List of declarations made with respect to treaty No. 196

Council of Europe Convention on the Prevention of Terrorism

Status as of: 22/12/2014

 

    Andorra :


Declaration contained in a Note verbale from the Permanent Representation of Andorra, dated 30 November 2010, registered at the Secretariat General on 6 December 2010 – Or. Fr.

The Principality of Andorra considers that, as long as it will not be a party to the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York, on 13 April 2005, the said Convention shall be deemed not to be included in the Appendix to the Council of Europe Convention on the Prevention of Terrorism in its application to Andorra.
Period covered: 6/12/2010 -      
The preceding statement concerns Article(s) : 1

 

    Azerbaijan :


Declaration handed over to the Secretary General by the Minister of Foreign Affairs of Azerbaijan at the time of signature of the instrument, on 16 May 2005 – Or. Engl. and confirmed in the instrument of ratification deposited on 4 April 2014 – Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guaranteethe implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia, until the liberation of those territories from the occupation (the schematic map of the occupied territories is available here).
Period covered: 1/8/2014 -      
The preceding statement concerns Article(s) : -

 

    Denmark :


Reservation contained in the instrument of ratication and in a letter from the Ministry for Foreign Affairs of Denmark, deposited on 24 April 2007 – Or. Engl.

In accordance with Article 20 (2) of the Convention, the Government of the Kingdom of Denmark declares that it reserves the right to not apply Article 20 (1) as far as extradition in respect of the offences referred to in Article 5, including Article 5 in relation to Article 9, is concerned.

[Note by the Secretariat: The Government of the Kingdom of Denmark has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 20 of the Convention)
- by a communication from the Permanent Representative of Denmark, dated 29 April 2010, registered at the Secretariat General on 29 April 2010 - Or. Engl. (Period covered: from 01/08/2010 to 01/08/2013).
- by a communication from the Permanent Representative of Denmark, dated 19 March 2013, registered at the Secretariat General on 19 March 2013 - Or. Engl. (Period covered: from 01/08/2013 to 01/08/2016).
See also the Communication dated 27 May 2010.]]
Period covered: 1/8/2007 -         
The preceding statement concerns Article(s) : 20


Declaration contained in the instrument of ratication and in a letter from the Ministry for Foreign Affairs of Denmark, deposited on 24 April 2007 – Or. Engl.

The Government of the Kingdom of Denmark declares that until further notice the Convention will not apply to the Feroe Islands and to Greenland.
Period covered: 1/8/2007 -         
The preceding statement concerns Article(s) : 25


Communication from the Acting Permanent Representative of Denmark, dated 27 May 2010, registered at the Secretariat General on 27 May 2010 and renewed on 19 March 2013 – Or. Engl.

In accordance with Article 20, paragraph 2, of the Convention, the Government of the Kingdom of Denmark declares that it upholds wholly its reservation made at the time of ratification of the Convention for the period of three years set out in Article 20, paragraph 5, of the Convention.

The Council of Europe Convention on the Prevention of Terrorism was implemented into Danish law by Act No. 542 of 8 June 2006 to amend the Criminal Code, the Administration of Justice Act and various other acts (strengthening efforts to combat terrorism, etc.).

In respect of reservations under Article 20 of the Convention, it appears from paragraph 9.4 of the general notes to the Bill that the Ministry of Justice found it most appropriate to make use of the right to make a reservation as regards the actions referred to in Article 5 and Article 9 read with Article 5 of the Convention on public provocation to commit a terrorist offence. The reason for this is that the subject matter of this offence is the perpetrator's expressions and that the assessment of them is related to the scope of the freedom of expression. In this connection, it is not deemed appropriate to preclude the Danish authorities in advance from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence in specific situations.

Based on this, the Government of the Kingdom of Denmark introduced the current section 5(4) of the Extradition Act, according to which extradition for an act covered by Article 5 or Article 9 read with Article 5 of the Council of Europe Convention on the Prevention of Terrorism may be refused in special situations, if the assessment is that the offence concerned was political. This provision means that the Danish authorities will not be precluded, based on a specific assessment, from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence, as well as, in such situations, the Danish authorities will not be precluded from refusing extradition for this reason alone.

On this background, and in accordance with Article 20 (5) and (6), the Government of the Kingdom of Denmark notified the Secretary General of the Council of Europe that it is upholding its reservation made in accordance with Article 20 (2).
Period covered: 27/5/2010 -      
The preceding statement concerns Article(s) : 20

 

    Hungary :


Declaration contained in a Note verbale from the Permanent Representation of Hungary, dated 3 october 2007, handed over to the Deputy Secretary General at the time of signature of the instrument, on 10 October 2007 – Or. Engl., and confirmed at the time of deposit of the instrument of ratification, on 21 March 2011 - Or. Engl.

