Equipo Nizkor - European Convention on the suppression of terrorism.

No. 17828

MULTILATERAL
European Convention on the suppression of terrorism. Concluded at Strasbourg on 27 January 1977

Authentic texts: English and French.
Registered by the Secretary-General of the Council of Europe, acting on behalf of the Parties, on 30 May 1979.

MULTILATÉRAL
Convention européenne pour la répression du terrorisme. Conclue à Strasbourg le 27 janvier 1977

Textes authentiques : anglais et français.
Enregistrée par le Secrétaire général du Conseil de l'Europe, agissant au nom des Parties, le 30 mai 1979.

EUROPEAN CONVENTION |1| ON THE SUPPRESSION OF TERRORISM

The member States of the Council of Europe, signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members,

Aware of the growing concern caused by the increase in acts of terrorism,

Wishing to take effective measures to ensure that the perpetrators of such acts do not escape prosecution and punishment,

Convinced that extradition is a particularly effective measure for achieving this result,

Have agreed as follows:

Article 1. For the purposes of extradition between Contracting States, none of the following offences shall be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives:

(a) An offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970; |2|

(b) An offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971; |3|

(c) A serious offence involving an attack against the life, physical integrity or liberty of internationally protected persons, including diplomatic agents;

(d) An offence involving kidnapping, the taking of a hostage or serious unlawful detention;

(e) An offence involving the use of a bomb, grenade, rocket, automatic firearm or letter or parcel bomb if this use endangers persons;

(f) An attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 2. 1. For the purposes of extradition between Contracting States, a Contracting State may decide not to regard as a political offence or as an offence connected with a political offence or as an offence inspired by political motives a serious offence involving an act of violence, other than one covered by article 1, against the life, physical integrity or liberty of a person.

2. The same shall apply to a serious offence involving an act against property, other than one covered by article 1, if the act created a collective danger for persons.

3. The same shall apply to an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 3. The provisions of all extradition treaties and arrangements applicable between Contracting States, including the European Convention on Extradition, |4| are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 4. For the purposes of this Convention and to the extent that any offence mentioned in article 1 or 2 is not listed as an extraditable offence in any extradition convention or treaty existing between Contracting States, it shall be deemed to be included as such therein.

Article 5. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State has substantial grounds for believing that the request for extradition for an offence mentioned in article 1 or 2 has been made for the purpose of prosecuting or punishing a person on acccount of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

Article 6. 1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in article 1 in the case where the suspected offender is present in its territory and it does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.

2. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 7. A Contracting State in whose territory a person suspected to have committed an offence mentioned in article 1 is found and which has received a request for extradition under the conditions mentioned in article 6, paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

Article 8. 1. Contracting States shall afford one another the widest measure of mutual assistance in criminal matters in connection with proceedings brought in respect of the offences mentioned in article 1 or 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Nevertheless this assistance may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

2. Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual assistance if the requested State has substantial grounds for believing that the request for mutual assistance in respect of an offence mentioned in article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position may be prejudiced for any of these reasons.

3. The provisions of all treaties and arrangements concerning mutual assistance in criminal matters applicable between Contracting States, including the European Convention on Mutual Assistance in Criminal Matters, are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 9. 1. The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention.

2. It shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

Article 10. 1. Any dispute between Contracting States concerning the interpretation or application of this Convention, which has not been settled in the framework of article 9, paragraph 2, shall, at the request of any Party to the dispute, be referred to arbitration. Each Party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If any Party has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other Party by the President of the European Court of Human Rights. If the latter should be a national of one of the Parties to the dispute, this duty shall be carried out by the Vice-President of the Court or, if the Vice-President is a national of one of the Parties to the dispute, by the most senior judge of the Court not being a national of one of the Parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee.

2. The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award shall be final.

Article 11. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

3. In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Article 12. 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply.

2. Any State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorized to give undertakings.

3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect immediately or at such later date as may be specified in the notification.

Article 13. 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition in respect of any offence mentioned in article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives, provided that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

(a) That it created a collective danger to the life, physical integrity or liberty of persons; or

(b) That it affected persons foreign to the motives behind it; or

2. Any State may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

3. A State which has made a reservation in accordance with paragraph 1 of this article may not claim the application of article 1 by any other State; it may, however, if its reservation is partial or conditional, claim the application of that article in so far as it has itself accepted it.

Article 14. Any Contracting State may denounce this Convention by means of a written notification addressed to the Secretary General of the Council of Europe. Any such denunciation shall take effect immediately or at such later date as may be specified in the notification.

Article 15. This Convention ceases to have effect in respect of any Contracting State which withdraws from or ceases to be a Member of the Council of Europe.

Article 16. The Secretary General of the Council of Europe shall notify the member States of the Council of:

(a) Any signature;

(b) Any deposit of an instrument of ratification, acceptance or approval;

(d) Any declaration or notification received in pursuance of the provisions of article 12;

(e) Any reservation made in pursuance of the provisions of article 13, paragraph 1;

(f) The withdrawal of any reservation effected in pursuance of the provisions of article 13, paragraph 2;

(g) Any notification received in pursuance of article 14 and the date on which denunciation takes effect;

(h) Any cessation of the effects of the Convention pursuant to article 15.

