International Convention for the Suppression of Terrorist Bombings

Article 7

1. Upon receiving information that a person who has committed or who isalleged to have committed an offence as set forth in article 2 may be present in
its territory, the State Party concerned shall take such measures as may be
necessary under its domestic law to investigate the facts contained in the
information.

2. Upon being satisfied that the circumstances so warrant, the State Party in
whose territory the offender or alleged offender is present shall take the
appropriate measures under its domestic law so as to ensure that person’s
presence for the purpose of prosecution or extradition.

3. Any person regarding whom the measures referred to in paragraph 2 of the
present article are being taken shall be entitled to:

(a) Communicate without delay with the nearest appropriate representative of
the State of which that person is a national or which is otherwise entitled to
protect that person’s rights or, if that person is a stateless person, the State
in the territory of which that person habitually resides;

(b) Be visited by a representative of that State;

(c) Be informed of that person’s rights under subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 of the present article shall be
exercised in conformity with the laws and regulations of the State in the
territory of which the offender or alleged offender is present, subject to the
provision that the said laws and regulations must enable full effect to be given
to the purposes for which the rights accorded under paragraph 3 are intended.

5. The provisions of paragraphs 3 and 4 of the present article shall be without
prejudice to the right of any State Party having a claim to jurisdiction in
accordance with article 6, subparagraph 1 (c) or 2 (c), to invite the
International Committee of the Red Cross to communicate with and visit the
alleged offender.

6. When a State Party, pursuant to the present article, has taken a person into
custody, it shall immediately notify, directly or through the
Secretary-General of the United Nations, the States Parties which have
established jurisdiction in accordance with article 6, paragraphs 1 and 2, and,
if it considers it advisable, any other interested States Parties, of the fact
that that person is in custody and of the circumstances which warrant that
person’s detention. The State which makes the investigation contemplated in
paragraph 1 of the present article shall promptly inform the said States Parties
of its findings and shall indicate whether it intends to exercise jurisdiction.

Article 8

1. The State Party in the territory of which the alleged offender is present
shall, in cases to which article 6 applies, if it does not extradite that
person, be obliged, without exception whatsoever and whether or not the offence
was committed in its territory, to submit the case without undue delay to its
competent authorities for the purpose of prosecution, through proceedings in
accordance with the laws of that State. Those authorities shall take their
decision in the same manner as in the case of any other offence of a grave
nature under the law of that State.2. Whenever a State Party is permitted under its domestic law to extradite or
otherwise surrender one of its nationals only upon the condition that the person
will be returned to that State to serve the sentence imposed as a result of the
trial or proceeding for which the extradition or surrender of the person was
sought, and this State and the State seeking the extradition of the person agree
with this option and other terms they may deem appropriate, such a conditional
extradition or surrender shall be sufficient to discharge the obligation set
forth in paragraph 1 of the present article.

Article 9

1. The offences set forth in article 2 shall be deemed to be included as
extraditable offences in any extradition treaty existing between any of the
States Parties before the entry into force of this Convention. States Parties
undertake to include such offences as extraditable offences in every extradition
treaty to be subsequently concluded between them.

2. When 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, the requested State Party may, at its option,
consider this Convention as a legal basis for extradition in respect of the
offences set forth in article 2. Extradition shall be subject to the other
conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of
a treaty shall recognize the offences set forth in article 2 as extraditable
offences between themselves, subject to the conditions provided by the law of
the requested State.

4. If necessary, the offences set forth in article 2 shall be treated, for the
purposes of extradition between States Parties, as if they had been committed
not only in the place in which they occurred but also in the territory of the
States that have established jurisdiction in accordance with article 6,
paragraphs 1 and 2.

5. The provisions of all extradition Treaties and arrangements between
States Parties with regard to offences set forth in article 2 shall be deemed to
be modified as between State Parties to the extent that they are incompatible
with this Convention.

Article 10

1. States Parties shall afford one another the greatest measure of assistance in
connection with investigations or criminal or extradition proceedings brought in
respect of the offences set forth in article 2, including assistance in
obtaining evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1 of the
present article in conformity with any Treaties or other arrangements on mutual
legal assistance that may exist between them. In the absence of such treaties or
arrangements, States Parties shall afford one another assistance in accordance
with their domestic law.

Article 11
None of the offences set forth in article 2 shall be regarded, for the
purposes of extradition or mutual legal assistance, as a political offence or as
an offence connected with a political offence or as an offence inspired by
political motives. Accordingly, a request for extradition or for mutual legal
assistance based on such an offence may not be refused on the sole ground that
it concerns a political offence or an offence connected with a political offence
or an offence inspired by political motives.

Article 12

Nothing in this Convention shall be interpreted as imposing an obligation to
extradite or to afford mutual legal assistance, if the requested State Party has
substantial grounds for believing that the request for extradition for offences
set forth in article 2 or for mutual legal assistance with respect to such
offences has been made for the purpose of prosecuting or punishing a person on
account of that person’s race, religion, nationality, ethnic origin or political
opinion or that compliance with the request would cause prejudice to that
person’s position for any of these reasons.

Author: international

Mentioned in these Entries

International Convention for the Suppression of Terrorist Bombings, Treaties.