In the context of public provocation to commit a terrorist offence under Article 5, paragraph 1, of the Convention, the Republic of Hungary interprets "danger" as "clear and present danger".
Period covered: 1/7/2011 -      
The preceding statement concerns Article(s) : 5

 

    Moldova :


Declaration contained in the instrument of ratification deposited on 13 May 2008 - Or. Engl.

In accordance with Article 25 of the Convention, the Republic of Moldova declares that, until the full re-establishment of its territorial integrity, the provisions of the Convention will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.
Period covered: 1/9/2008 -         
The preceding statement concerns Article(s) : 25


Declaration contained in the instrument of ratification deposited on 13 May 2008 - Or. Engl.

In accordance with Article 14, paragraph 2, of the Convention, the Republic of Moldova declares that the offences specified in Articles 5-7 and 9 of the Convention are going to be under its own jurisdiction in cases mentioned in Article 14, paragraph 2, of the Convention.
Period covered: 1/9/2008 -      
The preceding statement concerns Article(s) : 14

 

    Netherlands :


Declaration contained in the instrument of acceptance deposited on 22 July 2010 - Or. Engl.

The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe.
Period covered: 1/11/2010 -         
The preceding statement concerns Article(s) : -


Reservation contained in the instrument of acceptance deposited on 22 July 2010 - Or. Engl.

With due regard to Article 20, paragraph 2, of the Convention, the Kingdom of the Netherlands reserves the right to refuse to extradite an alleged offender for any of the offences referred to in Articles 5 to 7 and 9 of the Convention that are regarded as political offences or as offences connected with a political offence, where such offences do not relate to the offences described in the Conventions referred to under points 9 and 10 of the Appendix to the Convention.

[Note by the Secretariat: The Government of the Kingdom of the Netherlands has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 20 of the Convention), in a letter from the Permanent Representative of the Netherlands, dated 11 July 2013, registered at the Secretariat General on 16 July 2013 – Or. Engl. (Period coverred : from 1 November 2013 to 1 November 2016).]
Period covered: 1/11/2010 -         
The preceding statement concerns Article(s) : 20


Renewal of a reservation contained in a letter from the Permanent Representative of the Netherlands, dated 11 July 2013, registered at the Secretariat General on 16 July 2013 – Or. Engl.

In accordance with Article 20, paragraph 5, of the Convention, the Government of the Kingdom of the Netherlands declares that it upholds wholly for the Kingdom in Europe, for another period of three years, its reservation made at the time of ratification of the Convention.

The Government is of the opinion that the reservation should be renewed to ensure that an extradition request can be denied if, in a highly exceptional case, an independent court finds that the extradition request is a political offence. However, there will be no obligation to deny the extradition request.
Period covered: 16/7/2013 -      
The preceding statement concerns Article(s) : 20

 

    Norway :


Declaration contained in the instrument of ratification deposited on 1 February 2010 - Or. Engl.

In accordance with Article 1, paragraph 2, of the Convention, the Kingdom of Norway declares that, in the application of this Convention to Norway, the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York on 13 April 2005, shall be deemed not to be included in the Appendix.
Period covered: 1/6/2010 -      
The preceding statement concerns Article(s) : 1

 

    Russia :


Declaration contained in the instrument of ratification deposited on 19 May 2006 - Or. angl.

The Russian Federation declares that it shall have jurisdiction over the offences established in accordance with Articles 5 to 7 and 9 of the Convention in the cases envisaged in Article 14, paragraphs 1 and 2, of the Convention.
Period covered: 1/6/2007 -         
The preceding statement concerns Article(s) : 14


Declaration contained in the instrument of ratification deposited on 19 May 2006 - Or. angl.

The Russian Federation assumes that the provisions of Article 21 of the Convention shall be applied in such a way as to ensure inevitable liability for the commission of offences falling within the purview of the Convention, without prejudice to the effectiveness of international co-operation in extradition and legal assistance matters.
Period covered: 1/6/2007 -      
The preceding statement concerns Article(s) : 21

 

    Spain :


Declaration contained in the instrument of ratification deposited on 27 February 2009 - Or. Engl.

If the Council of Europe Convention on the Prevention of Terrorism were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
Period covered: 1/6/2009 -      
The preceding statement concerns Article(s) : -

 

    Sweden :


Declaration contained in the instrument of ratification deposited on 30 August 2010 - Or. Engl.

Sweden declares that the International Convention for the Suppression of Acts of Nuclear Terrorism, which is listed in the Appendix to the Convention and to which Sweden is not a Party, shall be deemed not to be included in the Appendix in relation to Sweden (Article 1, paragraph 2).
Period covered: 1/12/2010 -         
The preceding statement concerns Article(s) : 1


Reservation contained in the instrument of ratification deposited on 30 August 2010 - Or. Engl.