In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.

For the Government of the Republic of Austria:
WlLLIBALD PAHR

For the Government of the Kingdom of Belgium:
RENAAT VAN ELSLANDE

For the Government of the Republic of Cyprus:
IOANNIS CHRISTOPHIDES

For the Government of the Kingdom of Denmark:
K. B. ANDERSEN

For the Government of the French Republic:
P. C. TAITTINGER |5|

For the Government of the Federal Republic of Germany:
HANS-DIETRICH GENSCHER

For the Government of the Hellenic Republic:
DIMITRI S. BITSIOS

For the Government of the Icelandic Republic:
EINAR AGUSTSSON

For the Government: of Ireland:

For the Government of the Italian Republic:
GHERARDO CORNAGGIA MEDICI CASTIGLIONI |6|

For the Government of the Principality of Liechtenstein:
Strasbourg, le 22 janvier 1979
NIKOLAUS VON LIECHTENSTEIN

For the Government of the Grand Duchy of Luxembourg:
GASTON THORN

For the Government of Malta:

For the Government of the Kingdom of the Netherlands:
MAX VAN DER STOEL

For the Government of the Kingdom of Norway:
KNUT FRYDENLUND |7|

For the Government of the Portuguese Republic:
JOSÉ MEDEIROS FERREIRA |8|

For the Government of the Kingdom of Spain:
Strasbourg, le 27 avril 1978
MARCELINO OREJA AGUIRRE

For the Government of the Kingdom of Sweden:
KARIN SÖDER

For the Government of the Swiss Confederation:
PIERRE GRABER

For the Government of the Turkish Republic:
I. S. ÇAGLAYANGIL

For the Government of the United Kingdom of Great Britain and Northern Ireland:
ANTHONY CROSLAND

RESERVATIONS AND DECLARATIONS MADE UPON SIGNATURE

FRANCE
[Translation |9| — Traduction |10|]

In deciding to sign the European Convention on the Suppression of Terrorism today, the Government wished to demonstrate its solidarity with the other European countries in combating a danger which has created — and continues to create — a number of innocent victims and very properly arouses public feeling.

This signature is the logical consequence of the action we have been taking for several years and which has caused us on several occasions to strengthen our internal legislation and to ratify The Hague |11| and Montreal |12| Conventions on air terrorism.

It is self-evident that efficiency in this struggle must be reconciled with respect for the fundamental principles of our criminal law and of our Constitution, which states in its preamble that "anyone persecuted on account of his action for the cause of liberty has the right to asylum on the territory of the Republic".

It is also clear that such a high degree of solidarity as is provided for in the Council of Europe Convention |13| can only apply between States sharing the same ideals of freedom and democracy.

France will therefore subject the application of the Convention to certain conditions. On ratification it will make the reservations necessary to ensure that the considerations I have just mentioned will be taken into account and that human rights will at no time be endangered.

There is a further point of very special importance to the Government: this is the success of the work of the Nine in the same field following the decisions of the European Council on 13 July 1976. We wish to avoid risks of conflict between the two texts and the Government therefore does not intend to ratify the Strasbourg Convention before the instrument which will be prepared by the Nine.

Furthermore, taking action against terrorism does not absolve us from tackling the political problem of the causes of terrorism. For in many respects the real struggle against terrorism is a struggle for a just peace which guarantees everyone's legitimate rights.

ITALY
[Translation |14| — Traduction |15|]

Italy declares that it reserves the right to refuse extradition and mutual assistance in criminal matters in respect to any offence mentioned in article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives: in this case Italy undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

(a) That it created a collective danger to the life, physical integrity or liberty of persons; or

(b) That it affected persons foreign to the motives behind it; or

NORWAY

"The Kingdom of Norway declares that it reserves the right to refuse, in conformity with the provisions laid down in article 13, paragraph 1, of the Convention, extradition in respect of any offences mentioned in article 1 if it considers it to be a political offence or connected with a political offence or inspired by political motives.

"The Kingdom of Norway does not consider itself bound by the provisions of article 8 and reserves the right to refuse requests for assistance in criminal matters in which the offence is regarded by Norwegian authorities to be a political offence or connected with a political offence or inspired by political motives."

PORTUGAL
[Translation |16| — Traduction |17|]

As requested State, Portugal will not grant extradition for offences punishable by death in the requesting State, this is, in accordance with article 11 of the European Convention on Extradition to which Portugal is not a Contracting Party.

Portugal is signing the Convention subject to the safeguard of the provisions of its constitution relating to non-extradition on political grounds.

RESERVATIONS AND DECLARA-MADE UPON RATIFICATION

CYPRUS

"The Government of the Republic of Cyprus reserves the right to refuse extradition in respect of any offence mentioned in article 1 which it considers to be a political offence.

