Vorbehalte und Erklärungen für Vertrag Nr.196 - Übereinkommen des Europarats zur Verhütung des Terrorismus

Art der Erklärung : Mitteilungen
Datum 22/10/2019

Dänemark

Communication from the Acting Permanent Representative of Denmark, dated 27 May 2010, registered at the Secretariat General on 27 May 2010 – Or. Engl.

In accordance with Article 20, paragraph 2, of the Convention, the Government of the Kingdom of Denmark declares that it upholds wholly its reservation made at the time of ratification of the Convention for the period of three years set out in Article 20, paragraph 5, of the Convention.

The Council of Europe Convention on the Prevention of Terrorism was implemented into Danish law by Act No. 542 of 8 June 2006 to amend the Criminal Code, the Administration of Justice Act and various other acts (strengthening efforts to combat terrorism, etc.).

In respect of reservations under Article 20 of the Convention, it appears from paragraph 9.4 of the general notes to the Bill that the Ministry of Justice found it most appropriate to make use of the right to make a reservation as regards the actions referred to in Article 5 and Article 9 read with Article 5 of the Convention on public provocation to commit a terrorist offence. The reason for this is that the subject matter of this offence is the perpetrator's expressions and that the assessment of them is related to the scope of the freedom of expression. In this connection, it is not deemed appropriate to preclude the Danish authorities in advance from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence in specific situations.

Based on this, the Government of the Kingdom of Denmark introduced the current section 5(4) of the Extradition Act, according to which extradition for an act covered by Article 5 or Article 9 read with Article 5 of the Council of Europe Convention on the Prevention of Terrorism may be refused in special situations, if the assessment is that the offence concerned was political. This provision means that the Danish authorities will not be precluded, based on a specific assessment, from regarding a violation of Article 5 or Article 9 read with Article 5 of the Convention as a political offence, as well as, in such situations, the Danish authorities will not be precluded from refusing extradition for this reason alone.

On this background, and in accordance with Article 20 (5) and (6), the Government of the Kingdom of Denmark notified the Secretary General of the Council of Europe that it is upholding its reservation made in accordance with Article 20 (2).

[Note by the Secretariat: This Communication has been renewed:
- in a Communication from the Permanent Representative of Denmark, dated 19 March 2013, registered at the Secretariat General on 19 March 2013 - Or. Engl.;
- in a Communication from the Permanent Representative of Denmark, dated 9 May 2016, registered at the Secretariat General on 9 May 2016 – Or. Engl.;
- in a Communication from the Ministry of Justice of Denmark, transmitted by the Permanent Representation of Denmark and registered at the Secretariat General on 30 April 2019 – Or. Engl.]
In Kraft: 27/05/2010 -
Artikel betroffen : 20


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