Communication from the Ministry of Foreign Affairs No. 114 / 2024 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 114 / 2024 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 114 / 2024 Coll. is still valid and effective.

114

COMMUNICATION

Ministry of Foreign Affairs

on the negotiation of the Treaty on extradition between the Czech Republic and Australia

The Ministry of Foreign Affairs announces that on 17 February 2022 the Treaty on extradition between the Czech Republic and Australia was signed in Canberra.

The Parliament of the Czech Republic agreed to the Treaty and the President of the Republic ratified the Treaty.

Article 22 (1) of the Treaty shall enter into force on 1 July 2024.

The Czech version of the Treaty is hereby published at the same time.

Minister:

z. JUDr. Smolek, Ph.D., LL.M., v. r.

Head of Legal and Consular Section

TREATY ON ISSUING BETWEEN THE CZECH REPUBLIC

AND AUSTRALIA

the Czech Republic and Australia (hereinafter referred to as "the Contracting States'),

WELCOME to deepen and facilitate their legal relations and wish to contribute to the repression of crime.

HAVE AGREED AS FOLLOWS:

OBLIGATIONS TO ISSUE

The Contracting States shall undertake, in accordance with the provisions and conditions laid down in this Treaty, to issue to each other persons against whom the competent authorities of the requesting State have prosecuted for an offence subject to extradition or which are required by those authorities to impose or enforce a penalty for an offence subject to extradition.

CRITICAL ACTIVITIES SUBJECT TO ISSUE

1. For the purposes of this Treaty, extradition offences shall mean offences for which a custodial sentence of at least one year may be imposed under the laws of both Contracting States, or a more severe sentence, under the laws of both Contracting States. Where an application for extradition is made by a person who has been found guilty of such a criminal offence and whose extradition is requested for the execution of a custodial sentence, the extradition shall be granted only if there is at least six months remaining from such a sentence.

2. Where a request for extradition includes several separate offences, each of which may be subject to a custodial sentence under the law of both the requesting State and the requested State, but one of which does not comply with the condition of a legally imposed or outstanding sentence, the requested State may also authorise the extradition of such offences in accordance with its own law.

3. For the purposes of this Article, in determining whether an act is a criminal offence under the laws of both Contracting States:

(a) it does not matter whether the laws of the Contracting States assess acts or omissions fulfilling the characteristics of the offence within the same category of offences or indicate the offence by the same terminology; and

(b) account must be taken of the conduct and omission attributed to the person whose extradition is sought as a whole, irrespective of whether, under the laws of the Contracting States, the nature of the offence differs.

4. Where a person is requested to be issued for an offence against tax, customs, foreign exchange control or other fiscal matters, extradition cannot be refused on the grounds that the law of the requested State does not impose the same kind of tax or charge or does not have the same tax, tax, customs or foreign exchange arrangements as the law of the requesting State.

5. Where the offence for which extradition is sought has been committed outside the territory of the requesting State, extradition may be refused where the law of the requested State does not permit prosecution for the same category of offences committed outside the territory of the latter State.

6. Issue shall be granted in accordance with the provisions of this Treaty, irrespective of when the offence for which extradition is sought has been committed if:

(a) the conduct or omission for which extradition is sought fulfils the characteristics of the offence in the requesting State at the time when the act or omission took place, which fulfils the characteristics of the offence; and

(b) the alleged conduct or omission, if it would have occurred in the territory of the requested State at the time of receipt of the request for extradition, would constitute the substance of the offence under the applicable legal order of that State.

IMPORTANT EXEMPTIONS FROM ISSUES

The issue shall not be authorised under the following circumstances:

(a) where the offence for which extradition is sought is considered by the requested State as a political offence. No offence shall be regarded as a political offence in respect of which the Contracting States have taken or have undertaken an obligation to establish their competence or to issue under international agreements to which the two Contracting States are parties;

(b) where there is a legitimate reason to believe that a request for extradition has been made for the purpose of prosecuting or punishing a person for his or her race, language, ethnic origin, sex, religion, nationality, political opinion or other status, or that the position of that person would give rise to bias for any of those reasons;

(c) if the offence for which extradition is sought is considered by the requested State as a military offence which is not a general offence under the law of the requested State;

(d) where, under the law of that State, a person in the requested State has been definitively acquitted of the offence for which extradition is sought, has been granted a pardon or amnesty or has been sentenced or has been remitted;

(e) where the offence for which extradition is sought may be punishable under the law of the requesting State, unless that State provides guarantees which the requested State considers sufficient that the death penalty will not be imposed or, if it has been imposed, it will not be enforced; or

(f) if the requested State has substantial grounds to believe that the person whose extradition is sought could be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State.

