 2016, registered at the Secretariat General on 28 April 2016, supplemented by a Communication from the Permanent Representative of Denmark, dated 9 May 2016, registered at the Secretariat General on 9 May 2016

    In accordance with Article 20, paragraph 2, of the Convention, the Government of the Kingdom of Denmark declares that it upholds wholly its reservation made at the time of ratification of the Convention for the period of three years set out in Article 20, paragraph 5, of the Convention.
    The Council of Europe Convention on the Prevention of Terrorism was implemented into Danish law by Act No. 542 of 8 June 2006 to amend the Criminal Code, the Administration of Justice Act and various other acts (strengthening efforts to combat terrorism, etc.).
    In respect of reservations under Article 20 of the Convention, it appears from paragraph 9.4 of the general notes to the Bill that the Ministry of Justice found it most appropriate to make use of the right to make a reservation as regards the actions referred to in Article 5 and Article 9 read with Article 5 of the Convention on public provocation to commit a terrorist offence. The reason for this is that the subject matter of this offence is the perpetrator's expressions and that the assessment of them is related to the scope of the freedom of expression. In this connection, it is not deemed appropriate to preclude the Danish authorities in advance from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence in specific situations.
    Based on this, the Government of the Kingdom of Denmark introduced the current section 5(4) of the Extradition Act, according to which extradition for an act covered by Article 5 or Article 9 read with Article 5 of the Council of Europe Convention on the Prevention of Terrorism may be refused in special situations, if the assessment is that the offence concerned was political. This provision means that the Danish authorities will not be precluded, based on a specific assessment, from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence, as well as, in such situations, the Danish authorities will not be precluded from refusing extradition for this reason alone.

    Against this background, and in accordance with Article 20 (5) and (6), the Government of the Kingdom of Denmark would like to notify the Secretary General of the Council of Europe that it is upholding its reservation made in accordance with Article 20 (2).

    Renewal of reservation contained in a Communication from the Ministry of Justice of Denmark, transmitted by the Permanent Representation of Denmark and registered at the Secretariat General on 30 April 2019
    In accordance with Article 20, paragraph 2, of the Convention, the Government of the Kingdom of Denmark declares that it upholds wholly its reservation made at the time of ratification of the Convention for the period of three years set out in Article 20, paragraph 5, of the Convention.
    The Council of Europe Convention on the Prevention of Terrorism was implemented into Danish law by Act No. 542 of 8 June 2006 to amend the Criminal Code, the Administration of Justice Act and various other acts (strengthening efforts to combat terrorism, etc.).
    In respect of reservations under Article 20 of the Convention, it appears from paragraph 9.4 of the general notes to the Bill that the Ministry of Justice found it most appropriate to make use of the right to make a reservation as regards the actions referred to in Article 5 and Article 9 read with Article 5 of the Convention on public provocation to commit a terrorist offence. The reason for this is that the subject matter of this offence is the perpetrator's expressions and that the assessment of them is related to the scope of the freedom of expression. In this connection, it is not deemed appropriate to preclude the Danish authorities in advance from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence in specific situations.
    Based on this, the Government of the Kingdom of Denmark introduced the current section 5(4) of the Extradition Act, according to which extradition for an act covered by Article 5 or Article 9 read with Article 5 of the Council of Europe Convention on the Prevention of Terrorism may be refused in special situations, if the assessment is that the offence concerned was political. This provision means that the Danish authorities will not be precluded, based on a specific assessment, from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence, as well as, in such situations, the Danish authorities will not be precluded from refusing extradition for this reason alone.
    On this background, and in accordance with Article 20 (5) and (6), the Government of the Kingdom of Denmark notified the Secretary General of the Council of Europe that it is upholding its reservation made in accordance with Article 20 (2).
    ------
    Note by the Secretariat: The reservation made at the time of ratification reads as follows:
    ???In accordance with Article 20 (2) of the Convention, the Government of the Kingdom of Denmark declares that it reserves the right to not apply Article 20 (1) as far as extradition in respect of the offences referred to in Article 5, including Article 5 in relation to Article 9, is concerned.???

