NCJ Number
44283
Journal
INSTANTANES CRIMINOLOGIQUES Issue: 30 Dated: (1976) Pages: 33-35
Date Published
1976
Length
3 pages
Annotation
AN AGREEMENT BETWEEN 17 MEMBER STATES OF THE COUNCIL OF EUROPE TO FACILITATE THE REPRESSION OF TERRORISM IS DISCUSSED; SPECIFIC AREAS OF INTEREST ARE EXTRADITION AND TERRITORIAL ASYLUM.
Abstract
THE CONVENTION, SIGNED ON JANUARY 27, 1977 BY ALL OF THE MEMBER STATES EXCEPT IRELAND AND MALTA, IS DESIGNED TO SUPPLEMENT AND, IF NEED BE, TO MODIFY EXTRADITION AND JUDICIAL MUTUAL ASSISTANCE AGREEMENTS ALREADY IN EFFECT BETWEEN THE MEMBER STATES, WITH THE GOAL OF SURMOUNTING DIFFICULTIES IN THESE AREAS RELATIVE TO PERSONS ACCUSED OR CONVICTED OF TERRORIST ACTS. THE IMPORTANCE OF EXTRADITION TREATIES IN THE STRUGGLE AGAINST TERRORISM IS UNDERLINED, AS MANY PERPETRATORS ARE APPREHENDED IN A TERRITORY OTHER THAN THE ONE IN WHICH THE CRIME WAS COMMITTED. SEVERAL EXTRADITION TREATIES, HOWEVER, PRESENT DIFFICULTIES IN THAT THEY PROVIDE FOR THE REFUSAL OF EXTRADITION IN CASES OF 'POLITICAL OFFENSES'; THE INTERPRETATION OF 'POLITICAL OFFENSE' IS LEFT UP TO THE STATE WHICH RECEIVES AN EXTRADITION REQUEST, EXCEPT FOR CRIMES EXCLUDED BY OTHER AGREEMENTS FROM CONSIDERATION AS POLITICAL IN NATURE, E.G., CRIMES OF GENOCIDE, CRIMES AGAINST HUMANITARIAN LAWS RELATIVE TO ARMED CONFLICTS, AND ASSASSINATION ATTEMPTS AGAINST HEADS OF STATE. THE EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM SEEKS TO RESOLVE THE PROBLEM OF INTERPRETATION BY ENUMERATING CRIMES WHICH SHALL NOT BE CONSIDERED 'POLITICAL:' AIRCRAFT HIJACKING AND OTHER CIVIL AVIATION OFFENSES; SERIOUS OFFENSES AGAINST THE LIFE OR LIBERTY OF INTERNATIONALLY PROTECTED PERSONS, INCLUDING DIPLOMATS; KIDNAPPING, HOSTAGE-TAKING, AND FALSE IMPRISONMENT; AND OFFENSES WHICH ENDANGER HUMAN LIFE INVOLVING USE OF BOMBS, GRENADES, SHELLS AUTOMATIC FIREARMS, OR LETTER/PACKAGE BOMBS. THE CONVENTION TERMS ARE ONLY APPLICABLE BETWEEN MEMBER STATES OF THE COUNCIL OF EUROPE, AND JUDGES RETAIN DISCRETIONARY CONTROL IN CASES WHERE IT IS FELT THAT EXTRADITION COULD RESULT IN CAPRICIOUS TREATMENT OF THE OFFENDER BY THE OTHER NATION. THE CONVENTION ALSO DOES NOT ADDRESS TERRITORIAL ASYLUM FOR LEGITIMATE REASONS OF REFUGE FROM RACIAL, RELIGIOUS OR POLITICAL PROSECUTION; OF COURSE, ASYLUM WOULD NOT BE GRANTED IF THERE WERE REASONS TO BELIEVE THAT THE INDIVIDUAL WAS SUBJECT TO PROSECUTION FOR CRIMES AGAINST PEACE, WAR CRIMES, OR CRIMES AGAINST HUMANITY. -- IN FRENCH. (DAS)