28. pants

Šīs Konvencijas noteikumi Pušu

attiecībās prevalē pār Preambulas otrās rindkopas 1., 2., 3. un

4.apakšpunktā minēto starptautisko dokumentu noteikumiem, no

kuriem katrs tiek uzskatīts par spēku zaudējušu, kad visas Puses

būs kļuvušas par šīs Konvencijas Pusēm.

To apliecinot, apakšā minētās

personas attiecīgo valdību pilnvarojumā parakstījušas šo

Konvenciju, kas tika atvērta parakstīšanai Leiksaksesā, Ņujorkā,

tūkstoš deviņi simti piecdesmitā gada divdesmit pirmajā martā un

kuras apliecinātu un precīzu kopiju Ģenerālsekretārs nosūta visām

Apvienoto Nāciju Organizācijas dalībvalstīm un citām valstīm, kas

minētas 23.pantā.

Nobeiguma

protokols

Nekas šajā Konvencijā nekaitē tiem

normatīvajiem aktiem, kuros ir noteikumi par cilvēku

tirdzniecības un prostitūcijas izmantošanu no trešo personu puses

novēršanu, un kas nodrošina stingrākus noteikumus, kādi ir šajā

Konvencijā.

Noteikumi, ko satur Konvencijas

23. līdz 26.panti, ir attiecināmi uz šo Protokolu.

CONVENTION

FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS AND OF THE

EXPLOITATION OF THE PROSTITUTION OF OTHERS

Approved by

General Assembly resolution 317 (IV) of 2 December 1949

Entry into

force: 25 July 1951, in accordance with article 24

Preamble

Whereas prostitution and the

accompanying evil of the traffic in persons for the purpose of

prostitution are incompatible with the dignity and worth of the

human person and endanger the welfare of the individual, the

family and the community,

Whereas, with respect to the

suppression of the traffic in women and children, the following

international instruments are in force:

(1)International Agreement of 18

May 1904 for the Suppression of the White Slave Traffic, as

amended by the Protocol approved by the General Assembly of the

United Nations on 3 December 1948,

(2)International Convention of 4

May 1910 for the Suppression of the White Slave Traffic, as

amended by the above-mentioned Protocol,

(3)International Convention of 30

September 1921 for the Suppression of the Traffic in Women and

Children, as amended by the Protocol approved by the General

Assembly of the United Nations on 20 October 1947,

(4)International Convention of 11

October 1933 for the Suppression of the Traffic in Women of Full

Age, as amended by the aforesaid Protocol,

Whereas the League of Nations in

1937 prepared a draft Convention extending the scope of the

above-mentioned instruments, and

Whereas developments since 1937

make feasible the conclusion of a convention consolidating the

above-mentioned instruments and embodying the substance of the

1937 draft Convention as well as desirable alterations

therein:

Now therefore

The Contracting parties

Hereby agree as hereinafter

provided :

Article 1

The Parties to the present

Convention agree to punish any person who, to gratify the

passions of another:

(1)Procures, entices or leads

away, for purposes of prostitution, another person, even with the

consent of that person;

(2)Exploits the prostitution of

another person, even with the consent of that person.

Article 2

The Parties to the present

Convention further agree to punish any person who:

(1)Keeps or manages, or knowingly

finances or takes part in the financing of a brothel;

(2)Knowingly lets or rents a

building or other place or any part thereof for the purpose of

the prostitution of others.

Article 3

To the extent permitted by

domestic law, attempts to commit any of the offences referred to

in articles 1 and 2, and acts preparatory to the commission

thereof, shall also be punished.

Article 4

To the extent permitted by

domestic law, intentional participation in the acts referred to

in articles 1 and 2 above shall also be punishable.

To the extent permitted by

domestic law, acts of participation shall be treated as separate

offences whenever this is necessary to prevent impunity.

Article 5

In cases where injured persons are

entitled under domestic law to be parties to proceedings in

respect of any of the offences referred to in the present

Convention, aliens shall be so entitled upon the same terms as

nationals.

Article 6

Each Party to the present

Convention agrees to take all the necessary measures to repeal or

abolish any existing law, regulation or administrative provision

by virtue of which persons who engage in or are suspected of

engaging in prostitution are subject either to special

registration or to the possession of a special document or to any

exceptional requirements for supervision or notification.

Article 7

Previous convictions pronounced in

foreign States for offences referred to in the present Convention

shall, to the extent permitted by domestic law, be taken into

account for the purposes of:

(1)Establishing recidivism;

(2)Disqualifying the offender from

the exercise of civil rights.

Article 8

The offences referred to in

articles 1 and 2 of the present Convention shall be regarded as

extraditable offences in any extradition treaty which has been or

may hereafter be concluded between any of the Parties to this

Convention.

