The European Convention on Extradition Order 1990

The Swiss Federal Council declares that 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 all 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.

Article 16, paragraph 2

Switzerland asks that any request addressed to it in accordance with Article 16, paragraph 2, contain a brief 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.

Article 21

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, restrictions or market regulations.

Article 23

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

PART 20 — TURKEY

Declaration

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.

SCHEDULE 4 — RESERVATIONS AND NOTIFICATION BY THE UNITED KINGDOM

Article 1

The United Kingdom reserves the right to refuse to grant extradition which is requested pursuant to or for the purpose of executing a conviction or sentence pronounced against the person concerned in his absence from the proceedings in respect of which the conviction or sentence was pronounced.

Article 2

• (1) The United Kingdom may decide to grant extradition in respect of any offences which under the law of the requesting State and the law of the United Kingdom are punishable by a sentence of imprisonment for a term of 12 months or any greater punishment, whether or not such a sentence has in fact been imposed.

• (2) The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence or each of the offences in respect of which a person’s return is sought, that by reason of its trivial nature, or because the accusation is not made in good faith in the interests of justice, it would in all the circumstances be unjust or oppressive to return him.

Article 3

The United Kingdom reserves the right to apply the provisions of Article 3 paragraph 3 only in respect of States parties to the European Convention on the Suppression of Terrorism.

Article 8

The United Kingdom may refuse to extradite a person if the authorities in any part of the United Kingdom, the Channel Islands or the Isle of Man have instituted or are about to institute criminal or other proceedings against that person, whether or not those proceedings are in respect of the offence or offences for which extradition is requested.

Article 9

The United Kingdom reserves the right to refuse to grant extradition of a person accused of an offence, if it appears that that person would if charged with that offence in the United Kingdom be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

Article 10

The United Kingdom reserves the right to refuse extradition if it appears, in relation to the offence, or each of the offences, in respect of which the person’s return is sought, that by reason of the passage of time since he is alleged to have committed it, or to have become unlawfully at large, as the case may be, it would, having regard to all the circumstances, be unjust or oppressive to return him.

Article 12

• (1) In addition to the request and any supporting documents, the United Kingdom will require a statement indicating whether or not a conviction in respect of which extradition is requested was obtained in the presence of the person whose return is sought.

• (2) The request must be supported by the original of the conviction and sentence or detention order, or of the warrant of arrest or other order having the same effect.

• (3) The statement of the offences for which extradition is requested must contain a description of the conduct which it is alleged constitutes the offence or offences for which extradition is requested.

• (4) For the purposes of proceedings in the United Kingdom, foreign documents shall be deemed duly authenticated

• (a) if they purport to be signed by a judge, magistrate or officer of the State where they were issued; and

• (b) if they purport to be certified by being sealed with the official seal of the Minister of Justice, or some other Minister of State, of that State.

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

The United Kingdom reserves the right in any case to refuse to consent to a person who has been extradited being proceeded against, sentenced or detained with a view to carrying out the sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited or to his being for any other reason restricted in his personal freedom.

Article 21

The United Kingdom cannot accept the application of Article 21.

Article 23

The documents to be produced shall be in English or accompanied by a translation into English.

Article 27

This Convention shall apply to the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man. The United Kingdom reserves the right to notify the Secretary General of the application of the Convention to any territory for the international relations of which the United Kingdom is responsible.

Article 28

The Convention supersedes the provisions of bilateral treaties between the United Kingdom and other Contracting Parties only to the extent that the Convention applies, by or under Article 27, to the United Kingdom, the Contracting Parties, and any territories for whose international relations the United Kingdom or the Contracting Parties are responsible.

Notification

The Convention shall not apply between the United Kingdom and any Contracting Party when laws are in force in the United Kingdom and in that Contracting Party providing for the execution in the territory of each of them of warrants issued in the territory of the other.

SCHEDULE 5 — ORDERS REVOKED

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

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

• Order in Council dated June 26 1873 directing that the Extradition Acts shall apply in the case of the Kingdom of Denmark.

• The Denmark (Extradition) Order in Council 1936 (S.R. & O. 1936/405)

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

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

• The Federal Republic of Germany (Extradition) (Amendment) Order 1978 (S.I. 1978/1403)

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

• Order in Council dated May 16 1878, directing that the Extradition Acts shall apply in the case of France.

• Order in Council dated February 22 1896 directing that the Extradition Acts shall apply in the case of France (S.R. & O. 1896/54)

• Order in Council directing that the Extradition Acts shall apply in the case of France etc 1909 (S.R. & O. 1909/1458)

• The France (Extradition) Order in Council 1928 (S.R. & O. 1928/575)

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

• Order in Council directing that the Extradition Acts shall apply in the case of Greece in accordance with a Treaty of September 11/24 1910 (S.R. & O. 1912/193)

• The Iceland (Extradition) Order in Council 1939 (S.R. & O. 1939/825)

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

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

• Order in Council dated March 24 1873 directing that the Extradition Acts shall apply in the case of the Kingdom of Italy.

• Order in Council dated March 2 1881 directing that the Extradition Acts shall apply in the case of the Grand Duchy of Luxembourg.

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

• Order in Council dated February 2 1899 directing that the Extradition Acts shall apply in the case of the Netherlands. (S.R. & O. 1899/83)

• Order in Council dated September 30, 1873 directing that the Extradition Acts shall apply in the case of the Kingdoms of Sweden and Norway.

• Order in Council directing that the Extradition Acts shall apply in the case of the Kingdom of Norway (S.R. & O. 1907/545)

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

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

• Order in Council dated March 3 1894 directing that the Extradition Acts shall apply in the case of the Kingdom of Portugal (S.R. & O. 1894/102).

• The Portugal (Extradition) Order in Council 1933 (S.R. & O. 1933/678).

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

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

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

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

• Order in Council dated May 18 1881 directing that the Extradition Acts shall apply in the case of Switzerland.

• Order in Council directing that the Extradition Acts shall apply in the case of Switzerland (S.R. & O. 1905/616)

• The Switzerland (Extradition) Order in Council 1935 (S.R. & O. 1935/676)

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order gives effect to the European Convention on Extradition. It provides that the Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act shall apply as between the United Kingdom and the States parties to the European Convention on Extradition which are listed in Part I of Schedule 2 to the Order. It will come into force when the Convention enters into force for the United Kingdom, that is to say, 90 days after the deposit of the instrument of ratification on behalf of the United Kingdom.

Footnotes

[^f00001]: 1989 c. 33.

[^f00002]: 1870 c. 52.

[^f00003]: 1978 c. 30.

[^f00004]: Text modified by a letter dated 14 October 1987.

[^f00005]: Text modified by letter of 17 January 1977.

[^f00006]: Text modified by letter of 17 January 1977.

[^f00007]: Text modified by letter dated 14 April 1967.

[^f00008]: Modified by letters dated 25 January 1983 and 14 October 1987.