On the accession of the Republic of Kazakhstan to the International Convention against Hostage-taking
ORDER OF THE 3rd PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN dated January 24, 1996 N 2816
I DECREE:
1. The Republic of Kazakhstan shall accede to the International Convention against the Taking of Hostages, adopted in New York on December 18, 1979.
2. This Decree shall enter into force from the date of publication. The President of the Republic of Kazakhstan Appendix (Unofficial text) Convention against the Taking of Hostages (New York, December 18, 1979) The States Parties to this Convention. Bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the development of friendly relations and cooperation among States, recognizing in particular that everyone has the right to life, personal liberty and security, as provided for in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, Reaffirming the principle of equal rights and self-determination of peoples, proclaimed in the Charter of the United Nations and in the Declaration on Principles of International Law, Regarding friendly relations and cooperation between States in accordance with the Charter of the United Nations, as well as other relevant General Assembly resolutions, Considering that hostage-taking is a crime of serious concern to the international community and that, in accordance with the provisions of this Convention, any person who commits an act of hostage-taking is either criminalized or issuance, being convinced that, That there is an urgent need to develop international cooperation between States in developing and adopting effective measures to prevent, prosecute and punish all acts of hostage-taking as manifestations of international terrorism, agreed as follows:
Article 1
1. Any person who captures or holds another person and threatens to kill, injure or continue to hold another person (hereinafter referred to as "hostage") in order to force a third party, namely a State, an international intergovernmental organization, any natural or legal person or group of persons to commit or To refrain from committing any act as a direct or indirect condition for the release of a hostage commits the offence of hostage-taking within the meaning of this Convention.
2. Any person who (a) attempts to commit an act of hostage-taking or (b) participates as an accomplice of any person who commits or attempts to commit an act of hostage-taking is also committing an offence for the purposes of this Convention.
Article 2 Each State Party shall provide for appropriate penalties for the offences referred to in article 1, taking into account the grave nature of those offences.
Article 3
1. The State Party in whose territory a hostage taken by an offender is being held shall take all measures it deems appropriate to alleviate the hostage's situation, in particular to ensure his release and facilitate, where appropriate, his departure after release.
2. If any object acquired by the perpetrator as a result of hostage-taking is in the possession of a State Party, that State Party shall return it as soon as possible to the hostage or to the third party referred to in article 1, as appropriate, or to the relevant authorities of its country.
Article 4
The State Party shall cooperate in the prevention of the offences referred to in article 1, in particular by: (a) Taking all practical measures to prevent preparations within their respective territories for the commission of these offences within or outside their territory, including measures to prohibit illegal activities of individuals, groups and organizations within their territory; who encourage, incite, organize, or participate in acts of hostage-taking; (b) The exchange of information and the coordination of administrative and other appropriate measures to prevent the commission of such crimes.
Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences referred to in article 1 that have been committed: (a) on its territory or on board a ship or aircraft registered in that State; (b) by any of its nationals or, if the said State considers it appropriate to do so by stateless persons who habitually reside on its territory; c) in order to compel that State to commit an act or refrain from committing it; or (d) In relation to a hostage who is a national of the said State, if that State deems it appropriate.
2. Each State Party shall similarly take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in the territory of that State and it does not extradite to any State referred to in paragraph 1 of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with domestic law.
Article 6
1. Having satisfied itself that the circumstances so require, any State Party in whose territory the alleged offender is located shall, in accordance with its laws, detain him or take other measures to ensure his presence for as long as necessary in order to institute criminal proceedings or take extradition action. Such a State Party shall immediately conduct a preliminary investigation of the facts.
2. The detention or other measures referred to in paragraph 1 of this article 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) to the State against which coercion or attempted coercion was directed; (c) to the State whose national which is an individual or a legal entity, against whom coercion or attempted coercion was directed; (d) The State of which the hostage is a national or in whose territory he habitually resides; (e) The State of which the alleged offender is a national or, if he is a stateless person, in whose territory he habitually resides; (f) The international intergovernmental organization against which coercion or attempted coercion was directed; (g) to all other interested States.
3. Any person in respect of whom the measures provided for in paragraph 1 of this article are being taken shall be granted the right: (a) to contact without delay the nearest appropriate representative of the State of which he is a national or who is otherwise authorized to establish such contact, or if he is a stateless person of the State in whose territory he habitually resides; b) a visit by a representative of that State.
4. The rights referred to in paragraph 3 of this article must be exercised in accordance with the laws and regulations of the State in whose territory the alleged offender is located, provided, however, that these laws and regulations must contribute to the full realization of the purposes for which the rights granted in accordance with paragraph 3 of this article are intended.