The Parties to the present

Convention which do not make extradition conditional on the

existence of a treaty shall henceforward recognize the offences

referred to in articles 1 and 2 of the present Convention as

cases for extradition between themselves.

Extradition shall be granted in

accordance with the law of the State to which the request is

made.

Article 9

In States where the extradition of

nationals is not permitted by law, nationals who have returned to

their own State after the commission abroad of any of the

offences referred to in articles 1 and 2 of the present

Convention shall be prosecuted in and punished by the courts of

their own State.

This provision shall not apply if,

in a similar case between the Parties to the present Convention,

the extradition of an alien cannot be granted.

Article 10

The provisions of article 9 shall

not apply when the person charged with the offence has been tried

in a foreign State and, if convicted, has served his sentence or

had it remitted or reduced in conformity with the laws of that

foreign State.

Article 11

Nothing in the present Convention

shall be interpreted as determining the attitude of a Party

towards the general question of the limits of criminal

jurisdiction under international law.

Article 12

The present Convention does not

affect the principle that the offences to which it refers shall

in each State be defined, prosecuted and punished in conformity

with its domestic law.

Article 13

The Parties to the present

Convention shall be bound to execute letters of request relating

to offences referred to in the Convention in accordance with

their domestic law and practice.

The transmission of letters of

request shall be effected:

(1)By direct communication between

the judicial authorities; or

(2)By direct communication between

the Ministers of Justice of the two States, or by direct

communication from another competent authority of the State

making the request to the Minister of Justice of the State to

which the request is made; or

(3)Through the diplomatic or

consular representative of the State making the request in the

State to which the request is made; this representative shall

send the letters of request direct to the competent judicial

authority or to the authority indicated by the Government of the

State to which the request is made, and shall receive direct from

such authority the papers constituting the execution of the

letters of request.

In cases 1 and 3 a copy of the

letters of request shall always be sent to the superior authority

of the State to which application is made.

Unless otherwise agreed, the

letters of request shall be drawn up in the language of the

authority making the request, provided always that the State to

which the request is made may require a translation in its own

language, certified correct by the authority making the

request.

Each Party to the present

Convention shall notify to each of the other Parties to the

Convention the method or methods of transmission mentioned above

which it will recognize for the letters of request of the latter

State.

Until such notification is made by

a State, its existing procedure in regard to letters of request

shall remain in force.

Execution of letters of request

shall not give rise to a claim for reimbursement of charges or

expenses of any nature whatever other than expenses of

experts.

Nothing in the present article

shall be construed as an undertaking on the part of the Parties

to the present Convention to adopt in criminal matters any form

or methods of proof contrary to their own domestic laws.

Article 14

Each Party to the present

Convention shall establish or maintain a service charged with the

co-ordination and centralization of the results of the

investigation of offences referred to in the present

Convention.

Such services should compile all

information calculated to facilitate the prevention and

punishment of the offences referred to in the present Convention

and should be in close contact with the corresponding services in

other States.

Article 15

To the extent permitted by

domestic law and to the extent to which the authorities

responsible for the services referred to in article 14 may judge

desirable, they shall furnish to the authorities responsible for

the corresponding services in other States the following

information:

(1)Particulars of any offence

referred to in the present Convention or any attempt to commit

such offence;

(2)Particulars of any search for

any prosecution, arrest, conviction, refusal of admission or

expulsion of persons guilty of any of the offences referred to in

the present Convention, the movements of such persons and any

other useful information with regard to them.

The information so furnished shall

include descriptions of the offenders, their fingerprints,

photographs, methods of operation, police records and records of

conviction.

Article 16

The Parties to the present

Convention agree to take or to encourage, through their public

and private educational, health, social, economic and other

related services, measures for the prevention of prostitution and

for the rehabilitation and social adjustment of the victims of

prostitution and of the offences referred to in the present

Convention.

Article 17

The Parties to the present

Convention undertake, in connection with immigration and

emigration, to adopt or maintain such measures as are required,

in terms of their obligations under the present Convention, to

check the traffic in persons of either sex for the purpose of

prostitution.

In particular they undertake:

(1)To make such regulations as are

necessary for the protection of immigrants or emigrants, and in

particular, women and children, both at the place of arrival and

departure and while en route;

(2)To arrange for appropriate

publicity warning the public of the dangers of the aforesaid

traffic;

(3)To take appropriate measures to

ensure supervision of railway stations, airports, seaports and en

route, and of other public places, in order to prevent

international traffic in persons for the purpose of

prostitution;

(4)To take appropriate measures in

order that the appropriate authorities be informed of the arrival

of persons who appear, prima facie, to be the principals and

accomplices in or victims of such traffic.

