"ДОПОЛНИТЕЛЬНЫЙ ПРОТОКОЛ К ЕВРОПЕЙСКОЙ КОНВЕНЦИИ О ВЫДАЧЕ" (ETS N 86) [рус., англ.] (Подписан в г. Страсбурге 15.10.1975)

м образом на то уполномоченные, подписали настоящий Протокол.

Совершено в Страсбурге 15 октября 1975 года на английском и французском языках, причем оба текста имеют одинаковую силу, в одном экземпляре, который будет храниться в архивах Совета Европы. Генеральный секретарь Совета Европы направляет заверенные экземпляры каждому из подписавших и присоединившихся государств.

(Подписи)






ADDITIONAL PROTOCOL
TO THE EUROPEAN CONVENTION ON EXTRADITION

(Strasbourg, 15.X.1975)

The member States of the Council of Europe, signatory to this Protocol,
Having regard to the provisions of the European Convention on Extradition opened for signature in Paris on 13 December 1957 (hereinafter referred to as "the Convention") and in particular Articles 3 and 9 thereof;
Considering that it is desirable to supplement these Articles with a view to strengthening the protection of humanity and of individuals,
Have agreed as follows:

Chapter I

Article 1

For the application of Article 3 of the Convention, political offences shall not be considered to include the following:
a. the crimes against humanity specified in the Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948 by the General Assembly of the United Nations;
b. the violations specified in Article 50 of the 1949 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Article 51 of the 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Article 130 of the 1949 Geneva Convention relative to the Treatment of Prisoners of War and Article 147 of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War;
c. any comparable violations of the laws of war having effect at the time when this Protocol enters into force and of customs of war existing at that time, which are not already provided for in the above-mentioned provisions of the Geneva Conventions.

Chapter II

Article 2

Article 9 of the Convention shall be supplemented by the following text, the original Article 9 of the Convention becoming paragraph 1 and the under-mentioned provisions becoming paragraphs 2, 3 and 4:
"2. The extradition of a person against whom a final judgment has been rendered in a third State, Contracting Party to the Convention, for the offence or offences in respect of which the claim was made, shall not be granted:
a. if the afore-mentioned judgment resulted in his acquittal;
b. if the term of imprisonment or other measure to which he was sentenced:
i. has been completely enforced;
ii. has been wholly, or with respect to the part not
enforced, the subject of a pardon or an amnesty;
c. if the court convicted the offender without imposing a sanction.
3. However, in the cases referred to in paragraph 2, extradition may be granted:
a. if the offence in respect of which judgment has been rendered was committed against a person, an institution or any thing having public status in the requesting State;
b. if the person on whom judgment was passed had himself a public status in the requesting State;
c. if the offence in respect of which judgment was passed was committed completely or partly in the territory of the requesting State or in a place treated as its territory.
4. The provisions of paragraphs 2 and 3 shall not prevent the application of wider domestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgm



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