20. pants

Šīs Konvencijas oriģinālu, kura

teksts angļu, franču, krievu, ķīniešu un spāņu valodā ir vienlīdz

autentisks, deponē Apvienoto Nāciju Organizācijas

ģenerālsekretāram, kas nosūta apliecinātas kopijas visam

valstīm.

To apliecinot, attiecīgo valdību

pilnvarotas personas ir parakstījušas šo Konvenciju 1973.gada

14.decembrī Ņujorkā.

Convention

on the Prevention and Punishment of Crimes Against

Internationally Protected Persons

Opened for

signature at New York on 14 December 1973

THE STATES PARTIES to this

Convention,

Having in mind the purposes and

principles of the Charter of the United Nations concerning the

maintenance of international peace and the promotion of friendly

relations and co-operation among States,

Considering that crimes against

diplomatic agents and other internationally protected persons

jeopardizing the safety of these persons create a serious threat

to the maintenance of normal international relations which are

necessary for co-operation among States,

Believing that the commission of

such crimes is a matter of grave concern to the international

community,

Convinced that there is an urgent

need to adopt appropriate and effective measures for the

prevention and punishment of such crimes,

Have agreed as follows:

Article 1

For the purposes of this

Convention:

1. "internationally protected

person" means:

a. a Head of State, including any

member of a collegial body performing the functions of a Head of

State under the constitution of the State concerned, a Head of

Government or a Minister for Foreign Affairs, whenever any such

person is in a foreign State, as well as members of his family

who accompany him;

b. any representative or official

of a State or any official or other agent of an international

organization of an intergovernmental character who, at the time

when and in the place where a crime against him, his official

premises, his private accommodation or his means of transport is

committed, is entitled pursuant to international law to special

protection from any attack on his person, freedom or dignity, as

well as members of his family forming part of his household;

2. "alleged offender" means a

person as to whom there is sufficient evidence to determine prima

facie that he has committed or participated in one or more of the

crimes set forth in article 2.

Article 2

1. The intentional commission

of:

a. a murder, kidnapping or other

attack upon the person or liberty of an internationally protected

person;

b. a violent attack upon the

official premises, the private accommodation or the means of

transport of an internationally protected person likely to

endanger his person or liberty;

c. a threat to commit any such

attack;

d. an attempt to commit any such

attack; and

e. an act constituting

participation as an accomplice in any such attack shall be made

by each State Party a crime under its internal law.

2. Each State Party shall make

these crimes punishable by appropriate penalties which take into

account their grave nature.

3. Paragraphs 1 and 2 of this

article in no way derogate from the obligations of States Parties

under international law to take all appropriate measures to

prevent other attacks on the person, freedom or dignity of an

internationally protected person.

Article 3

1. Each State Party shall take

such measures as may be necessary to establish its jurisdiction

over the crimes set forth in article 2 in the following

cases:

a. when the crime is committed in

the territory of that State or on board a ship or aircraft

registered in that State;

b. when the alleged offender is a

national of that State;

c. when the crime is committed

against an internationally protected person as defined in article

1 who enjoys his status as such by virtue of functions which he

exercises on behalf of that State.

2. Each State Party shall likewise

take such measures as may be necessary to establish its

jurisdiction over these crimes in cases where the alleged

offender is present in its territory and it does not extradite

him pursuant to article 8 to any of the States mentioned in

paragraph 1 of this article.

3. This Convention does not

exclude any criminal jurisdiction exercised in accordance with

internal law.

Article 4

States Parties shall co-operate in

the prevention of the crimes set forth in article 2, particularly

by:

a. taking all practicable measures

to prevent preparations in their respective territories for the

commission of those crimes within or outside their

territories;

b. exchanging information and

co-ordinating the taking of administrative and other measures as

appropriate to prevent the commission of those crimes.

Article 5

1. The State Party in which any of

the crimes set forth in article 2 has been committed shall, if it

has reason to believe that an alleged offender has fled from its

territory, communicate to all other States concerned, directly or

through the Secretary-General of the United Nations, all the

pertinent facts regarding the crime committed and all available

information regarding the identity of the alleged offender.

2. Whenever any of the crimes set

forth in article 2 has been committed against an internationally

protected person, any State Party which has information

concerning the victim and the circumstances of the crime shall

endeavour to transmit it, under the conditions provided for in

its internal law, fully and promptly to the State Party on whose

behalf he was exercising his functions.

Article 6

1. Upon being satisfied that the

circumstances so warrant, the State Party in whose territory the

alleged offender is present shall take the appropriate measures

under its internal law so as to ensure his presence for the

purpose of prosecution or extradition. Such measures shall be

notified without delay directly or through the Secretary-General

of the United Nations to:

a. the State where the crime was

committed;

b. the State or States of which

the alleged offender is a national or, if he is a stateless

person, in whose territory he permanently resides;

c. the State or States of which

the internationally protected person concerned is a national or

on whose behalf he was exercising his functions;

d. all other States concerned;

and

e. the international organization

of which the internationally protected person concerned is an

official or an agent.

