Decree of the Minister for Foreign Affairs No. 131 / 1978 Coll.
Decree of the Minister for Foreign Affairs on the Convention for the Prevention and Punishment of Crimes against Persons enjoying International Protection, including diplomatic representatives
Valid
Effective from 20.02.1977
131
DECLARATION
Minister for Foreign Affairs
of 4 October 1978
concerning the Convention on the prevention and punishment of crimes against persons enjoying international protection, including diplomatic representatives
On 14 December 1973, the Convention on the Prevention and Punishment of Crimes against Persons enjoying International Protection, including diplomatic representatives, was opened for signature in New York.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 11 October 1974.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic on 17 December 1974. The President of the Republic has ratified the Convention with a statement that the Czechoslovak Socialist Republic is not considered to be bound by the provisions of Article 13 (1) of the Convention and that, in accordance with the principle of sovereign equality, the consent of all parties in the dispute is necessary for the submission of each individual dispute to arbitration proceedings or to the International Court of Justice.
The Convention entered into force on 20 February 1977 on the basis of its Article 17 (1) and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the text of the Convention is announced simultaneously.
First Deputy Minister:
Krajčir v. r.
CONVENTION
on the prevention and punishment of crimes against persons enjoying international protection, including diplomatic agents
States Parties to this Convention,
having regard to the objectives and principles of the United Nations Charter on the maintenance of world peace and the promotion of friendly relations and cooperation between states,
Taking into account that crimes against diplomatic representatives and other beneficiaries of international protection, threatening the safety of such persons, constitute a serious threat to the maintenance of normal international relations necessary for cooperation between States,
convinced that the commission of such offences raises serious concern for the international community,
convinced of the urgent need to take appropriate and effective measures to prevent and punish such offences,
agree on the following:
For the purposes of this Convention:
1. "Person enjoying international protection" shall be:
(a) the Head of State, including any member of a collective body exercising the functions of Head of State, Head of Government or Minister of Foreign Affairs in accordance with the Constitution of the State concerned, whenever they are in a foreign State, as well as members of their family accompanying them;
(b) a representative or official person of a State, or an official or other representative of an international organisation of an intergovernmental nature, who, at the time and at the place of the crime against him, his official offices, his private residence or his means of transport, is entitled, in accordance with international law, to enjoy special protection against any attack against his personality, liberty or dignity, as well as members of his family living with him in his household.
2. The "suspected offender" shall be the person against whom there is sufficient evidence to establish prima facie that he or she has committed or participated in the commission of one or more of the offences referred to in Article 2.
1. Intentionally committed:
(a) the murder, abduction or other attack against the person enjoying international protection;
(b) a violent attack against official rooms, private homes or means of transport of a person enjoying international protection who may endanger his or her personality or freedom;
(c) the threat of any such attack;
(d) attempted any such attack;
(e) an act representing participation in any such attack
shall be regarded by each Contracting State as a criminal offence in accordance with its national legislation.
2. Each Contracting State shall lay down adequate penalties for such offences, taking into account their serious nature.
3. Paragraph 1 and paragraph 2 of this Article shall in no way deprive Contracting States of obligations under international law to take all appropriate measures to prevent other attacks against the personality, freedom or dignity of persons enjoying international protection.
1. Each Contracting State shall take the necessary measures to exercise its jurisdiction over the offences referred to in Article 2 in the following cases:
(a) where the offence is committed on the territory of that State or on board a ship or aircraft registered in that State;
(b) if the alleged offender is a national of that State;
(c) where the offence is committed against a beneficiary of international protection within the meaning of Article 1 who has such a position in relation to the functions he carries out on behalf of that State.
2. Each Contracting State shall take the necessary measures, mutatis mutandis, to establish its jurisdiction over such offences in cases where the alleged offender is located in its territory and is not issued in accordance with Article 8 to one of the States referred to in paragraph 1 of this Article.
