Reservations and Declarations for Treaty No.182 - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 18/08/2019

Turkey

Declaration contained in the instrument of ratification deposited on 11 July 2016 - Or. Engl.

In accordance with Article 4, paragraph 8.b and c of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that it reserves the right to ensure that:

- requests, except urgent ones, are forwarded to the Central Authority designated in the declaration;
- in case of direct transmission to the judicial authorities for reasons of urgency, a copy of the request is transmitted simultaneously to the Central Authority.
Period covered: 01/11/2016 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 11 July 2016 - Or. Engl.

In accordance with Article 11, paragraph 4, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that it reserves the right not to be bound by the conditions imposed by Article 11, paragraph 2, of the Protocol unless it receives prior notice of the nature of the information to be provided by the other State and that the information is to be forwarded to another person.
Period covered: 01/11/2016 -
Articles concerned : 11

Declaration contained in the instrument of ratification deposited on 11 July 2016 - Or. Engl.

In accordance with Article 27 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Republic of Turkey declares that for the purposes of Article 1, paragraph 3, administrative authorities are those that are authorized to impose administrative sanctions which may be subject to proceedings before a judicial authority having jurisdiction in criminal matters.
Period covered: 01/11/2016 -
Articles concerned : 27

Declaration contained in the instrument of ratification deposited on 11 July 2016 - Or. Engl.

Turkey declares that its signing/ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, nor should it imply any obligations on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters.

“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish Cypriots in accordance with international treaties. This partnership was destroyed by the Greek Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the Partnership State in 1963 have organized themselves under their territorial boundaries and exercise governmental authority, jurisdiction and sovereignty. There is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority, jurisdiction or sovereignty over the Turkish Cypriots who have equal status or over the entire Island of Cyprus.
Period covered: 01/11/2016 -
Articles concerned : -


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