Decree of the Minister for Foreign Affairs No. 102 / 1984 Coll.
Decree of the Minister for Foreign Affairs on the Convention on Criminal Procedure and certain other acts committed on board aircraft
Valid
Effective from 23.05.1984
102
DECLARATION
Minister for Foreign Affairs
of 24 July 1984
concerning the Convention on criminal offences and certain other acts committed on board aircraft
On 14 September 1963, the Convention on Penal and certain other acts on board the aircraft was negotiated in Tokyo.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and the Charter on the Access of the Czechoslovak Socialist Republic to the Convention on Penal and certain other acts committed on board the aircraft was deposited with the International Civil Aviation Organisation, the depositary of the Convention, on 23 February 1984.
The Convention entered into force on 4 December 1969 pursuant to Article 21 (1) thereof. For the Czechoslovak Socialist Republic, it entered into force on 23 May 1984 in accordance with Article 22 (2).
The Czech translation of the Convention is being announced simultaneously.
First Deputy:
Greece
CONVENTION
on criminal offences and certain other acts committed on board an aircraft
The Contracting States to this Convention have agreed as follows:
Scope of the Convention
1. This Convention shall apply to:
(a) offences under the criminal law;
(b) acts which, whether or not they are criminal, may threaten or threaten the safety of an aircraft or persons or property on an aircraft or which threaten order and discipline on board an aircraft.
2. Subject to the provisions of Title III, this Convention shall apply to criminal offences and other acts committed by a person on board an aircraft, registered in a Contracting State, in a flight or at a time when the aircraft is at sea level or in an area which is not the territory of any State.
3. For the purposes of this Convention, an aircraft shall be considered in flight from the moment when the take-off force is applied until the landing period is over.
4. This Convention shall not apply to aircraft used for military, customs or police purposes.
Without prejudice to the provisions of Article 4 and except where the safety of an aircraft or persons or property on board so requires, no provision of this Convention shall be construed as justifying or requiring any action in the case of criminal acts of a political nature or consisting of racial or religious discrimination.
Jurisdiction
1. The State of registration of the aircraft shall be competent to exercise jurisdiction in respect of criminal offences and other acts committed on board the aircraft.
2. Each Contracting State shall take the measures necessary to exercise, as a registration State, its jurisdiction over the offences committed on board an aircraft registered in its aviation register.
3. This Convention shall not exclude criminal jurisdiction exercised in accordance with national law.
A Contracting State which is not a registration State shall not interfere with the operation of an aircraft in flight in order to exercise its criminal jurisdiction in the event of an offence committed on board an aircraft unless it is one of the following:
(a) the offence has been manifested by its effects on the territory of that State;
(b) the offence has been committed by a citizen or against a citizen of that State or by a person resident therein;
(c) the offence is directed against the security of that State;
(d) the rules or regulations on flight or flight control in force in that State are infringed;
(e) the exercise of jurisdiction is necessary to ensure that the obligations arising for that State under the multilateral international agreement are fulfilled.
Approval of the commander
1. The provisions of this Title shall not apply to criminal offences or other acts committed or intended by a person on board an aircraft in flight in the airspace of the State of registration or above the open sea or other area which is not the territory of a Member State, unless the last take-off point or the next intended landing point is situated on the territory of a State other than the State of registration, or unless the aircraft is flying through the airspace of a State other than the State of registration with that person on board.
2. Notwithstanding the provisions of Article 1 (3), for the purposes of this Subpart, an aircraft shall be regarded as an aircraft in flight from the moment when all external doors are closed after the aircraft has been loaded until one of those doors is opened for unloading. In the event of an emergency landing, the provisions of this Title shall continue to apply to criminal offences and other acts committed on board an aircraft until the competent authorities take responsibility for the aircraft, persons and property on board it.
1. Where the commander has serious grounds to believe that a person has committed, or is about to commit, a criminal or other offence referred to in Article 1 (1), he may take appropriate measures against that person, including restrictions, which are necessary:
(a) to protect the safety of the aircraft or persons or property on the aircraft; or
(b) to maintain order and discipline on board; or
(c) in order to transfer such a person to the competent authorities or to withdraw him in accordance with the provisions of this Title.
2. The commander may impose or entrust other crew members as he may request or entrust passengers, but not require them to assist him in the detention of a person whose freedom he is entitled to restrict. Any crew member or passenger may also take all reasonable measures without such authorisation if he or she has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft or persons or property on the aircraft.