2. Any person regarding whom the

measures referred to in paragraph 1 of this article are being

taken shall be entitled:

a. to communicate without delay

with the nearest appropriate representative of the State of which

he is a national or which is otherwise entitled to protect his

rights or, if he is a stateless person, which he requests and

which is willing to protect his rights, and

b. to be visited by a

representative of that State.

Article 7

The State Party in whose territory

the alleged offender is present shall, if it does not extradite

him, submit, without exception whatsoever and without undue

delay, the case to its competent authorities for the purpose of

prosecution, through proceedings in accordance with the laws of

that State.

Article 8

1. To the extent that the crimes

set forth in article 2 are not listed as extraditable offences in

any extradition treaty existing between States Parties, they

shall be deemed to be included as such therein. States Parties

undertake to include those crimes as extraditable offences in

every future extradition treaty to be concluded between them.

2. If a State Party which makes

extradition conditional on the existence of a treaty receives a

request for extradition from another State Party with which it

has no extradition treaty, it may, if it decides to extradite,

consider this Convention as the legal basis for extradition in

respect of those crimes. Extradition shall be subject to the

procedural provisions and the other conditions of the law of the

requested State.

3. States Parties which do not

make extradition conditional on the existence of a treaty shall

recognize those crimes as extraditable offences between

themselves subject to the procedural provisions and the other

conditions of the law of the requested State.

4. Each of the crimes shall be

treated, for the purpose of extradition between States Parties,

as if it had been committed not only in the place in which it

occurred but also in the territories of the States required to

establish their jurisdiction in accordance with paragraph 1 of

article 3.

Article 9

Any person regarding whom

proceedings are being carried out in connexion with any of the

crimes set forth in article 2 shall be guaranteed fair treatment

at all stages of the proceedings.

Article 10

1. States Parties shall afford one

another the greatest measure of assistance in connexion with

criminal proceedings brought in respect of the crimes set forth

in article 2, including the supply of all evidence at their

disposal necessary for the proceedings.

2. The provisions of paragraph 1

of this article shall not affect obligations concerning mutual

judicial assistance embodied in any other treaty.

Article 11

The State Party where an alleged

offender is prosecuted shall communicate the final outcome of the

proceedings to the Secretary-General of the United Nations, who

shall transmit the information to the other States Parties.

Article 12

The provisions of this Convention

shall not affect the application of the Treaties on Asylum, in

force at the date of the adoption of this Convention, as between

the States which are parties to those Treaties; but a State Party

to this Convention may not invoke those Treaties with respect to

another State Party to this Convention which is not a party to

those Treaties.

Article 13

1. Any dispute between two or more

States Parties concerning the interpretation or application of

this Convention which is not settled by negotiation shall, at the

request of one of them, be submitted to arbitration. If within

six months from the date of the request for arbitration the

parties are unable to agree on the organization of the

arbitration, any one of those parties may refer the dispute to

the International Court of Justice by request in conformity with

the Statute of the Court.

2. Each State Party may at the

time of signature or ratification of this Convention or accession

thereto declare that it does not consider itself bound by

paragraph 1 of this article. The other States Parties shall not

be bound by paragraph 1 of this article with respect to any State

Party which has made such a reservation.

3. Any State Party which has made

a reservation in accordance with paragraph 2 of this article may

at any time withdraw that reservation by notification to the

Secretary-General of the United Nations.

Article 14

This Convention shall be open for

signature by all States, until 31 December 1974 at United Nations

Headquarters in New York.

Article 15

This Convention is subject to

ratification. The instruments of ratification shall be deposited

with the Secretary-General of the United Nations.

Article 16

This Convention shall remain open

for accession by any State. The instruments of accession shall be

deposited with the Secretary- General of the United Nations.

Article 17

1. This Convention shall enter

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

the twenty-second instrument of ratification or accession with

the Secretary-General of the United Nations.

2. For each State ratifying or

acceding to the Convention after the deposit of the twenty-second

instrument of ratification or accession, the Convention shall

enter into force on the thirtieth day after deposit by such State

of its instrument of ratification or accession.

Article 18

1. Any State Party may denounce

this Convention by written notification to the Secretary-General

of the United Nations.

2. Denunciation shall take effect

six months following the date on which notification is received

by the Secretary-General of the United Nations.

Article 19

The Secretary-General of the

United Nations shall inform all States, inter alia:

a. of signatures to this

Convention, of the deposit of instruments of ratification or

accession in accordance with articles 14, 15 and 16 and of

notifications made under article 18.

b. of the date on which this

Convention will enter into force in accordance with article

17.

Article 20

The original of this Convention,

of which the Chinese, English, French, Russian and Spanish texts

are equally authentic, shall be deposited with the

Secretary-General of the United Nations, who shall send certified

copies thereof to all States.

IN WITNESS WHEREOF the

undersigned, being duly authorized thereto by their respective

Governments, have signed this Convention, opened for signature at

New York on 14 December 1973.