The member States of the Council of Europe, signatory to this Protocol,
Considering that the aim of the Council of Europe is to achieve greater unity between
its members;
Desirous of strengthening their individual and collective ability to respond to crime;
Having regard to the provisions of the European Convention on Extradition (ETS No. 24) opened for signature in Paris on 13 December 1957 (hereinafter referred
to as “the Convention”), as well as the two Additional Protocols thereto (ETS Nos.
86 and 98), done at Strasbourg on 15 October 1975 and on 17 March 1978, respectively;
Considering it desirable to supplement the Convention in certain respects in order to simplify and accelerate the extradition procedure
when the person sought consents to extradition,
Article 1. Obligation to extradite under the simplified procedure
Contracting Parties undertake to extradite to each other under the simplified procedure
as provided for by this Protocol persons sought in accordance with Article 1 of the Convention, subject to the consent of such persons and the agreement of the requested Party.
Article 2. Initiation of the procedure
-
1 When the person sought is the subject of a request for provisional arrest in accordance
with Article 16 of the Convention, the extradition referred to in Article 1 of this Protocol shall not be subject to the submission of a request for extradition
and supporting documents in accordance with Article 12 of the Convention. The following information provided by the requesting Party shall be regarded as
adequate by the requested Party for the purpose of applying Articles 3 to 5 of this Protocol and for taking its final decision on extradition under the simplified
procedure:
-
a) the identity of the person sought, including his or her nationality or nationalities
when available;
-
b) the authority requesting the arrest;
-
c) the existence of an arrest warrant or other document having the same legal effect
or of an enforceable judgment, as well as a confirmation that the person is sought
in accordance with Article 1 of the Convention;
-
d) the nature and legal description of the offence, including the maximum penalty or
the penalty imposed in the final judgment, including whether any part of the judgment
has already been enforced;
-
e) information concerning lapse of time and its interruption;
-
f) a description of the circumstances in which the offence was committed, including the
time, place and degree of involvement of the person sought;
-
g) in so far as possible, the consequences of the offence;
-
h) in cases where extradition is requested for the enforcement of a final judgment, whether
the judgment was rendered in absentia.
Article 3. Obligation to inform the person
Where a person sought for the purpose of extradition is arrested in accordance with
Article 16 of the Convention, the competent authority of the requested Party shall inform that person, in accordance
with its law and without undue delay, of the request relating to him or her of the
possibility of applying the simplified extradition procedure in accordance with this
Protocol.
Article 4. Consent to extradition
-
1 The consent of the person sought and, if appropriate, his or her express renunciation
of entitlement to the rule of speciality shall be given before the competent judicial
authority of the requested Party in accordance with the law of that Party.
-
2 Each Party shall adopt the measures necessary to ensure that consent and, where appropriate,
renunciation, as referred to in paragraph 1, are established in such a way as to show
that the person concerned has expressed them voluntarily and in full awareness of
the legal consequences. To that end, the person sought shall have the right to legal
counsel. If necessary, the requested Party shall ensure that the person sought has
the assistance of an interpreter.
-
3 Consent and, where appropriate, renunciation, as referred to in paragraph 1, shall
be recorded in accordance with the law of the requested Party.
-
4 Subject to paragraph 5, consent and, where appropriate, renunciation, as referred
to in paragraph 1, shall not be revoked.
-
5 Any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, or at any later time, declare that consent and,
where appropriate, renunciation of entitlement to the rule of speciality, may be revoked.
The consent may be revoked until the requested Party takes its final decision on extradition
under the simplified procedure. In this case, the period between the notification
of consent and that of its revocation shall not be taken into consideration in establishing
the periods provided for in Article 16, paragraph 4, of the Convention. Renunciation of entitlement to the rule of speciality may be revoked until the surrender
of the person concerned. Any revocation of the consent to extradition or the renunciation
of entitlement to the rule of speciality shall be recorded in accordance with the
law of the requested Party and notified to the requesting Party immediately.
Article 5. Renunciation of entitlement to the rule of speciality
Each State may declare, at the time of signature or when depositing its instrument
of ratification, acceptance, approval or accession, or at any later time, that the
rules laid down in Article 14 of the Convention do not apply where the person extradited by this State, in accordance with Article 4 of this Protocol:
Article 6. Notifications in case of provisional arrest
-
1 So that the requesting Party may submit, where applicable, a request for extradition
in accordance with Article 12 of the Convention, the requested Party shall notify it, as soon as possible and no later than ten days
after the date of provisional arrest, whether or not the person sought has given his
or her consent to extradition.
-
2 In exceptional cases where the requested Party decides not to apply the simplified
procedure in spite of the consent of the person sought, it shall notify this to the
requesting Party sufficiently in advance so as to allow the latter to submit a request
for extradition before the period of forty days established under Article 16 of the Convention expires.
Article 7. Notification of the decision
Where the person sought has given his or her consent to extradition, the requested
Party shall notify the requesting Party of its decision with regard to the extradition
under the simplified procedure within twenty days of the date on which the person
consented.
