Decree of the Minister for Foreign Affairs No. 16 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Convention for the Suppression of Illegal Acts to the Safety of Civil Aviation
Valid
Effective from 09.09.1973
16
DECLARATION
Minister for Foreign Affairs
of 27 December 1973
concerning the Convention on the Suppression of Illegal Acts Against Civil Aviation Security
On 23 September 1971, the Convention on the Suppression of Illegal Acts to the Safety of Civil Aviation was negotiated in Montreal. The Convention was signed on behalf of the Czechoslovak Socialist Republic on 23 September 1971, subject to Article 14 (1) thereof.
The Convention has been approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic, subject to Article 14 (1). The Czechoslovak instrument of ratification was deposited with the governments of the Union of Soviet Socialist Republics, Great Britain and Northern Ireland and the United States of America on 10 August 1973.
Pursuant to Article 15 of the Convention, the Convention entered into force on 26 January 1973 and for the Czechoslovak Socialist Republic on 9 September 1973.
The Czech translation of the Convention is being announced simultaneously.
First Deputy Minister:
Krajčir v. r.
CONVENTION
on the suppression of unlawful acts threatening civil aviation safety
States Parties to this Convention,
Recognising that illegal acts against civil aviation safety threaten the safety of persons and property, have serious consequences for the operation of air services and undermine the trust of world nations in civil aviation security,
Recognising that the occurrence of such acts leads to serious concern,
Recognising that appropriate measures to punish the perpetrator are urgently needed to prevent such acts,
agree on the following:
1. A criminal offence shall be committed by a person who, illegally and intentionally:
(a) commit an act of violence against a person on board an aircraft in flight where such act may jeopardise the safety of that aircraft; or
(b) destroy an aircraft in service or cause damage to an aircraft which makes it incapacitated or which may compromise its safety in flight; or
(c) place or have in service on an aircraft, by any means, equipment or object which may destroy or cause damage to that aircraft, which will render it unfit for flight, or cause damage to it which may compromise its safety in flight; or
(d) destroy or damage equipment serving the control of air traffic or interfere with its operation if any such act may jeopardise the safety of aircraft in flight; or
(e) communicate information known to be false, thereby endangering the safety of the aircraft in flight.
2. A person shall also commit the offence if:
(a) attempt to commit any of the offences referred to in paragraph 1 of this Article;
(b) is associated with a person who commits or attempts to commit any such offence.
For the purposes of this Convention:
(a) an aircraft per aircraft in flight at any time from the time when all its external doors are closed after loading and boarding of passengers until any of these doors are opened for unloading and unloading; in the event of an emergency landing, the flight shall be deemed to be continuing until the competent authorities take responsibility for the aircraft and for persons and property on board;
(b) an aircraft in service during the period from the start of pre-flight preparation by ground crew or crew for a particular flight up to 24 hours after any landing; in any case, the in-service period shall cover the entire period during which the aircraft is in flight as provided for in paragraph (a) of this Article.
Each Contracting State shall undertake to impose strict penalties for the offences referred to in Article 1.
1. This Convention shall not apply to aircraft used for military, customs or police purposes.
2. In the cases referred to in points (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether an aircraft carries out an international or national flight only if:
(a) the place of take-off or landing of the aircraft, whether actual or intended, is located outside the territory of the State of registration of that aircraft;
(b) the offence was committed in the territory of a State other than the State of registration of the aircraft.
3. Notwithstanding paragraph 2 of this Article, in the cases referred to in points (a), (b), (c) and (e) of Article 1 (1), this Convention shall apply where the offender or alleged offender is caught in the territory of a State other than that of registration of an aircraft.
4. In respect of the States referred to in Article 9 and in the cases referred to in points (a), (b), (c) and (e) (1) of Article 1, this Convention shall not apply where the sites referred to in point (a) (2) of this Article are situated in the territory of the same State where that State is one of the States referred to in Article 9, where the offence has not been committed or the offender or alleged offender has not been apprehended in the territory of a State other than that State.
5. In the cases referred to in point (d) (1) of Article 1, this Convention shall apply only if the equipment used for air traffic control is used in international air traffic.
6. Paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases referred to in paragraph 2 of Article 1.
1. Each Contracting State shall take the necessary measures to exercise its jurisdiction over criminal offences in the following cases:
(a) when the offence was committed in the territory of that State,
(b) when the offence was committed against an aircraft or on board an aircraft registered in that State;
(c) when an aircraft on which a criminal offence has been committed lands on its territory with an alleged offender still on board,
(d) where the offence has been committed against an aircraft or on board an aircraft leased unmanned by a lessee having its principal place of business in that State and where the lessee does not have such a commercial place of business, if he has his permanent residence there.
2. Each Contracting State shall take the necessary measures, mutatis mutandis, to exercise its jurisdiction over the offences referred to in Article 1 (1) (a), (b) and (c) and in Article 1 (2), where this paragraph applies to such offences where the alleged offender is in its territory and is not issued by that State pursuant to Article 8 to one of the States referred to in paragraph 1 of this Article.
3. This Convention shall not exclude criminal jurisdiction exercised in accordance with national law.
1. If any Contracting State in whose territory the offender or alleged offender is located is sufficiently convinced that the circumstances entitle him to do so, he shall take him into custody or take other measures to ensure that he is present. Binding and other measures will be governed by the laws of that State, but they can only last as long as is necessary to initiate criminal or extradition proceedings.