5. The provisions of paragraphs 3 and 4 of this article are without prejudice to the right of any State Party claiming jurisdiction in accordance with paragraph 1b of article 5 to request the International Committee of the Red Cross to contact or visit the alleged offender.
6. The State that carries out the preliminary investigation provided for in paragraph 1 of this article shall immediately inform the States or organizations referred to in paragraph 2 of this article of the data it has received and indicate whether it intends to exercise jurisdiction.
Article 7
The State Party in whose territory the alleged offender is being prosecuted shall, in accordance with its legislation, inform the Secretary-General of the United Nations of the final results of the proceedings, who shall transmit this information to other interested States and interested international intergovernmental organizations.
Article 8
1. The State Party in whose territory the alleged offender is located, if it does not extradite him, shall, without any exceptions and regardless of whether the offence was committed on its territory, transfer the case to its competent authorities for the purpose of criminal prosecution through judicial proceedings in accordance with the laws of that State. These authorities make a decision in the same way as in the case of an ordinary serious crime in accordance with the legislation of that State.
2. Any person who is subject to judicial proceedings in connection with any of the offences referred to in article 1 shall be guaranteed fair treatment at all stages of the judicial proceedings, including the enjoyment of all rights and guarantees provided for by the legislation of the State in whose territory he is located.
Article 9
1. A request for the extradition of an alleged offender in accordance with this Convention shall not be granted if the State Party to which the extradition request is addressed has reasonable grounds to believe: (a) that the request for extradition for the commission of an offence referred to in article 1 was made with the aim of prosecuting or punishing a person for reasons related to his racial, religious, national or ethnic affiliation or political views; or b) that the position of this person may be harmed: (i) for any of the reasons mentioned in paragraph a of this paragraph, (ii) for the reason that the relevant authorities of the State entitled to exercise the rights of protection cannot contact him.
2. With regard to the offences referred to in the article, the provisions of all extradition treaties and agreements applicable between States Parties to the extent that they are incompatible with this Convention.
Article 10
1. The offences referred to in article 1 shall be deemed to be subject to inclusion as extraditable offences in any extradition treaty existing between the Participating States. 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, the State to which the extradition request is addressed may, at its discretion, consider this Convention as the legal basis for the offences set forth in article 1. the grounds for the issue. Extradition is carried out in accordance with other conditions stipulated by 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 the offences referred to in article 1 as extraditable offences between themselves in accordance with the conditions provided for by the legislation of the State to which extradition is requested.
4. The offences referred to in article 1 shall be treated by the Participating States for the purposes of extradition as if they had been committed not only in the place where they were committed, but also in the territory of the States which are required to establish their jurisdiction in accordance with paragraph 1 of article 5.
Article 11
1. States Parties shall provide each other with the fullest possible assistance in connection with criminal procedural actions taken in respect of the offences set forth in article 1, including the presentation of all evidence at their disposal necessary for judicial proceedings.
2. The provisions of paragraph 1 of this article shall not affect the obligations on mutual legal assistance established by any other treaty.
Article 12
To the extent that the Geneva Conventions of 1949 for the Protection of Victims of War or the Additional Protocols to those Conventions applicable to any particular act of hostage-taking, and to the extent that the States Parties to this Convention are required by the aforementioned Conventions to prosecute or extradite the hostage-taker, this Convention The Convention does not apply to the act of hostage-taking committed during armed conflicts, as defined, in particular, in the Geneva Conventions of 1949 and their Protocols, including armed conflicts., referred to in paragraph 4 of Article I of Additional Protocol I of 1977, in which peoples, exercising their right to self-determination, embodied in the Charter of the United Nations and the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States, in accordance with the Charter of the United Nations, are fighting against colonial rule and foreign occupation and racist regimes.
Article 13
This Convention does not apply in cases where the crime was committed within the same State, when the hostage and the alleged offender are nationals of that State and when the alleged offender is located on the territory of that State.
Article 14 Nothing in this Convention may be interpreted as justifying the violation of the territorial integrity or political independence of any State, contrary to the Charter of the United Nations.
Article 15
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 16
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 arbitration, the dispute may, at the request of either party, be referred to the International Court of Justice in accordance with the Status of the Court.
2. Each State may, at the time of signing or ratifying this Convention, or upon accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties will not be bound by 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 17
1. This Convention shall be open for signature by all States until December 31, 1980, at the Headquarters of the United Nations in New York.
2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. 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 18
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 that ratifies or accedes to this 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 19
1. Any State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations.
2. Denunciation shall take effect one year after the date of receipt of the notification to the Secretary-General of the United Nations.
Article 20
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies of this Convention to all States.
In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, which was opened for signature in New York on December 18, 1979.
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