Article 8. Means of communication
For the purpose of this Protocol, communications may be forwarded through electronic
or any other means affording evidence in writing, under conditions which allow the
Parties to ascertain their authenticity, as well as through the International Criminal
Police Organisation (Interpol). In any case, the Party concerned shall, upon request
and at any time, submit the originals or authenticated copies of documents.
Article 9. Surrender of the person to be extradited
Surrender shall take place as soon as possible, and preferably within ten days from
the date of notification of the extradition decision.
Article 10. Consent given after expiry of the deadline laid down in Article 6
Where the person sought has given his or her consent after expiry of the deadline
of ten days laid down in Article 6, paragraph 1, of this Protocol, the requested Party shall apply the simplified procedure as provided
for in this Protocol if it has not yet received a request for extradition within the
meaning of Article 12 of the Convention.
In the event of transit under the conditions laid down in Article 21 of the Convention, where a person is to be extradited under a simplified procedure to the requesting
Party, the following provisions shall apply:
-
a) the request for transit shall contain the information required in Article 2, paragraph 1, of this Protocol;
-
b) the Party requested to grant transit may request supplementary information if the
information provided for in sub-paragraph a is insufficient for the said Party to
decide on transit.
Article 12. Relationship with the Convention and other international instruments
-
1 The words and expressions used in this Protocol shall be interpreted within the meaning
of the Convention. As regards the Parties to this Protocol, the provisions of the Convention shall
apply, mutatis mutandis, to the extent that they are compatible with the provisions of this Protocol.
Article 13. Friendly settlement
The European Committee on Crime Problems of the Council of Europe shall be kept informed
regarding the application of this Protocol and shall do whatever is necessary to facilitate
a friendly settlement of any difficulty which may arise out of its interpretation
and application.
Article 14. Signature and entry into force
-
1 This Protocol shall be open for signature by the member States of the Council of Europe
which are a Party to or have signed the Convention. It shall be subject to ratification, acceptance or approval. A signatory may not
ratify, accept or approve this Protocol unless it has previously ratified, accepted
or approved the Convention, or does so simultaneously. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council
of Europe.
-
3 In respect of any signatory State which subsequently deposits its instrument of ratification,
acceptance or approval, this Protocol shall enter into force on the first day of the
month following the expiration of a period of three months after the date of deposit.
Article 16. Territorial application
-
1 Any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or territories to which this
Protocol shall apply.
-
2 Any State may, at any later time, by declaration addressed to the Secretary General
of the Council of Europe, extend the application of this Protocol to any other territory
specified in the declaration. In respect of such territory the Protocol shall enter
into force on the first day of the month following the expiration of a period of three
months after the date of receipt of such declaration by the Secretary General.
-
3 Any declaration made under the two preceding paragraphs may, in respect of any territory
specified in such declaration, be withdrawn by a notification addressed to the Secretary
General of the Council of Europe. The withdrawal shall become effective on the first
day of the month following the expiration of a period of six months after the date
or receipt of such notification by the Secretary General.
Article 17. Declarations and reservations
-
1 Reservations made by a State to any provision of the Convention or the two Additional Protocols thereto shall also be applicable to this Protocol,
unless that State otherwise declares at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession. The same shall apply
to any declaration made in respect or by virtue of any provision of the Convention
or the two Additional Protocols thereto.
-
2 Any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, declare that it avails itself of the right not
to accept wholly or in part Article 2, paragraph 1, of this Protocol. No other reservation may be made.
-
3 Any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, or at any later time, make the declarations provided
for in Article 4, paragraph 5, and in Article 5 of this Protocol.
-
4 Any State may wholly or partially withdraw a reservation or declaration it has made
in accordance with this Protocol, by means of a declaration addressed to the Secretary
General of the Council of Europe, which shall become effective as from the date of
its receipt.
-
5 Any Party which has made a reservation to Article 2, paragraph 1, of this Protocol, in accordance with paragraph 2 of this article may not claim the
application of that paragraph by another Party. It may, however, if its reservation
is partial or conditional, claim the application of that paragraph in so far as it
has itself accepted it.
Article 19. Notifications
The Secretary General of the Council of Europe shall notify the member States of the
Council of Europe and any State which has acceded to this Protocol of:
-
a) any signature;
-
b) the deposit of any instrument of ratification, acceptance, approval or accession;
-
c) any date of entry into force of this Protocol in accordance with Articles 14 and 15;
-
d) any declaration made in accordance with Article 4, paragraph 5, Article 5, Article 16 and Article 17, paragraph 1, and any withdrawal of such a declaration;
-
e) any reservation made in accordance with Article 17, paragraph 2, and any withdrawal of such a reservation;
-
f) any notification received in pursuance of the provisions of Article 18 and the date on which denunciation takes effect;
-
g) any other act, declaration, notification or communication relating to this Protocol.