The European Convention on Extradition Order 1990

2. Introductory Text

1. This Order may be cited as the European Convention on...

3. 2. (1) Subject to the provisions of this Order, the 1989...

4. 3. Where an extradition request is made by a Convention State...

5. 4. The operation of this Order is limited to the United...

6. 5. (1) Subject to the following provisions of this article, the...

7. Signature

8. 1. SCHEDULE 1

      THE CONVENTION

      1. THE EUROPEAN CONVENTION ON EXTRADITION

         1. The Governments signatory hereto, being Members of the Council of...

         2. Considering that the aim of the Council of Europe is...

         3. Considering that this purpose can be obtained by the conclusion...

         4. Considering that the acceptance of uniform rules with regard to...

         5. Have agreed as follows:

      2. ARTICLE 1

         OBLIGATION TO EXTRADITE

         1. The Contracting Parties undertake to surrender to each other, subject...

      3. ARTICLE 2

         EXTRADITABLE OFFENCES

         1. 1. Extradition shall be granted in respect of offences punishable under...

         2. 2. If the request for extradition includes several separate offences each...

         3. 3. Any Contracting Party whose law does not allow extradition for...

         4. 4. Any Contracting Party which wishes to avail itself of the...

         5. 5. If extradition is subsequently excluded in respect of other offences...

         6. 6. Any Party which avails itself of the right provided for...

         7. 7. Any Party may apply reciprocity in respect of any offences...

      4. ARTICLE 3

         POLITICAL OFFENCES

         1. 1. Extradition shall not be granted if the offence in respect...

         2. 2. The same rule shall apply if the requested Party has...

         3. 3. The taking or attempted taking of the life of a...

         4. 4. This Article shall not affect any obligations which the Contracting...

      5. ARTICLE 4

         MILITARY OFFENCES

         1. Extradition for offences under military law which are not offences...

      6. ARTICLE 5

         FISCAL OFFENCES

         1. Extradition shall be granted, in accordance with the provisions of...

      7. ARTICLE 6

         EXTRADITION OF NATIONALS

         1. 1. (a) A Contracting Party shall have the right to refuse...

         2. 2. If the requested Party does not extradite its national, it...

      8. ARTICLE 7

         PLACE OF COMMISSION

         1. 1. The requested Party may refuse to extradite a person claimed...

         2. 2. When the offence for which extradition is requested has been...

      9. ARTICLE 8

         PENDING PROCEEDINGS FOR THE SAME OFFENCES

         1. The requested Party may refuse to extradite the person claimed...

      10. ARTICLE 9

          NON BIS IN IDEM

          1. Extradition shall not be granted if final judgment has been...

      11. ARTICLE 10

          LAPSE OF TIME

          1. Extradition shall not be granted when the person claimed has,...

      12. ARTICLE 11

          CAPITAL PUNISHMENT

          1. If the offence for which extradition is requested is punishable...

      13. ARTICLE 12

          THE REQUEST AND SUPPORTING DOCUMENTS

          1. 1. The request shall be in writing and shall be communicated...

          2. 2. The request shall be supported by: (a) the original or...

      14. ARTICLE 13

          SUPPLEMENTARY INFORMATION

          1. If the information communicated by the requesting Party is found...

      15. ARTICLE 14

          RULE OF SPECIALITY

          1. 1. A person who has been extradited shall not be proceeded...

          2. 2. The requesting Party may, however, take any measures necessary to...

          3. 3. When the description of the offence charged is altered in...

      16. ARTICLE 15

          RE-EXTRADITION TO A THIRD STATE

          1. Except as provided for in Article 14, paragraph 1(b), the...

      17. ARTICLE 16

          PROVISIONAL ARREST

          1. 1. In case of urgency the competent authorities of the requesting...

          2. 2. The request for provisional arrest shall state that one of...

          3. 3. A request for provisional arrest shall be sent to the...

          4. 4. Provisional arrest may be terminated if, within a period of...

          5. 5. Release shall not prejudice re-arrest and extradition if a request...

      18. ARTICLE 17

          CONFLICTING REQUESTS

          1. If extradition is requested concurrently by more than one State,...

      19. ARTICLE 18

          SURRENDER OF THE PERSON TO BE EXTRADITED

          1. 1. The requested Party shall inform the requesting Party by the...

          2. 2. Reasons shall be given for any complete or partial rejection....

          3. 3. If the request is agreed to, the requesting Party shall...

          4. 4. Subject to the provisions of paragraph 5 of this Article,...

          5. 5. If circumstances beyond its control prevent a Party from surrendering...

      20. ARTICLE 19

          POSTPONED OR CONDITIONAL SURRENDER

          1. 1. The requested Party may, after making its decision on the...