Sweden reserves the right to, in relation to other States than the Member States of the European Union and Norway and Iceland, as a ground to refuse a request for extradition, invoke that the offence referred to in the request concerns a political offence, an offence connected with a political offence or an offence inspired by political motives (Article 20, paragraphs 1 and 2)

>[Note by the Secretariat : The Government of Sweden has informed the Secretary General of its intention to uphold this reservation, wholly, for a period of three years, in a letter from the Minister for International Development Cooperation, Ministry for Foreign Affairs of Sweden, dated 24 June 2013, registered at the Secretariat General on 10 July 2013 – Or. Engl. (Article 20, paragraph 5, of the Convention) - (Period covered: from 01/12/2013 to 01/12/2016)
Period covered: 1/12/2010 -      
The preceding statement concerns Article(s) : 20

 

    Turkey :


Declaration contained in a letter from the Permanent Representative of Turkey handed over to the Deputy Secretary General at the time of signature of the instrument, on 19 January 2006 - Or. Engl. and confirmed in a letter from the Permanent Representative of Turkey desposited with the intrument of ratification on 23 March 2012 - Or. Engl.

The Republic of Turkey declares that Article 19 of the Convention should not be interpreted in such a way that offenders of these crimes referred to in the Convention are neither tried nor prosecuted.
Period covered: 1/7/2012 -         
The preceding statement concerns Article(s) : 19


Declaration contained in a letter from the Permanent Representative of Turkey handed over to the Deputy Secretary General at the time of signature of the instrument, on 19 January 2006 - Or. Engl. and confirmed in a letter from the Permanent Representative of Turkey desposited with the intrument of ratification on 23 March 2012 - Or. Engl.

The Republic of Turkey declares its understanding that the term "international humanitarian law" in Article 26 of the Convention refers to international legal instruments to which Turkey is already Party to.

The Republic of Turkey declares that the application of the first part of paragraph 5 of Article 26 of the Convention does not necessarily indicate the existence of an armed conflict and the term "armed conflict" describes a situation different from the commitment of acts, whether organised or not, that constitute the crime of terrorism within the scope of criminal law, and the first part of paragraph 5 of Article 26 should not be interpreted as giving a different status to the armed forces and groups other than the armed forces of a State as currently understood and applied in international law and thereby as creating new obligations for Turkey.

The Republic of Turkey further declares that the application or interpretation of paragraph 4 of Article 26 should be in accordance with obligations of States under international refugee law which include, inter alia, the responsibility to ensure that the institution of asylum is not abused by persons who are responsible for terrorist offences stated in this Convention.
Period covered: 1/7/2012 -         
The preceding statement concerns Article(s) : 26


Declaration contained in a letter from the Permanent Representative of Turkey handed over to the Deputy Secretary General at the time of signature of the instrument, on 19 January 2006 - Or. Engl., and confirmed in a letter from the Permanent Representative of Turkey desposited with the intrument of ratification on 23 March 2012 - Or. Engl.

The Republic of Turkey declares its understanding that the term "settlement of the dispute" referred to in Article 29 of the Convention shall be interpreted in such a way that the procedure for the settlement of the dispute should only be agreed upon by the parties to the dispute.
Period covered: 1/7/2012 -      
The preceding statement concerns Article(s) : 29

 

    Ukraine :


Declaration contained in the instrument of ratification deposited on 21 December 2006 - Or. Engl.

In accordance with Article 18, paragraph 2, of the Convention, Ukraine declares that it shall not extradite citizens of Ukraine to another State. For the purpose of this Convention any person shall be considered as a citizen of Ukraine who in accordance with the Ukrainian laws is a citizen of Ukraine at the moment of decision making about his/her extradition.
Period covered: 1/6/2007 -         
The preceding statement concerns Article(s) : 18


Declaration contained in the instrument of ratification deposited on 21 December 2006 - Or. Engl.

In accordance with Article 19, paragraph 2, of the Convention, Ukraine declares that in case of receiving of a request about extradition of a transgressor from a Party to this Convention with which the extradition treaty is not available, it shall consider this Convention as a legal basis for extradition of the offenders concerning the offences set forth in Articles 5-7 and 9 of this Convention.
Period covered: 1/6/2007 -         
The preceding statement concerns Article(s) : 19


Reservation contained in the instrument of ratification deposited on 21 December 2006 - Or. Engl.

In accordance with Article 22, paragraph 4, of the Convention, Ukraine reserves the right not to be bound by the conditions established in accordance with paragraph 2 of this Article by the Party which gives the information, unless it shall receive in advance the notification about the nature of the information given and give its consent to the transfer of the information.
Period covered: 1/6/2007 -      
The preceding statement concerns Article(s) : 22

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