Riserve e dichiarazioni per trattato n°024 - Convenzione europea di estradizione

Natura della dichiarazione : Dichiarazioni, Denunce, Deroghe
Situazione in data del 17/10/2017

Belgio

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The Belgian Government considers that the reservation made by Portugal regarding Article 1, item c, is not compatible with the object of the Convention. It takes the reservation to mean that extradition shall not be granted only if, in accordance with the legislation of the requesting State, the person sentenced to life imprisonment cannot be released after a certain time, following a legal or administrative procedure.
Periodo di efficacia: 27/11/1997 -
Articoli in questione : 1

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

Belgium considers that the rule of speciality is not applicable when the person claimed by Belgium has given, before the judicial authority of the requested State, his or her explicit consent to be prosecuted and punished on whatever count if this possibility is provided for in the legislation of the latter State. If, on the other hand, the extradition is requested from Belgium, it considers that, when the person to claimed has formally renounced to the formalities and guarantees of extradition, the rule of speciality shall no longer apply.
Periodo di efficacia: 27/11/1997 -
Articoli in questione : 14

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

Belgium considers that the exception provided for by Article 15 is extended, in the event that the person surrendered to Belgium has renounced to the speciality of extradition according to the legislation of the requested Party.
Periodo di efficacia: 27/11/1997 -
Articoli in questione : 15

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The Belgian Government will allow transit through its territory on the same conditions on which extradition is granted.
Periodo di efficacia: 27/11/1997 -
Articoli in questione : 21

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

If the request for extradition and the documents to be produced are in the language of the requesting Party and this language is neither Dutch, French, nor German, they must be accompanied by a translation into French.
Periodo di efficacia: 27/11/1997 -
Articoli in questione : 23

Declaration contained in a letter from the Minister of Justice of Belgium, dated 20 April 2004, registered at the Secretariat General on 26 April 2004 - Or. Fr.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, Belgium declares that it applies the Law of 19 December 2003, implementing the European Union Council's Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, to the arrest and surrender of all persons since 1 January 2004 in relations between Belgium and the Member States of the European Union. This Law shall apply also to relations between Belgium and the new Member States as from the date of their accession to the Union.

By way of exception, the European Convention on Extradition of 13 December 1957 and other conventions relating to extradition will continue to apply on a transitory basis :

1. with Member States which have not implemented the Framework Decision as from 1 January 2004 or on the date of their accession, and until these States will have notified to the Secretariat General of the Council of the Europan Union that they have put themselves into conformity;

2. for the surrender to Belgium (as requesting State) of persons :
a) sought after for acts committed before 1 November 1993 and arrested in France;
b) sought after for acts committed before 7 August 2002 and arrested in Austria or in Italy.
Periodo di efficacia: 26/04/2004 -
Articoli in questione : 28


Fonte: Ufficio dei Trattati, http://conventions.coe.int - * Disclaimer.