          2. 2. The requested Party may, instead of postponing surrender, temporarily surrender...

      21. ARTICLE 20

          HANDING OVER OF PROPERTY

          1. 1. The requested Party shall, insofar as its law permits and...

          2. 2. The property mentioned in paragraph 1 of this Article shall...

          3. 3. When the said property is liable to seizure or confiscation...

          4. 4. Any rights which the requested Party or third parties may...

      22. ARTICLE 21

          TRANSIT

          1. 1. Transit through the territory of one of the Contracting Parties...

          2. 2. Transit of a national, within the meaning of Article 6,...

          3. 3. Subject to the provisions of paragraph 4 of this Article,...

          4. 4. If air transport is used, the following provisions shall apply:...

          5. 5. A Party may, however, at the time of signature or...

          6. 6. The transit of the extradited person shall not be carried...

      23. ARTICLE 22

          PROCEDURE

          1. Except where this Convention otherwise provides, the procedure with regard...

      24. ARTICLE 23

          LANGUAGE TO BE USED

          1. The documents to be produced shall be in the language...

      25. ARTICLE 24

          EXPENSES

          1. 1. Expenses incurred in the territory of the requested Party by...

          2. 2. Expenses incurred by reason of transit through the territory of...

          3. 3. In the event of extradition from a non-metropolitan territory of...

      26. ARTICLE 25

          DEFINITION OF “DETENTION ORDER”

          1. For the purposes of this Convention, the expression “detention order”...

      27. ARTICLE 26

          RESERVATIONS

          1. 1. Any Contracting Party may, when signing this Convention or when...

          2. 2. Any Contracting Party which has made a reservation shall withdraw...

          3. 3. A Contracting Party which has made a reservation in respect...

      28. ARTICLE 27

          TERRITORIAL APPLICATION

          1. 1. This Convention shall apply to the metropolitan territories of the...

          2. 2. In respect of France, it shall also apply to Algeria...

          3. 3. The Federal Republic of Germany may extend the application of...

          4. 4. By direct arrangement between two or more Contracting Parties, the...

      29. ARTICLE 28

          RELATIONS BETWEEN THIS CONVENTION AND BILATERAL AGREEMENTS

          1. 1. This Convention shall, in respect of those countries to which...

          2. 2. The Contracting Parties may conclude between themselves bilateral or multilateral...

          3. 3. Where, as between two or more Contracting Parties, extradition takes...

      30. ARTICLE 29

          SIGNATURE, RATIFICATION AND ENTRY INTO FORCE

          1. 1. This Convention shall be open to signature by the Members...

          2. 2. The Convention shall come into force 90 days after the...

          3. 3. As regards any signatory ratifying subsequently the Convention shall come...

      31. ARTICLE 30

          ACCESSION

          1. 1. The Committee of Ministers of the Council of Europe may...

          2. 2. Accession shall be by deposit with the Secretary-General of the...

      32. ARTICLE 31

          DENUNCIATION

          1. Any Contracting Party may denounce this Convention insofar as it...

      33. ARTICLE 32

          NOTIFICATIONS

          1. The Secretary-General of the Council of Europe shall notify the...

   2. SCHEDULE 2

      STATES PARTIES TO THE CONVENTION

      1. PART 1

         1. Austria

         2. Cyprus

         3. Denmark

         4. Finland

         5. France

         6. Germany, Federal Republic of

         7. Greece

         8. Iceland

         9. Israel

         10. Italy

         11. Liechtenstein

         12. Luxembourg

         13. Netherlands

         14. Norway

         15. Portugal

         16. Spain

         17. Sweden

         18. Switzerland

         19. Turkey

      2. PART II

         1. Republic of Ireland

   3. SCHEDULE 3

      RESERVATIONS AND DECLARATIONS MADE BY STATES PARTIES TO THE CONVENTION

      1. PART 1 AUSTRIA

         1. Declarations

            1. Article 2, paragraph

            2. Article 6, paragraph 1, sub-paragraph (c)

            3. Articles 7 and 8

            4. Article 9

            5. Article 16, paragraph 2

            6. Article 21, paragraph 2

            7. Article 21, paragraph 5

         2. Reservations

            1. Article 1

            2. Article 5

            3. Article 11

      2. PART 2 CYPRUS

         1. Declarations and Reservations

            1. Article 1

            2. 2f of the Constitution of the Republic no extradition of...

