On the accession of the Republic of Kazakhstan to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
Decree of the President of the Republic of Kazakhstan dated January 23, 1996 N 2792
I decree:
1. The Republic of Kazakhstan shall accede to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted in New York on December 14, 1973.
2. This Decree shall enter into force from the date of publication. The President of the Republic of Kazakhstan Informal text of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of the States Parties to this Convention, taking into account the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the development of friendly relations and cooperation between States, considering that crimes against diplomatic agents and other persons enjoying international protection, threatening the safety of these persons, They pose a serious threat to the maintenance of normal international relations, which are necessary for cooperation between States, considering that the commission of such crimes causes serious concern to the international community, being convinced that there is an urgent need to take appropriate and effective measures to prevent and punish such crimes, agreed as follows:
Article 1 For the purposes of this Convention:
1. "Internationally protected person" means: a) the head of State, including each member of the collegial body performing the functions of head of State in accordance with the Constitution of the relevant State, or the head of Government, or the Minister of Foreign Affairs, who are in a foreign country, as well as accompanying members of his family; (b) Any representative or official of a State, or any official or other agent of an intergovernmental international organization, who, at the time when a crime was committed against him, his official premises, his living quarters or his vehicles, and at the place where such crime was committed, is entitled, in accordance with international law, to special protection from any attack on his personality, freedom and dignity, as well as members of his family living with him.
2. An "alleged offender" is a person against whom there is evidence sufficient to establish prima facie that he has committed or participated in one or more of the crimes provided for in article 2.
Article 2
1. The deliberate commission of: (a) murder, abduction or other attack against the person or freedom of an internationally protected person; (b) a violent attack on the official premises, living quarters or vehicles of an internationally protected person that may endanger the person or freedom of the latter; (c) threats of any such attack; (d) attempts to any such attack; and (e) Acting as an accomplice to any such attack should be considered an offence by each State Party in accordance with its domestic law.
2. Each State Party shall provide for appropriate penalties for such offences, taking into account their grave nature.
3. Paragraphs 1 and 2 of this article in no way relieve States Parties of their obligations under international law to take all appropriate measures to prevent other attacks on the person, freedom and dignity of an internationally protected person.
Article 3
1. Each State Party shall take the necessary measures to establish its jurisdiction over the offences provided for in article 2 in the following cases: (a) when the offence 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 offence committed against a person enjoying international protection within the meaning of article 1 and having the status of such in connection with the functions that he performs on behalf of that State.
2. Each State Party shall similarly take the necessary measures to establish its jurisdiction over these offences if the accused is present in its territory and it does not extradite him in accordance with article 8 to any of the States referred to in paragraph 1 of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
Article 4 States Parties shall cooperate in the prevention of the offences provided for in article 2, in particular by: (a) taking all practicable measures to prevent preparations within their respective territories for the commission of these offences within or outside their territory; (b) exchanging information and coordinating the adoption of administrative and other appropriate measures in order to to prevent the commission of such crimes.
Article 5 1. A State Party in whose territory one or more of the offences provided for in article 2 has been committed, if it has reason to believe that the alleged offender has left its territory, shall inform all other interested States, either directly or through the Secretary-General of the United Nations, of all the facts relevant to the crime committed, and also, all the information at his disposal regarding the identification of the alleged offender. 2. In the case of the commission of any of the crimes provided for in article 2 against an internationally protected person, each State Party that has information about the victim and the circumstances of the commission of the crime shall make efforts to provide it, under conditions provided for by the relevant legislation of the State, fully and in a timely manner to the State Party on whose behalf that person carried out his functions.
Article 6
1. Having satisfied itself that the circumstances so require, the State Party in whose territory the alleged offender is located shall, in accordance with its domestic law, take appropriate measures to ensure his presence for the purposes of criminal prosecution or extradition. These measures shall be promptly notified, either directly or through the Secretary-General of the United Nations: (a) To the State in whose territory the crime was committed; (b) The State or States of which the alleged offender is a national or, if he is stateless, 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 it has performed its functions; (d) to all other States concerned; and (e) to an intergovernmental international organization whose agent or any official is a relevant internationally protected person.
2. Any person against whom the measures referred to in paragraph 1 of this article are being taken shall be given the opportunity to: (a) immediately contact the nearest appropriate representative of the State of which he is a national or who is otherwise competent to protect his rights or, if he is stateless, to whom he requests and who, in accordance with to protect his rights; and (b) visits by a representative of that State.
Article 7 The State Party in whose territory the alleged offender finds himself, in the event that it does not extradite him, shall transfer the case, without any exceptions and without undue delay, to its competent authorities for the purpose of criminal prosecution in compliance with the procedures established by the laws of that State.
Article 8
1. If the offences provided for in article 2 are not included as extraditable offences in any extradition treaty between the participating States, they shall be deemed to be included as such in any relevant treaty between them. The participating States undertake to include such offences as extraditable offences in any extradition treaty concluded between them.
2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may, if it decides to extradite the offender, consider this Convention as the legal basis for extradition in connection with those offences. Extradition is carried out in accordance with the procedural provisions and other conditions of the legislation of the State to which the extradition request is addressed.
3. States Parties that do not make extradition conditional on the existence of a treaty shall treat such offences as extraditable offences in their relations with each other, subject to the procedural provisions and other conditions of the legislation of the State to which the extradition request is addressed.
4. Each of these offences shall be treated by the States Parties for the purpose of extradition as if it were committed not only in the place where it was committed, but also in the territory of the States that are required to establish their jurisdiction in accordance with paragraphs 1 (b) and (c) of article 3.
Article 9 Any person against whom proceedings are being conducted in connection with any of the offences provided for in article 2 shall be guaranteed a fair hearing at all stages of the proceedings.
Article 10
1. States Parties shall provide each other with the fullest possible legal assistance in connection with criminal procedural actions taken in relation to the offences provided for in article 2, including the provision of all evidence at their disposal necessary for judicial proceedings.
2. The provisions of paragraph 1 of this article shall not affect the obligation on mutual legal assistance established by any other treaty.
Article 11 A State Party that has initiated criminal proceedings against an alleged offender shall report their final results 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 Asylum Treaties in force at the time of the adoption of this Convention between States Parties to these Treaties; however, a State Party to this Convention may not resort to these Treaties in respect of another State Party to this Convention that is not a party to these Treaties.
Article 13 1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that is not settled through 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 reach an agreement on the organization of the arbitration, the dispute may, at the request of either party, be referred to the International Court of Justice in accordance with the Statute of the Court. 2. Each State Party may, at the time of signing, ratifying, or acceding to this Convention, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties will not be bound by the provisions of paragraph 1 of this article in respect of any State Party that has made such a reservation. 3. Any State Party that 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 December 31, 1974, at the Headquarters of the United Nations 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 is 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 after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification or accession.
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 the deposit by that State of its instrument of ratification or accession.
Article 18
1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations.
2. Denunciation shall take effect six months after the date of receipt of the notification 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 the signature of this Convention, the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16, and the notification made in accordance with article 18; (b) of the date of entry into force of this Convention in accordance with in accordance with article 17.
Article 20 The original text 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 to all States.
In witness whereof, we, the undersigned, being duly authorized by our respective Governments, have signed this Convention, which was opened for signature in New York on December 14th, 1973.
President
Republic of Kazakhstan
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