Issue of citizens

1. Contracting States may refuse to issue their own citizens.

2. If the requested State refuses to extradite its citizen, it shall, at the request of the requesting State, forward the matter to its competent authorities so that they can prosecute where deemed appropriate.

EXEMPTIONS FROM ISSUES RELATING TO FREE CONSIDERATION

The issue may be refused in any of the following circumstances:

(a) where the offence for which extradition is sought is deemed to have been committed in whole or in part in the territory of that State under the law of the requested State;

(b) where criminal proceedings against the person for whom extradition is sought are carried out in the requested State;

(c) if, taking into account the nature of the offence and the interests of the requesting State, the requested State considers that, in view of the circumstances of the case, its health, age or other personal circumstances, extradition would be unfair or excessive;

(d) where the criminal prosecution or enforcement of a penalty for an offence for which extradition is sought would be suspended under the law of the requested State;

(e) where the person whose extradition is sought has been sentenced in the requesting State by an exceptional or, in the case in point, by a court or tribunal, or would be subject to the jurisdiction of that court in that State;

(f) if the requested person is present in the requested State as a result of a third State extradition and any consent by that third State to further extradition, if necessary, has been refused; or

(g) where the competent authorities of the requested State have decided either to terminate or not to initiate proceedings against a person for an offence for which extradition is sought.

METHOD AND LANGUAGE

1. Each Contracting State shall designate a central authority for the purposes of this Treaty. The Central Authority for the Czech Republic will be the Ministry of Justice and the Central Authority for Australia will be the Ministry of Justice. The Contracting States shall notify each other in writing of the amendment to their Central Authority.

2. Requests for extradition shall be transmitted directly between the central authorities, even if diplomatic contact is not excluded.

3. Requests for extradition and necessary documents, including supplementary information required under Article 8, shall be made out in the official language of the requested State or shall be translated into it and verified in accordance with paragraph 5 of Article 7.

REQUEST FOR ISSUES AND REVENUE

1. The request for extradition shall be made in writing and shall be accompanied by:

(a) the information necessary to determine the identity and citizenship of the requested person including, where possible, photographs and fingerprints, and any other relevant information which may help to identify the person;

(b) information on the place of residence of the person and his residence, if known;

(c) details of the facts relating to the conduct or omission to fulfil the characteristics of each offence for which extradition is sought;

(d) a description of each offence for which extradition is sought;

(e) the text of the laws governing each offence and describing the penalty which may be imposed; and

(f) an indication of any applicable limitation clause.

2. Where a request for extradition relates to a person who has not yet been convicted, the arrest warrant or the extradition order issued by a judge or other competent authority of the requesting State shall accompany it.

3. Where an application for extradition is made to a person who has been recognised as guilty, the application shall be accompanied by:

(a) proof of the decision on the guilt, the sentence imposed, and an indication of the extent to which the sentence was not executed; and

(b) where a person has been convicted in absentia - the text of the legislation describing any legal remedies to challenge the conviction, and judicial or other evidence authorising the detention of a person, or a copy of such document.

4. The issue of a person may be authorised in accordance with the provisions of this Treaty to the extent resulting from the legal order of the requested State, without meeting the requirements referred to in paragraph 1 of this Article, provided that the requested person agrees to the issue.

5. For the purposes of this Treaty, a document shall be authenticated if it is signed or authenticated by a State official of the requesting State and bearing an official stamp of the Minister or Ministry of the requesting State.

6. The document attached to the extradition request shall be accepted in an extradition procedure in the territory of the requested State, if verified.

ADDITIONAL INFORMATION

1. If the requested State considers that the information contained in the documents of the extradition request is insufficient to permit extradition in accordance with this Treaty, it may request the requesting State to provide it with additional information within a time limit set by the requesting State. The requested State may, in exceptional cases, extend the period provided for, after considering the circumstances submitted by the requesting State.

2. Where the person to whom extradition is requested is in custody for the offence for which extradition is sought and the additional information provided is not sufficient in accordance with this Treaty or has not been received within the prescribed period, that person may be released from that detention. The release shall not preclude the continuation of the extradition procedure where the information is submitted retrospectively or where necessary a new application.

3. Where a person is released from custody in accordance with paragraph 2 of this Article, the requested State shall inform the requesting State as soon as possible.