            3. Article 6

            4. Furthermore, under the provisions of the Criminal Code of Cyprus...

            5. Article 11

            6. Article 21, paragraph 2

      3. PART 3 DENMARK

         1. Reservations

            1. Article 1

            2. Extradition may also be refused if it is liable to...

            3. Article 1 and Article 9

            4. Article 2, paragraph 1

            5. Article 3, paragraph 3

            6. Article 4

            7. Article 12

         2. Declarations

            1. Article 6

            2. Article 28, paragraph 3

      4. PART 4 FEDERAL REPUBLIC OF GERMANY

         1. Reservations and Declarations

            1. Article 6

            2. The term “nationals” within the meaning of Article 6, paragraph...

            3. Article 21

            4. Article 21, paragraph 2

            5. Article 21, paragraph 4, sub-paragraph (a)

            6. Article 23

            7. Article 27, paragraph 3

         2. Declaration

            1. The Permanent Representative declared, on behalf of his Government, that...

      5. PART 5 FINLAND

         1. Declaration and notification

            1. Article 6

            2. Article 28, paragraph 3

         2. Reservations

            1. Article 1

            2. Extradition requested for the execution of a sentence rendered by...

            3. Article 2, paragraph 1

            4. A person sentenced in a foreign state for such offence...

            5. Article 3, paragraph 3

            6. Article 4

            7. Article 18

      6. PART 6 FRANCE

         1. Reservations and Declarations

            1. Article 1

            2. Extradition may be refused if surrender is likely to have...

            3. Article 2, paragraph 1

            4. With regard to punishments which are more severe than deprivation...

            5. Article 3, paragraph 3

            6. Article 5

            7. Article 6

            8. Article 14, paragraph 3

            9. Article 16, paragraph 2

            10. Article 21

            11. Article 23

            12. Article 27, paragraphs 1 and 2

      7. PART 7 GREECE

         1. Reservations

            1. Article 6

            2. Article 438 of the Greek Code of Criminal Procedure will...

            3. Article 7

            4. of the Greek Code of Criminal Procedure.

            5. Article 11

            6. Article 18

            7. Article 19

      8. PART 8 ICELAND

         1. Reservations

            1. Article 1

            2. Extradition may also be refused if it is liable to...

            3. Article 2, paragraph 1

            4. Article 3, paragraph 3

            5. Article 4

            6. Article 12

         2. Declarations

            1. Article 6

            2. Article 28, paragraph 3

      9. PART 9 REPUBLIC OF IRELAND

         1. Declaration

            1. I have the honour to declare, in accordance with Article...

         2. Reservation

            1. Article 9

      10. 1. Declarations

             1. Article 21

             2. Article 22

          2. Reservations

             1. Article 2 and Article 4

             2. 1. Article 2 and Article 4

             3. 2. offences under Section 85 of the Criminal Code Ordinance, 1936...

             4. 3. offences under the Penal Law Amendment (Assault on Police Officers)...