Article 18

The Parties to the present

Convention undertake, in accordance with the conditions laid down

by domestic law, to have declarations taken from aliens who are

prostitutes, in order to establish their identity and civil

status and to discover who has caused them to leave their State.

The information obtained shall be communicated to the authorities

of the State of origin of the said persons with a view to their

eventual repatriation.

Article 19

The Parties to the present

Convention undertake, in accordance with the conditions laid down

by domestic law and without prejudice to prosecution or other

action for violations thereunder and so far as possible:

(1)Pending the completion of

arrangements for the repatriation of destitute victims of

international traffic in persons for the purpose of prostitution,

to make suitable provisions for their temporary care and

maintenance;

(2)To repatriate persons referred

to in article 18 who desire to be repatriated or who may be

claimed by persons exercising authority over them or whose

expulsion is ordered in conformity with the law. Repatriation

shall take place only after agreement is reached with the State

of destination as to identity and nationality as well as to the

place and date of arrival at frontiers. Each Party to the present

Convention shall facilitate the passage of such persons through

its territory.

Where the persons referred to in

the preceding paragraph cannot themselves repay the cost of

repatriation and have neither spouse, relatives nor guardian to

pay for them, the cost of repatriation as far as the nearest

frontier or port of embarkation or airport in the direction of

the State of origin shall be borne by the State where they are in

residence, and the cost of the remainder of the journey shall be

borne by the State of origin.

Article 20

The Parties to the present

Convention shall, if they have not already done so, take the

necessary measures for the supervision of employment agencies in

order to prevent persons seeking employment, in particular women

and children, from being exposed to the danger of

prostitution.

Article 21

The Parties to the present

Convention shall communicate to the Secretary-General of the

United Nations such laws and regulations as have already been

promulgated in their States, and thereafter annually such laws

and regulations as may be promulgated, relating to the subjects

of the present Convention, as well as all measures taken by them

concerning the application of the Convention. The information

received shall be published periodically by the Secretary-General

and sent to all Members of the United Nations and to non-member

States to which the present Convention is officially communicated

in accordance with article 23.

Article 22

If any dispute shall arise between

the Parties to the present Convention relating to its

interpretation or application and if such dispute cannot be

settled by other means, the dispute shall, at the request of any

one of the Parties to the dispute, be referred to the

International Court of Justice.

Article 23

The present Convention shall be

open for signature on behalf of any Member of the United Nations

and also on behalf of any other State to which an invitation has

been addressed by the Economic and Social Council.

The present Convention shall be

ratified and the instruments of ratification shall be deposited

with the Secretary-General of the United Nations.

The States mentioned in the first

paragraph which have not signed the Convention may accede to

it.

Accession shall be effected by

deposit of an instrument of accession with the Secretary-General

of the United Nations.

For the purposes of the present

Convention the word "State" shall include all the colonies and

Trust Territories of a State signatory or acceding to the

Convention and all territories for which such State is

internationally responsible.

Article 24

The present Convention shall come

into force on the ninetieth day following the date of deposit of

the second instrument of ratification or accession.

For each State ratifying or

acceding to the Convention after the deposit of the second

instrument of ratification or accession, the Convention shall

enter into force ninety days after the deposit by such State of

its instrument of ratification or accession.

Article 25

After the expiration of five years

from the entry into force of the present Convention, any Party to

the Convention may denounce it by a written notification

addressed to the Secretary-General of the United Nations.

Such denunciation shall take

effect for the Party making it one year from the date upon which

it is received by the Secretary-General of the United

Nations.

Article 26

The Secretary-General of the

United Nations shall inform all Members of the United Nations and

non-member States referred to in article 23:

(a)Of signatures, ratifications

and accessions received in accordance with article 23;

(b)Of the date on which the

present Convention will come into force in accordance with

article 24;

(c)Of denunciations received in

accordance with article 25.

Article 27

Each Party to the present

Convention undertakes to adopt, in accordance with its

Constitution, the legislative or other measures necessary to

ensure the application of the Convention.

Article 28

The provisions of the present

Convention shall supersede in the relations between the Parties

thereto the provisions of the international instruments referred

to in subparagraphs 1, 2, 3 and 4 of the second paragraph of the

Preamble, each of which shall be deemed to be terminated when all

the Parties thereto shall have become Parties to the present

Convention.

Final

protocol

Nothing in the present Convention

shall be deemed to prejudice any legislation which ensures, for

the enforcement of the provisions for securing the suppression of

the traffic in persons and of the exploitation of others for

purposes of prostitution, stricter conditions than those provided

by the present Convention.

The provisions of articles 23 to

26 inclusive of the Convention shall apply to the present

Protocol.