European Convention on Extradition Order 1990 (Amendment) (No. 2) Order 1995

JurisdictionUK Non-devolved

1995 No. 1962

EXTRADITION

The European Convention on Extradition Order 1990 (Amendment) (No. 2) Order 1995

Made 26th July 1995

Laid before Parliament 7th August 1995

Coming into force 1st September 1995

At the Court at Buckingham Palace, the 26th day of July 1995

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (“the Convention”)1opened for signature at Paris on 13th December 1957 entered into force for the United Kingdom on 14th May 1991:

And whereas the Convention entered into force in respect of Croatia on 25th April 1995 and Croatia made the declaration set out in article 2 of this Order:

And whereas the Convention entered into force in respect of Slovenia on 17th May 1995:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 18702and by sections 4(1) and 37(3) of the Extradition Act 19893, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the European Convention on...

1. This Order may be cited as the European Convention on Extradition Order 1990 (Amendment) (No. 2) Order 1995 and shall come into force on 1st September 1995.

S-2 The European Convention on Extradition Order 1990 (“the 1990...

2. The European Convention on Extradition Order 19904(“the 1990 Order”) shall be amended as follows:

(a) In article 5(2), at the end, there shall be added the words, “to the extent specified in that Schedule.”.

(b) In Part 1 of Schedule 2 (which names States parties to the Convention) the entry for “Czech and Slovak Federal Republic” shall be deleted and, at the respective appropriate points in the alphabetical order, the following entries shall be inserted—

(i) “Croatia”;

(ii) “Czech Republic”;

(iii) “Slovakia”; and

(iv) “Slovenia”.

(c) In Schedule 3 (which sets out the reservations and declarations made by States parties to the Convention), the following Part shall be inserted after Part 1A:

PART 1B

CROATIA

Declaration

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any extradition or transit (Article 21, paragraph 2, of the Convention) of its own citizens.

The “nationality” of a person being requested for extradition will be considered in terms of the time when the criminal act was committed and in...

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