PRELIMINARY BUSINESS FOR THE PURPOSE OF ISSUING

1. A Contracting State may, in urgent cases prior to the submission of an extradition request, request, through the International Criminal Police Organisation (INTERPOL), diplomatic channels or directly between the central authorities, a provisional link between the requested person and that the extradition request be followed. The request for provisional detention shall be made in writing and may be sent by any means, including electronic means.

2. The application shall contain:

(a) a description of the person requested including, where possible, photographs and fingerprints and any other relevant information which may help to identify the person;

(b) information on the place of residence of the person and his residence, if known;

(c) a brief summary of the conduct or omission to fulfil the characteristics of each offence for which extradition is sought;

(d) a description of each offence for which extradition is sought and an indication of the penalty which may or may have been imposed for each offence;

(e) an arrest warrant or a deprivation order or proof of guilt concerning the requested person;

(f) a statement that the request for extradition will be followed; and

(g) information relating to the grounds of urgency of the case.

3. The requested State shall, after receiving such a request, take the necessary steps to take the requested person into custody. The requesting State shall be promptly informed of the outcome of its request, including an indication of any time and place of arrest.

4. A person who has been taken into custody following such a request may be admitted to freedom 60 days after the date of his arrest if the requested State has not received a request for extradition supported by the documents referred to in Article 7.

5. If a person is released from custody, the requested State shall inform the requesting State as soon as possible.

6. The release of a person referred to in paragraph 4 of this Article shall not prevent the initiation of an extradition procedure if the request is received at a later date.

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1. If a requested State receives a request for extradition from two or more States, it shall decide to which of those States it issues a person and inform those States of its decision.

2. When deciding to which State a person is to be issued, the requested State shall consider all relevant circumstances, in particular:

(a) the ratio of the severity of the offences where applications relate to different offences;

(b) the time and place of each offence;

(c) the dates of receipt of the applications;

(d) citizenship of a person;

(e) the usual place of residence of the person; and

(f) the possibility of further extradition to another State.

NOTIFICATION OF THE DECISION

The requested State shall immediately inform the requesting State of its decision on the request for extradition as soon as it has been made and justify any total or partial refusal of extradition.

TRANSFER OR TEMPORARY TRANSFER

1. The requested State may postpone the transfer of a person on the ground of the opening of the criminal prosecution of that person, or that person may carry out a penalty imposed for an offence based on an act or omission other than that for which extradition is sought. In such a case, the requested State shall notify the requesting State.

2. If, on the basis of a medical report from the competent medical institution in the requested State, the requested person cannot be transported from the requested State to the requesting State without seriously endangering his or her life with a severe illness, the transfer of the person shall be postponed until the danger has been adequately mitigated in accordance with the medical report of the relevant medical establishment.

3. Where a person is in custody or is punishable in the territory of the requested State for an offence based on an act or omission other than that for which extradition is sought, the requested State may temporarily transfer the person to the requesting State in order to be prosecuted for the offence for which extradition is sought. The person so transmitted shall be held in custody in the requesting State and returned to the requested State after his or her prosecution in accordance with the written conditions laid down by the Contracting States.

TRANSMISSION

1. The requested State shall, upon authorisation of extradition, transmit the person in the place where he or she leaves its territory and which complies with the requesting State and shall, upon request, notify that State of the period during which the requested person has been detained for the purpose of its transmission.

2. The requesting State shall remove the person from the territory of the requested State within a time limit set by the requested State. If a person is not removed within that period, the requested State may release that person from custody and refuse to issue him for the same offence.

3. If unforeseen circumstances prevent the Contracting State from transmitting or exporting the person to be issued, it shall notify the other Contracting State. The two Contracting States shall then agree between each other a new date of transmission and the provisions of paragraph 2 of this Article shall apply.

RESULT OF THE PRESENT PROCEDURE

The requesting State shall inform the requested State, at its request, of the outcome of the criminal proceedings following extradition.

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1. Where extradition has been authorised and requested by the requesting State, the requested State shall, in accordance with its own law and with regard to the rights of third parties to be properly respected, transmit all the property found in the requested State which has been obtained by a criminal offence or which may be required as evidence.

2. In accordance with paragraph 1 of this Article, the abovementioned property may be transferred to that State at the request of the requesting State, even if extradition cannot be effected.

3. Where the law of the requested State or of the rights of third parties so requires, all cases so forwarded shall be returned free of charge to the requested State if that State so requests.

