The European Convention on Extradition Order 2001

PART 15 HUNGARY

Reservations and Declarations

Article 1

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

Hungary moreover 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, 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.

Article 6

Notwithstanding the provisions of Article 6, paragraph 1a of the Peace Treaty concluded in Paris on 10 February 1947, Hungary will not grant extradition of its own nationals, except in the case where the person sought for extradition is also a citizen of another State and has his permanent residence in a foreign State. Irrespective of his permanent residence and his incidental other citizenship, a Hungarian citizen may be transferred to another State, if the extradition of such a person to Hungary was granted under the condition that, following completion of the criminal proceedings or the execution of the sentence against him, he would be transferred back to that State for the purpose of fulfilling the request for extradition.

Hungary reserves the right to refuse extradition of persons settled definitively in Hungary.

Article 11

Hungary will refuse extradition if it is requested to carry out death penalty or to prosecute a person charged with an offence punishable by death penalty. However, extradition may be granted in respect of an offence punishable by death penalty under the law of the requesting State, if that State accepts that death penalty, if pronounced, will not be executed.

Article 16

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

Article 21

Hungary will refuse transit of its own nationals and of persons settled definitively in Hungary.

Article 23

Hungary declares that it will require a translation of the request for extradition and documents annexed thereto into either Hungarian, or any of the official languages of the Council of Europe, if they are not drawn up in these languages.