"(a) With respect to Article 7 of the Convention and pursuant to the Republic of Cyprus the Extension of Jurisdiction of National Courts with respect to certain Terrorist Offences Law of 1979 which has been enacted by the House of Representatives of the Republic of Cyprus on the 18th January 1979, the national courts of Cyprus can prosecute a person suspected to have committed an offence mentioned in article 1 of this Convention.

"(b) In this regard, the Government of the Republic of Cyprus wishes further to notify that its reservations and declarations made on 22nd January 1971 |18| when depositing its instrument of ratification with regard to the European Convention on Extradition of 13th December 1957 are still valid."

DENMARK

"The Danish Government, in accordance with the provisions of article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in article 1 which it considers to be a political offence."

FEDERAL REPUBLIC OF GERMANY

"With effect from the date on which the said Convention enters into force for the Federal Republic of Germany, it shall also apply to Land Berlin, subject to the rights, responsibilities and legislation of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

"In particular, nationals of the French Republic, the United Kingdom of Great Britain and Northern Ireland or the United States of America shall not be extradited without the consent of the appropriate Sector Commandant."

SWEDEN

"The Swedish Government, in accordance with the provisions of article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in article 1 which it considers to be a political offence."

[Source: United Nations, Treaty Series, Vol. 1137, No. 17828, 1979]

Notes:

1. Came into force on 4 August 1978, i.e., three months after the date of deposit with the Secretary-General of the Council of Europe of the third instrument of ratification, acceptance or approval, in accordance with article 11(1) and (2). Instruments of ratification, acceptance or approval were deposited as follows:

State Date of deposit of the instrument of ratification

Austria 11 August 1977

Sweden* 15 September 1977

Germany, Federal Republic of*
(With a declaration of application to Land Berlin.) 3 May 1978

Subsequently, the Convention came into force for the following States three months after the date of deposit of their instruments of ratification, acceptance or approval with the Secretary-General of the Council of Europe, in accordance with article 11 (1) and (3):

State Date of deposit of the instrument of ratification

Denmark*
(With effect from 28 September 1978, With a declaration of non-application to the Faroe Islands and Greenland.) 27 June 1978

United Kingdom of Great Britain and Northern Ireland
(With effect from 23 October 1978. With a declaration of application to the bailiwick of Jersey, the bailiwick of Guernsey and the Isle of Man.) 24 July 1978

Cyprus*
(With effect from 27 May 1979.) 26 February 1979

* See p. 110 of this volume for the texts of the reservations and declarations made upon ratification. [Back]

2. United Nations, Treaty Series, vol. 860, p. 105. [Back]

3. Ibid., vol. 974, p. 177. [Back]

4. United Nations, Treaty Series, vol. 359, p. 273 ; see also "Additional Protocol to the European Convention on extradition, signed at Strasbourg on 15 October 1975", ibid., vol. 1161, No. A-5146. [Back]

5. See p. 107 of this volume for the texts of the reservations and declarations made upon signature — Voir p. 107 du présent volume pour les textes des réserves et déclarations faites lors de la signature. [Back]

6. See p. 107 of this volume for the texts of the reservations and declarations made upon signature — Voir p. 107 du présent volume pour les textes des réserves et déclarations faites lors de la signature. [Back]

7. See p. 107 of this volume for the texts of the reservations and declarations made upon signature — Voir p. 107 du présent volume pour les textes des réserves et déclarations faites lors de la signature. [Back]

8. See p. 107 of this volume for the texts of the reservations and declarations made upon signature — Voir p. 107 du présent volume pour les textes des réserves et déclarations faites lors de la signature. [Back]

9. Translation supplied by the Council of Europe. [Back]

10. Traduction fournie par le Conseil de l'Europe. [Back]

11. United Nations, Treaty Series, vol. 860, p. 105. [Back]

12. Ibid., vol. 974, p. 177. [Back]

13. Ibid., vol. 87, p. 103. [Back]

14. Translation supplied by the Council of Europe. [Back]

15. Traduction fournie par le Conseil de l'Europe. [Back]

16. Translation supplied by the Council of Europe. [Back]

17. Traduction fournie par le Conseil de l'Europe. [Back]

18. United Nations, Treaty Series, vol. 789, p. 292. [Back]

Legislation
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State	Date of deposit of the instrument of ratification
Austria	11 August 1977
Sweden*	15 September 1977
Germany, Federal Republic of* (With a declaration of application to Land Berlin.)	3 May 1978

State	Date of deposit of the instrument of ratification
Denmark* (With effect from 28 September 1978, With a declaration of non-application to the Faroe Islands and Greenland.)	27 June 1978
United Kingdom of Great Britain and Northern Ireland (With effect from 23 October 1978. With a declaration of application to the bailiwick of Jersey, the bailiwick of Guernsey and the Isle of Man.)	24 July 1978
Cyprus* (With effect from 27 May 1979.)	26 February 1979

27Jan77

European Convention on the suppression of terrorism

[Source: United Nations, Treaty Series, Vol. 1137, No. 17828, 1979]