2. Such a State shall carry out an immediate preliminary examination of the facts.
3. Any person in custody pursuant to paragraph 1 of this Article shall be allowed to immediately contact the nearest competent representative of the State of which he is a national.
4. Where, in accordance with this Article, a State takes a person into custody, it shall immediately inform the States referred to in Article 5 (1) of the State of which such person is a national - and, if it considers it appropriate - of the fact that any other interested State is in custody and of the circumstances justifying his or her detention. The State conducting the preliminary investigation referred to in paragraph 2 of this Article shall immediately communicate its findings to those States and indicate whether it intends to exercise jurisdiction.
The Contracting State in whose territory the alleged offender is identified will be obliged to refer the case to the competent authorities for the purpose of criminal prosecution unless he issues it without any exception and whether or not the offence has been committed in its territory. Those authorities shall decide in the same way as in any other serious offence under the law of that State.
1. The offences shall be considered to be covered by any extradition agreement that exists between the Contracting States as subject to extradition. The Contracting States undertake to include offences as extradition offences in any extradition agreement concluded between them.
2. If a Contracting State which is bound by the existence of a contract is requested by another Contracting State with which it has no extradition agreement, to issue an offender, it may, as its consideration, consider this Convention as a legal basis for extradition for offences. The extradition of the offender shall be subject to the other conditions laid down in the law of the State which has been requested to issue.
3. Contracting States which do not bind the extradition of the perpetrator to the existence of a contract shall recognise among themselves the offences which are subject to extradition under the conditions laid down by the law of the State which has been applied for.
4. For the purposes of extradition between the Contracting States, each offence shall be considered as having been committed not only at the place where it occurred, but also in the territories of the States which are to exercise their jurisdiction in accordance with Article 5 (1) (b), (c) and (d).
Contracting States which establish joint air traffic organisations or international operational agencies operating aircraft subject to common or international registration shall designate among themselves, in an appropriate manner for each aircraft, a State which will exercise jurisdiction and will be a State of registration for the purpose of this Convention and shall inform the International Civil Aviation Organisation, which shall communicate this information to all States Party to this Convention.
1. The Contracting State shall endeavour, in accordance with international and national law, to take all practicable measures to prevent the offences referred to in Article 1.
2. Should any of the offences referred to in paragraph 1 result in a postponement or interruption of the flight, each Contracting State in which the aircraft or its passengers or crew are located shall allow passengers and crew to continue their journey as soon as possible and shall return the aircraft and its cargo to the persons entitled to ownership without delay.
1. The Contracting States shall provide each other as much as possible with assistance in connection with criminal proceedings initiated in criminal matters. The law of the State to which the application has been sent will apply in all cases.
2. The provisions of paragraph 1 of this Article shall not affect obligations under any other contract, bilateral or multilateral, which shall be governed or governed, in whole or in part, by mutual assistance in criminal matters.
Any Contracting State which legally considers that one of the offences referred to in paragraph 1 will be committed shall, in accordance with its national law, submit the necessary information at its disposal to those States which it considers to be the States referred to in Article 5 (1).
Each Contracting Party shall communicate to the Council in accordance with its national law: The International Civil Aviation Organisation shall, as soon as possible, provide any information relevant to the matter at its disposal:
(a) the circumstances of the offence;
(b) actions taken pursuant to Article 10 (2);
(c) actions taken against the perpetrator or alleged offender, and in particular the results of any extradition or other legal proceedings.
1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be resolved by negotiation shall be referred to arbitration proceedings at the request of one of them. If, within six months of the date of the request for arbitration, the Parties are unable to agree on the organisation of arbitration, either Party may refer the dispute to the International Court of Justice in accordance with the Statute of the International Court of Justice.
2. Any State may, when signing or ratifying this Convention or accessing it, declare that it is not considered to be bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph in relation to any Contracting State which has made such a reservation.
3. Any Contracting State which makes a reservation pursuant to the preceding paragraph may at any time withdraw that reservation by informing the Depositary Governments.
1. This Convention will be open for signature in Montreal on 23 September 1971 by States participating in the International Conference on Air Law, held in Montreal from 8 to 23 September 1971 (hereinafter the Montreal Conference). After 10 October 1971, the Convention will be open for signature to all states in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force pursuant to paragraph 3 of this Article may accede at any time.
2. This Convention shall be subject to ratification by the signatory States. The instruments of ratification and accession will be deposited with the governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, which are thus determined by the depository governments.
3. This Convention shall enter into force 30 days after the date of deposit of the instruments of ratification of the 10 signatory States of this Convention which took part in the Montreal Conference.
4. For other States, this Convention shall enter into force on the date of entry into force of this Convention pursuant to paragraph 3 of this Article or 30 days after the date of deposit of their instruments of ratification or accession, whichever is the later.
5. The depositary Governments shall immediately inform all signatory and acceding States of the date of each signature, of each deposit of instruments of ratification or accession, of the date of entry into force of this Convention and of other communications.
6. As soon as this Convention enters into force, it shall be registered by depository governments in accordance with Article 102 of the UN Charter and Article 83 of the Convention on International Civil Aviation (Chicago 1944).
1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.
2. The denunciation shall take effect six months after the date on which the depositary governments receive notification.
In evidence of the undersigned, duly authorised by their governments, have signed this Convention.
Dane in Montreal, the twenty-third of September, nineteenth hundred seventy-one, in three originals, each in four authentic texts in English, French, Russian and Spanish.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 16 / 1974 Coll., on the Convention on the Suppression of Illegal Acts to the Safety of Civil Aviation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.1974 |
|---|---|
| Effective from | 09.09.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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