3. This Convention shall not exclude other criminal jurisdiction exercised in accordance with national law.
The Contracting States shall cooperate in order to prevent the offences referred to in Article 2 in particular:
(a) taking all practical measures to prevent the preparation in their territory of such offences in or outside their territory;
(b) by exchanging information and coordinating appropriate administrative and other measures to prevent such offences from being committed.
1. A Contracting State within the territory of which one of the offences referred to in Article 2 has been committed, if it has reason to assume that the alleged offender has left its territory, shall notify all other interested States, either directly or through the Secretary-General of the United Nations, of all possible information relating to the offence committed and any available information concerning the identity of the suspected offender.
2. In the event of any offence referred to in Article 2 being committed against a person enjoying international protection, any Contracting State having information relating to the victim and the circumstances of the offence shall make every effort to provide it, under the conditions laid down by national law, to the full and without delay to the Contracting State on whose behalf the person has performed his functions.
1. On the basis of the conviction that circumstances so require, the Contracting State in whose territory the alleged offender is located shall, in accordance with its national legislation, take appropriate measures to ensure the presence of the alleged offender for the purpose of prosecution or extradition. It shall immediately inform, directly or through the Secretary-General of the United Nations, of such measures:
(a) the State in whose territory the offence has been committed;
(b) the State or other States of which the alleged perpetrator is a national or, if he is homeless, the State in whose territory he resides;
(c) a State or States whose national is a beneficiary of international protection or on whose behalf it has performed its functions;
(d) all other States concerned;
(e) an international organisation whose official or representative is a beneficiary of international protection.
2. Any person against whom the measures referred to in paragraph 1 of this Article are taken shall be allowed to:
(a) to contact without delay the nearest appropriate representative of the State of which he is a national or who is otherwise entitled to protect his or her rights, or if he or she is a homeless person to whom he or she is applying and who is willing to protect his or her rights;
(b) to be visited by a representative of that State.
The Contracting State in whose territory the alleged perpetrator is located, in the event that he does not issue it, shall transmit the case without any exceptions and unjustified delay to the competent authorities for criminal prosecution under his own legislation.
1. If the offences referred to in Article 2 are not included in any existing extradition agreement between the Contracting States, they shall be considered as such in the contract. The Contracting States undertake to include such offences in any extradition contract concluded between them.
2. If a Contracting State which is bound by the existence of a contract is requested to issue an offender by another Contracting State with which it does not have a extradition agreement, it may, if it decides to issue, consider this Convention as a legal basis for extradition taking account of such offences. The publication shall take place in accordance with the procedural provisions and other conditions of the legislature of the State which has been requested to issue.
3. Contracting States which do not consider extradition to be the existence of a contract shall consider such offences among themselves as those subject to extradition under the procedural provisions and other conditions of the legislature of the State which has been applied for.
4. For the purpose of extradition, any such offence shall be considered by the Contracting States as having been committed not only in the place where it was committed, but also in the territory of the States which are to determine their jurisdiction in accordance with paragraph 1 of Article 3.
Any person in respect of whom legal proceedings are conducted in respect of one of the offences referred to in Article 2 shall be guaranteed a fair hearing at all stages of the proceedings.
1. The Contracting States shall assist each other as far as possible in connection with criminal proceedings conducted in connection with the offences referred to in Article 2, including the provision of all evidence at their disposal and necessary for criminal proceedings.
2. The provisions of paragraph 1 of this Article shall not affect obligations relating to mutual legal assistance provided for in any other contract.
The Contracting State in which the alleged offender is prosecuted shall notify the outcome of the proceedings to the Secretary-General of the United Nations, who shall forward the information to the other Contracting States.
The provisions of this Convention shall be without prejudice to the implementation of the asylum treaties in force at the time of the adoption of this Convention between the States Parties; However, a Contracting Party to this Convention may not invoke such agreements in relation to another Contracting Party to this Convention which is not a Party to those Treaties.