             5. Article 2

             6. Article 9

             7. Article 14

             8. Article 15

      11. PART 11 ITALY

          1. Reservation

             1. Italy makes the express reservation that it will not grant...

             2. Italy declares that it will not, under any circumstances, grant...

      12. PART 12 LIECHTENSTEIN

          1. Declarations and Reservations

             1. Article 1

             2. Article 6, paragraph 1, sub-paragraph (c)

             3. Article 11

             4. Article 21

             5. Article 23

      13. PART 13 LUXEMBOURG

          1. Reservations

             1. Article 1

             2. The Government of the Grand Duchy of Luxembourg reserves the...

             3. Articles 6 and 21

             4. Article 7

             5. Article 9

             6. Article 28

             7. The Government of the Grand Duchy of Luxembourg reserves the...

          2. Declarations

             1. Article 6, paragraph 1, sub-paragraph (b)

             2. Article 19

             3. Article 21, paragraph 5

      14. PART 14 NETHERLANDS

          1. Declaration made at signature

             1. Having regard to the equality existing in public law between...

          2. Reservations

             1. Article 1

             2. The Netherlands Government reserves the right to refuse extradition on...

             3. Article 7

             4. Article 9

             5. Article 28

             6. The Netherlands Government reserves the right to derogate from these...

          3. Declarations made on ratification

             1. Articles 6 and 21

             2. However, Netherlands nationals may be extradited for purposes of prosecution...

             3. As regards the Kingdom of the Netherlands, “nationals” for the...

             4. Article 19

             5. Article 21, paragraph 5

      15. PART 15 NORWAY

          1. Declaration and Reservations

             1. Article 1

             2. Article 2, paragraph 1

             3. Article 3, paragraph 3

             4. Article 4

             5. Article 6, paragraph 1, sub-paragraph (b)

             6. Article 12

             7. Article 28, paragraph 3

      16. PART 16 PORTUGAL

          1. Declaration and Reservation

             1. The term “nationals” within the meaning of the Convention shall...

             2. Article 1

             3. Article 2

             4. Article 6, paragraph 1

             5. Article 11

             6. Article 21

      17. PART 17 SPAIN

          1. Reservations

             1. Article 1

             2. Article 10

             3. Article 21, paragraph 5

             4. Article 23

          2. Declarations

             1. Article 2, paragraph 7

             2. Article 3

             3. Article 6, paragraph 1, sub-paragraph (b)

             4. Article 9

             5. Article 11

      18. PART 18 SWEDEN

          1. Declarations

             1. Article 6

             2. Article 21

          2. Reservations

             1. Article 1

             2. Sweden reserves the right to refuse extradition in special cases,...

             3. Article 2

             4. Article 3

             5. Article 4

             6. Article 12

             7. Article 18

      19. PART 19 SWITZERLAND

          1. Declarations and Reservations

             1. Article 1

             2. Article 2, paragraph 2

             3. Article 3, paragraph 3

             4. Article 6

             5. Provided that the statutory requirements are satisfied, offences committed outside...

             6. In accordance with the Act of 20 March 1981 on...

             7. Article 9

             8. Article 11

             9. Article 14, paragraph 1, sub-paragraph (b)

             10. Article 16, paragraph 2

             11. Article 21

             12. Article 23

      20. PART 20 TURKEY

          1. Declaration

             1. The assurance mentioned in Article 11 will be limited to...

             2. In the event of extradition to Turkey of an individual...

   4. SCHEDULE 4

      RESERVATIONS AND NOTIFICATION BY THE UNITED KINGDOM

      1. Article 1

      2. Article 2

      3. Article 3

      4. Article 8

      5. Article 9

      6. Article 10

      7. Article 12

      8. Article 14, paragraph 1, sub-paragraph (a)

      9. Article 21

      10. Article 23

      11. Article 27

      12. Article 28

      13. Notification

   5. SCHEDULE 5

      ORDERS REVOKED

      1. The Austria (Extradition) Order 1970 (S.I. 1970/1111)

      2. The Austria (Extradition) (Extension) Order 1972 (S.I. 1972/1581)

      3. Order in Council dated June 26 1873 directing that the...

      4. The Denmark (Extradition) Order in Council 1936 (S.R. & O....

      5. The Denmark (Extradition) (Amendment) Order 1979 (S.I. 1979/1311)

      6. The Federal Republic of Germany (Extradition) Order 1960 (S.I. 1960/1375)...

      7. The Federal Republic of Germany (Extradition) (Amendment) Order 1978 (S.I....

      8. The Finland (Extradition) Order 1976 (S.I. 1976/1037)

      9. Order in Council dated May 16 1878, directing that the...

      10. Order in Council dated February 22 1896 directing that the...

      11. Order in Council directing that the Extradition Acts shall apply...

      12. The France (Extradition) Order in Council 1928 (S.R. & O....

      13. The France (Extradition) (Amendment) Order 1978 (S.I. 1978/455)

      14. Order in Council directing that the Extradition Acts shall apply...

      15. The Iceland (Extradition) Order in Council 1939 (S.R. & O....

      16. The Israel (Extradition) Order 1960 (S.I. 1960/1660)

      17. The Israel (Extradition) (Amendment) Order 1978 (S.I. 1978/1623)

      18. Order in Council dated March 24 1873 directing that the...

      19. Order in Council dated March 2 1881 directing that the...

      20. The Luxembourg (Extradition) Order in Council 1951 (S.I. 1951/1170)

      21. Order in Council dated February 2 1899 directing that the...

      22. Order in Council dated September 30, 1873 directing that the...

      23. Order in Council directing that the Extradition Acts shall apply...

      24. The Norway (Extradition) (Amendment) Order 1979 (S.I. 1979/913)

      25. The Norway (Extradition) (Amendment) Order 1985 (S.I. 1985/1637)

      26. Order in Council dated March 3 1894 directing that the...

      27. The Portugal (Extradition) Order in Council 1933 (S.R. & O....

      28. The Spain (Extradition) Order 1986 (S.I. 1986/766)

      29. The Sweden (Extradition) Order 1966 (S.I. 1966/226)

      30. The Sweden (Extradition) (Extension) Order 1966 (S.I. 1966/811)

      31. The Sweden (Extradition) (Amendment) Order 1980 (S.I. 1980/566)

      32. Order in Council dated May 18 1881 directing that the...

      33. Order in Council directing that the Extradition Acts shall apply...

      34. The Switzerland (Extradition) Order in Council 1935 (S.R. & O....

9. Explanatory Note