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766-(4)

II SÉRIE-A — NÚMERO 41

who enjoys his status as such by virtue of functions which he exercises on behalf of mat State.

2—Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.

3 — This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 4 — States Parties shall co-operate in the prevention of the crimes set forth in article 2, particularly by:

a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories;

b) Exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

Article 5 — 1 —The State Party in which any of the crimes set forth in articled has been committed shall, if it has reason to believe that all alleged offender has fled from its territory, communicate to all other States concerned, directly or through the Secretary-General of the United Nations, all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender.

2 — Whenever any of the crimes set forth in article 2 has been committed against an internationally protected person, any State Party which has information concerning the victim and the circumstances of the crime shall endeavour to transmit it, under the conditions provided for in its internal law, fully and prompUy to die State Party on whose behalf he was exercising his functions.

Article 6 — 1 — Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take die appropriate measures under its mternal law so as to ensure bis presence for the purpose of prosecution or extradition. Such measures shall be notified without delay direcüy or through the Secretary-General of the United Nations to:

a) The State where die crime was committed;

b) The State or States of which the alleged offender is a national or, if he is a stateless person, 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 he was exercising his functions;

d) All other States concerned; and

e) The international organization of which die internationally protected person concerned is an official or an agent.

2 — Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

a) To communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if be is a stateless person, which he requests and which is willing to protect his rights; and

b) To be visited by a representative of that State.

Article 7 — The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 8 — 1 — To the extent that the crimes set forth in article 2 are not listed as extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein. States Parties undertake to include those crimes as extraditable offences in every future extradition treaty to be concluded between them.

2 — If a State Party which makes extradition conditional on die existence of a treaty receives a request for extradition from another State Party with it has no extradition treaty, it may, if it decides to extradite, consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the procedural provisions and die other conditions of die law of die requested State.

. 3 — States Parties which do not make extradition conditional on the existence of a treaty shall recognize those crimes as extraditable offences between themselves subject to the procedural provisions and the other conditions of the law of the requested State.

4 — Each of die crimes shall be treated, for die purpose of extradition between States Parties, as if it had been committed not only in die place in which it occured but also in die territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3.

Article 9 — Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in article 2 shall be guaranteed fair treatment at all stages of the proceedings.

Article 10 — 1 — States Parties shall afford one another the greatest measure of assistance in connexion whith criminal proceedings brought in respect of the crimes set forth in article 2, including die supply of all evidence at their disposal necessary for the proceedings.

2 — The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

Article 11 — The State Party where an alleged offender is procecuted shall communicate the final outcome of the proceedings 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 the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties.

Article 13 — 1 — Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by 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 agree on the organization of the arbitration, any one of those Parties may refer the dispute to die International Court of Justice by request in conformity with the Statute of the Court.

2 — Each State Party may at die time of signature or ratification of this Convention or accession thereto declare