European Treaty Series – No. 86
ADDITIONAL PROTOCOL TO
THE EUROPEAN CONVENTION
The member States of the Council of Europe, signatory to this Protocol,
Having regard to the provisions of the European Convention on Extradition opened for signature in Paris on 13 December 1957 (hereinafter referred to as “the Convention”) and in particular Articles 3 and 9 thereof;
Considering that it is desirable to supplement these Articles with a view to strengthening the protection of humanity and of individuals,
Have agreed as follows:
For the application of Article 3 of the Convention, political offences shall not be considered to include the following:
a the crimes against humanity specified in the Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948 by the General Assembly of the United Nations;
b the violations specified in Article 50 of the 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Article 51 of the 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked members of Armed Forces at Sea, Article 130 of the 1949 Geneva Convention relative to the Treatment of Prisoners of War and Article 147 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War;
c any comparable violations of the laws of war having effect at the time when this Protocol enters into force and of customs of war existing at that time, which are not already provided for in the abovementioned provisions of the Geneva Conventions.
Article 9 of the Convention shall be supplemented by the following text, the original Article 9 of the Convention becoming paragraph 1 and the undermentioned provisions becoming paragraphs 2, 3 and 4:
“2. The extradition of a person against whom a final judgment has been rendered in a third State, Contracting Party to the Convention, for the offence or offences in respect of which the claim was made, shall not be granted:
a if the aforementioned judgment resulted in his acquittal;
b if the term of imprisonment or other measure to which he was sentenced:
i has been completely enforced;
ii has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty;
c if the court convicted the offender without imposing a sanction.
3 However, in the cases referred to in paragraph 2, extradition may be granted:
a if the offence in respect of which judgment has been rendered was committed against a person, an institution or any thing having public status in the requesting State;
b if the person on whom judgment was passed had himself a public status in the requesting State;
c if the offence in respect of which judgment was passed was committed completely or partly in the territory of the requesting State or in a place treated as its territory.
4 The provisions of paragraphs 2 and 3 shall not prevent the application of wider domestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgments.”
1 This Protocol shall be open to signature by the member States of the Council of Europe which have signed the Convention. 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 Protocol shall enter into force 90 days 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 Protocol shall enter into force 90 days after the date of the deposit of its instrument of ratification, acceptance or approval.
4 A member State of the Council of Europe may not ratify, accept or approve this Protocol without having, simultaneously or previously, ratified the Convention.
1 Any State which has acceded to the Convention may accede to this Protocol after the Protocol has entered into force.
2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect 90 days after the date of its deposit.
1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.
2 Any State may, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Protocol to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.
3 Any declaration made in pursuance of the preceeding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 8 of this Protocol.
1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it does not accept one or the other of Chapters I or II.
2 Any Contracting Party may withdraw a declaration 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 No reservation may be made to the provisions of this Protocol.
The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Protocol and shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.
1 Any Contracting Party may, in so far as it is concerned, denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.
3 Denunciation of the Convention entails automatically denunciation of this Protocol.
The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the Convention of:
a any signature;
b any deposit of an instrument of ratification, acceptance, approval or accession;
c any date of entry into force of this Protocol in accordance with Article 3 thereof;
d any declaration received in pursuance of the provisions of Article 5 and any withdrawal of such a declaration;
e any declaration made in pursuance of the provisions of Article 6, paragraph 1;
f the withdrawal of any declaration carried out in pursuance of the provisions of Article 6, paragraph 2;
g any notification received in pursuance of the provisions of Article 8 and the date on which denunciation takes effect.
In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this 15th day of October 1975, in English and 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 and acceding States.