1. Measures taken to detain a person pursuant to Article 6 shall be carried out only until the place of landing, except where:
(a) such a place shall be situated in the territory of a non-Contracting State and the authorities of that State shall not allow that person to leave or where measures have been taken pursuant to Article 6 (1) (c) to transfer such person to the competent authorities;
(b) the aircraft shall land in an emergency and the commander may not transfer such person to the competent authorities;
(c) such a person agrees to another shipment from this point in the restrictive measures taken.
2. The commander of an aircraft carrying a person subject to a restriction measure as referred to in Article 6 shall, as soon as possible and as far as possible before landing on the territory of that State, notify the authorities of that State that the person subject to the restriction measure is on board the aircraft and provide the reasons for those measures.
1. The commander may land on the territory of any State in which the aircraft lands, any person for whom he or she has reason to believe that he or she has committed or intends to commit the act referred to in Article 1 (1) (b), if necessary for the purposes referred to in Article 6 (1) (a) or (b).
2. The commander shall inform the authorities of the State on whose territory he has introduced a person in accordance with the provisions of this Article of the withdrawal of a person and of the reasons therefor.
1. The commander may transmit to the competent authorities of any Contracting State on whose territory the aircraft is landing to any person for whom he or she has serious reasons to believe that he or she has committed an act which, in his or her view, is a serious offence under the criminal law of the State of registration of the aircraft.
2. The commander of an aircraft on whose board the person he intends to transfer in accordance with the preceding paragraph shall notify the authorities of that State as soon as possible and, as far as possible, before landing in the territory of the Contracting State, of his intention to transfer that person to them and the reasons for his transfer.
3. The commander shall provide the authorities to whom he shall transmit the suspect in accordance with the provisions of this Article with the evidence and information which he has in accordance with the law of the State of registration of the aircraft.
The commander or other members of the crew, passenger, owner or aircraft operator or the person for whom the flight has been conducted may in no way be held liable for the treatment of the person against whom measures have been taken in accordance with the provisions of this Convention.
Illegal seizure of an aircraft
1. If any person on board an aircraft uses unlawful violence or threat of violence to interfere with the operation of an aircraft, the seizure of an aircraft or any other illegal exercise of control over an aircraft in flight or the threat of such an act being committed, the Contracting States shall take all necessary measures to recover control of the aircraft from the competent commander or to maintain such control.
2. In the cases referred to in the preceding paragraph, the Contracting State on whose territory the aircraft will land shall permit passengers and crew to continue their journey as soon as possible and return the aircraft and its cargo to the authorised holders.
Rights and obligations of States
Each Contracting State shall allow the commander, registered in another Contracting State, to land any person in accordance with the provisions of Article 8 (1).
1. Each Contracting State shall take over any person who is suspended by the commander in accordance with Article 9 (1).
2. If the Contracting State finds that the circumstances justify it, it shall take custody or other measures to ensure that any person suspected of committing the acts referred to in Article 11 (1) and any person it has taken over. Binding and other measures will be governed by the law of that State, but may only last for the period necessary to initiate criminal proceedings or extradition proceedings.
3. Any person in custody under the preceding paragraph shall be allowed to immediately contact the nearest competent representative of the State of which he is a national.
4. Any Contracting State to which a person is transferred in accordance with the provisions of Article 9 (1) or on whose territory an aircraft lands after the act referred to in Article 11 (1) has been committed shall immediately carry out a preliminary examination of the facts.
5. Where a State takes a person into custody in accordance with this Article, it shall immediately inform the State of registration of the aircraft, the State of which that person is a national and, if it considers it appropriate, any interested State of the fact that that person is in custody and of the circumstances justifying his or her taking into custody. The State which carries out the preliminary examination of the facts referred to in paragraph 4 of this Article shall immediately communicate its findings to the said States and indicate whether it intends to exercise jurisdiction.
1. Where a person, established in accordance with the provisions of Article 8 (1) or transmitted in accordance with the provisions of Article 9 (1) or established after the act referred to in Article 11 (1), cannot or does not wish to continue his or her journey, and if the State refuses to accept the person, that State may, if the person concerned is not a national of his or her territory, return him to the territory of the State of his or her nationality or the territory of the State of his or her departure by aircraft.
2. The removal, transfer, detention or other measures referred to in Article 13 (2), or the return of the person concerned, shall not be considered as valid entry into the territory of the Contracting State concerned in respect of its legislation governing the entry or entry into its territory of persons. The laws of the Contracting State governing expulsion from its territory shall not affect the provisions of this Convention.