PRINCIPLE OF SPECIFICITY

1. With the exception of paragraph 3 of this Article, a person issued under this Treaty shall not be detained or tried or otherwise restricted to his or her personal freedom in the territory of the requesting State for a criminal offence committed before surrender other than:

(a) the offence for which extradition has been granted;

(b) any other offence subject to extradition which may be decided on the basis of the same facts, provided that the offence may be punishable by the same or a lesser penalty than that for which extradition has been granted; or

(c) any other offence subject to extradition if the requested State so agrees.

2. For the purposes of paragraph 1 (c) of this Article:

(a) the requested State may require the documents referred to in paragraph 1 of Article 7; and

(b) where a declaration issued by a person for an offence is available, that declaration shall be sent to the requested State.

3. Paragraph 1 of this Article shall not apply where a person has had the opportunity to leave the requesting State and has not done so within 45 days of release for the offence for which he or she has been issued or if that person has voluntarily returned to the territory of the requesting State after his or her departure.

ISSUE TO THIRD STATE

1. Where a person has been transferred by the requested State to the requesting State, the requesting State shall not extradite that person to a third State for an offence committed prior to its surrender if:

(a) the requested State does not consent to such extradition;

(b) if the person has been able to leave the requesting State and has not so acted within 45 days of his release for the offence for which he has been transferred by the requested State; or

(c) if it has voluntarily returned to the territory of the requesting State after it has been abandoned.

2. Before granting the consent referred to in paragraph 1 (a) of this Article, the requested State may request the submission of the documents referred to in paragraph 1 of Article 7.

TRANSPORT

1. Where a person is to be extradited to a Contracting State from a third State through the territory of the other Contracting State, the Contracting State to which the person is to be extradited shall request the other Contracting State to permit the transit of that person through its territory. An application for transit may be made through the International Criminal Police Organisation (INTERPOL) or directly between central authorities. The request shall be submitted in writing and transmitted by any means, including electronic means. When using air transport without intention of landing, the request for transit shall not be required.

2. The requested State shall, upon receipt of a request containing the information requested by it, deal with that request under its law.

3. The transit authorisation shall include, in accordance with the law of the requested State, the authorisation for the person to be held in custody during transit.

4. In the event of an unscheduled landing, the State of transit may, at the request of the escorting official, hold a person in custody for 96 hours prior to the application for transit under this Article.

5. The Contracting State to which the issue is made shall reimburse the State of transit, at its request, of all costs incurred by that State in connection with the carriage.

COSTS

1. The requested State shall take all necessary measures and bear all costs associated with the request for extradition and otherwise represent the interests of the requesting State.

2. The requested State shall bear the costs incurred on its territory in the arrest of the person for whom extradition is sought and the holding of that person in custody until such time as it is transmitted to the requesting State.

3. The requesting State shall bear the costs incurred in transporting a person from the territory of the requested State.

RELATIONS TO OTHER CONTRACTS

This Treaty shall not affect the rights and obligations arising from other international agreements to which both Contracting States are Contracting Parties.

CONSULTATION

The central authorities may consult each other on the handling of individual cases as well as on the respect and improvement of procedures for the implementation of this Treaty.

Entry into force and termination

1. This Treaty shall be subject to approval in accordance with the national law of both Contracting States. Each Contracting State shall inform the other State by a diplomatic note that the national legislation for the entry into force of this Treaty has been complied with. This Treaty shall enter into force on the first day of the third month following the date of receipt of the later note.

2. This Treaty shall apply only to applications received after its entry into force and shall apply even if the relevant negotiations and omissions took place before it entered into force.

3. Any Contracting State may at any time terminate this Treaty by a diplomatic note addressed to the other State. The contract shall expire six months after the date of receipt of the note. Applications submitted before the termination of the contract shall be dealt with in accordance with the contract if they are not completed at the date of expiry of the contract.

In order to prove the signature below, duly authorised to do so, they signed this contract.

Done in duplicate in Canberra on the 17th day of February, two thousand twenty-two, each in the Czech and English languages, the two texts being equally authentic.

THE CZECH REPUBLIC,

Tomáš Dub v. r.

Exceptional and authorised

Ambassador

Czech Republic in Australia

_

Senator Michaelia Cash v. r.

Prosecutor General

and Minister for Labour Relations

Citation	Communication from the Ministry of Foreign Affairs No. 114 / 2024 Coll., on the negotiation of the Treaty on extradition between the Czech Republic and Australia
Regulation Type	International Treaty
Author	-
Collection	Code of Laws

Date of Promulgation	07.05.2024
Effective from	01.07.2024
Effective until	-
Status	Valid

Communication from the Ministry of Foreign Affairs on the negotiation of the extradition treaty between the Czech Republic and Australia

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