    Period covered: 3 years as from 1 August 2019.

  • TSHEKKI
    Sitoutumispäivä: 21.09.2017 R
    Voimaantulopäivä: 01.01.2018
  • TURKKI
    Sitoutumispäivä: 23.03.2012 R
    Voimaantulopäivä: 01.07.2012
    Varauma:

    Article 19

    The Republic of Turkey declares that Article 19 of the Convention should not be interpreted in such a way that offenders of these crimes referred to in the Convention are neither tried nor prosecuted.

    Article 26

    The Republic of Turkey declares its understanding that the term "international humanitarian law" in Article 26 of the Convention refers to international legal instruments to which Turkey is already Party to.

    The Republic of Turkey declares that the application of the first part of paragraph 5 of Article 26 of the Convention does not necessarily indicate the existence of an armed conflict and the term "armed conflict" describes a situation different from the commitment of acts, whether organised or not, that constitute the crime of terrorism within the scope of criminal law, and the first part of paragraph 5 of Article 26 should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a State as currently understood and applied in international law and thereby as creating new obligations for Turkey.

    The Republic of Turkey further declares that the application or interpretation of paragraph 4 of Article 26 should be in accordance with obligations of States under international refugee law which include, inter alia, the responsibility to ensure that the institution of asylum is not abused by persons who are responsible for terrorist offences stated in this Convention.

    Article 29

    The Republic of Turkey declares its understanding that the term "settlement of the dispute" referred to in Article 29 of the Convention shall be interpreted in such a way that the procedure for the settlement of the dispute should only be agreed upon by the parties to the dispute.

  • UKRAINA
    Sitoutumispäivä: 21.12.2006
    Voimaantulopäivä: 01.06.2007
    Varauma:

    In accordance with Article 18, paragraph 2, of the Convention, Ukraine declares that it shall not extradite citizens of Ukraine to another State. For the purpose of this Convention any person shall be considered as a citizen of Ukraine who in accordance with the Ukrainian laws is a citizen of Ukraine at the moment of decision making about his/her extradition.

    In accordance with Article 19, paragraph 2, of the Convention, Ukraine declares that in case of receiving of a request about extradition of a transgressor from a Party to this Convention with which the extradition treaty is not available, it shall consider this Convention as a legal basis for extradition of the offenders concerning the offences set forth in Articles 5-7 and 9 of this Convention.

    In accordance with Article 22, paragraph 4, of the Convention, Ukraine reserves the right not to be bound by the conditions established in accordance with paragraph 2 of this Article by the Party which gives the information, unless it shall receive in advance the notification about the nature of the information given and give its consent to the transfer of the information.

  • UNKARI
    Sitoutumispäivä: 21.03.2011 R
    Voimaantulopäivä: 01.07.2011
    Varauma:

    Article 5

    In the context of public provocation to commit a terrorist offence under Article 5, paragraph 1, of the Convention, the Republic of Hungary interprets "danger" as "clear and present danger".

  • VENÄJÄ
    Sitoutumispäivä: 19.05.2006
    Voimaantulopäivä: 01.06.2007
    Varauma:

    The Russian Federation declares that it shall have jurisdiction over the offences established in accordance with Articles 5 to 7 and 9 of the Convention in the cases envisaged in Article 14, paragraphs 1 and 2, of the Convention.

    The Russian Federation assumes that the provisions of Article 21 of the Convention shall be applied in such a way as to ensure inevitable liability for the commission of offences falling within the purview of the Convention, without prejudice to the effectiveness of international co-operation in extradition and legal assistance matters.

  • VIRO
    Sitoutumispäivä: 15.05.2009 R
    Voimaantulopäivä: 01.09.2009

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