1. Subject to the provisions of Article 14, any person who has been introduced in accordance with the provisions of Article 8 (1) or who has been transmitted in accordance with the provisions of Article 9 (1) or who has been introduced after the act referred to in Article 11 (1) has been committed and wishes to continue the journey shall be able to travel as soon as possible to any place of his choice, unless his presence requires the legal order of the State of the place of landing for the purposes of criminal proceedings or extradition.
2. Without prejudice to the laws of a Contracting State, governing the entry and authorisation of entry into, or the release or expulsion from, its territory, each Contracting State shall grant to a person who has been introduced within its territory in accordance with the provisions of Article 8 (1) or who has given up and is suspected of committing an act referred to in Article 11 (1) treatment no less favourable than that which it provides to its members in similar cases.
Other provisions
1. The offences committed on board an aircraft registered in a Contracting State shall be considered for the purposes of extradition as if they had occurred not only at the crime scene but also within the territory of the State of registration of the aircraft.
2. Without prejudice to the provisions of the preceding paragraph, no provision of this Convention shall be construed as constituting an obligation of extradition.
Contracting States which take measures to investigate, detain or otherwise exercise jurisdiction in relation to a criminal offence committed on board an aircraft shall pay due attention to the safety and other needs of air navigation and shall act in such a way as not to cause unnecessary delays in aircraft, passengers, crew or cargo.
Where Contracting States establish a common organisation operating air transport or an international operational organisation which will operate aircraft not registered in any State, they shall, as appropriate, designate among themselves a State which shall be deemed to be a marketing authorisation for the purposes of this Convention and inform the International Civil Aviation Organisation, which shall notify that information to all Contracting States of this Convention.
Final provisions
Until the date of its entry into force, in accordance with the provisions of Article 21, this Convention shall remain open for signature by all States which are at that date members of the United Nations or any of its professional organisations.
This Convention shall be subject to ratification by the signatory States in accordance with their constitutional requirements.
2. The instruments of ratification shall be deposited with the International Civil Aviation Organisation.
1. As soon as 12 signatory States deposit their instruments of ratification, the Convention shall enter into force between them on the 90th day following the deposit of the twelfth instrument of ratification. For a State which will ratify it later, the Convention shall enter into force 90 days after the deposit of its instrument of ratification.
2. Once this Convention enters into force, it will be registered through the International Civil Aviation Organisation with the Secretary-General of the United Nations.
1. This Convention shall be open to access to each Member State of the United Nations or to any of its professional organisations upon its entry into force.
2. The access shall be carried out by the deposit of an instrument of access with the International Civil Aviation Organisation and shall take effect 90 days after such deposit.
1. Each Contracting State may terminate this Convention by notifying the International Civil Aviation Organisation.
2. The denunciation shall take effect six months from the date on which the International Civil Aviation Organisation receives the notification.
1. Any dispute between the Contracting States concerning the interpretation or implementation of this Convention which cannot be resolved by negotiation shall be submitted at the request of one of them for arbitration. If, within six months of the date of the request, the parties are unable to agree on the organisation of arbitration, any of them may bring the dispute before the International Court of Justice in accordance with its Statute.
2. Each State may declare, when signing or ratifying this Convention or accessing it, that it does not feel bound by the provisions of the preceding paragraph. The other Contracting States shall not be bound by this provision against the State which made such a reservation.
3. Any Contracting State which has made a reservation under the previous paragraph may at any time withdraw it by notifying the International Civil Aviation Organisation.
With the exception of the provisions of Article 24, no reservation may be made on this Convention.
The International Civil Aviation Organisation shall notify all Member States of the United Nations or any of its professional organisations:
(a) any signature of this Convention and its date;
(b) the deposit of each instrument of ratification or accession and its date;
(c) the date on which the Convention enters into force pursuant to Article 21 (1);
(d) the receipt of each notice of notice and its date;
(e) acceptance of any declaration or notification as provided for in Article 24 and its date.
To prove this, the undersigned Agents, who would be empowered to do so, shall sign this Convention.
In Tokyo, on the 14th September of the year of the 169th, the third in three original copies in English, French and Spanish.
This Convention shall be deposited with the International Civil Aviation Organisation, where it shall remain open for signature in accordance with the provisions of Article 19; that Organisation shall send certified copies to all Member States of the United Nations or to certain of its professional organisations.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 102 / 1984 Coll., on the Convention on Criminal Procedure and certain other acts committed on board aircraft |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.10.1984 |
|---|---|
| Effective from | 23.05.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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