1. Any dispute between two or more Contracting States concerning the interpretation or implementation of this Convention which is not settled by negotiation shall be referred to arbitration proceedings at the request of one of them. If, within six months of the date of application for arbitration, the Parties have not agreed on the organisation of arbitration, the dispute may be referred to the International Court of Justice, at the request of either Party, in accordance with the Statute of the Court of Justice.
2. Any Contracting State may, when signing or ratifying this Convention or accessing it, make a reservation that it does not feel bound by paragraph 1 of this Article. The other Contracting States shall not be bound by paragraph 1 of this Article in respect of any Contracting State which has made such a reservation.
3. Any Contracting State which has made a reservation pursuant to paragraph 2 of this Article may at any time withdraw such reservation by notifying the Secretary-General of the United Nations.
This Convention shall be open for signature by 31 December 1974 at the United Nations headquarters in New York.
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall be open to access by each State. The instruments of access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 30th day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to the Convention after the deposit of the 22nd instrument of ratification or accession, the Convention shall enter into force on the 30th day following the deposit of its instrument of ratification or accession.
1. A Contracting State may terminate this Convention by written notification to the Secretary-General of the United Nations.
2. The denunciation shall take effect six months after the date on which the United Nations Secretary-General receives the notification.
The Secretary-General of the United Nations shall inform all States, inter alia:
(a) the signatures of this Convention and the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16 and the notification made in accordance with Article 18;
(b) the date on which this Convention enters into force in accordance with Article 17.
The original of this Convention, the English, Chinese, French, Russian and Spanish texts of which are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to all States.
In order to prove the signature below, duly authorised by their governments, they signed this Convention, open for signature in New York on 14 December 1973.
UN Regulation No 3166 (XXVIII)
CONVENTION
on the prevention and punishment of crimes against persons enjoying international protection, including diplomatic agents
General Assembly
Considering that the codification and progressive development of international law contribute to the achievement of the objectives and principles set out in Article 1 and 2 of the United Nations Charter,
Recalling that, in response to the call made by the General Assembly in Resolution 2780 (XXVI) of 3 December 1971, the Commission on International Law addressed the issue of the protection and integrity of diplomatic representatives and other persons enjoying special protection under international law at its 22nd session and prepared draft articles on the prevention and punishment of crimes against such persons,
having examined the draft articles and also the opinions and comments submitted by States, expert organisations and other intergovernmental organisations in response to the call made by the General Assembly in Resolution 2926 (XXVII) of 28 November 1972,
Convinced of the importance of ensuring an international agreement on appropriate and effective measures to prevent and punish criminal offences against diplomatic agents and other beneficiaries of international protection, taking into account the serious threat posed by such acts, maintaining and consolidating friendly relations and cooperation between States,
draw up for this purpose the provisions contained in the Convention annexed to this Resolution,
1. Adopt the Convention on the Prevention and Punishment of Crimes against Persons enjoying International Protection, including diplomatic representatives, annexed to this Resolution;
2. Reiterates the great importance of international law rules on integrity and special protection to be granted to beneficiaries of international protection and the obligations of States in this context;
3. Considers that the attached Convention will enable the States to implement their commitments more effectively;
4. Recognises also that the provisions of the attached Convention cannot in any way prejudice the exercise of legal rights to self-determination and independence in accordance with the objectives and principles of the Charter of the United Nations and the Declaration of International Law on Friendly Relations and Cooperation between States in accordance with the Charter of the United Nations, nations fighting against colonialism, foreign lands, foreign occupation, racial discrimination and apartheid;
5. Calls on States to become Parties to the attached Convention;
6. Provides that these resolutions, the provisions of which relate to the attached Convention, will always be published together with it.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 131 / 1978 Coll., on the Convention for the Prevention and Punishment of Crimes against Persons enjoying International Protection, including Diplomatic Representatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.11.1978 |
|---|---|
| Effective from | 20.02.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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