6 DE JANEIRO DE 1994

189

6) In the territory of that State, including its territorial sea; or c) By a national of that State.

2 — A State Party may also establish its jurisdiction over any such offence when:

a) It is committed by a stateless person whose habitual residence is in that State; or

b) During its commission a national of that State is seized, threatened, injured or killed; or

c) It is committed in an attempt to compel that State to do or abstain from doing any act.

3 — Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-Genera) of the International Maritime Organization (hereinafter referred to as «the Secretary-General»). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

4 — Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordante wiht paragraphs 1 and 2 of this article.

5 — This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 7

1 — Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2 — Such State shall immediately make a preliminary inquiry into the facts, in accordance with its own legislation.

3 — Any person regarding whom the measures referred to in paragraph 1 are being taken shall be entitled to:

a) Communicate without delay with the nearest appropriate representantive of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;

b) Be visited by a representative of that State.

4 — The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or the alleged offender is present, subject to the proviso that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5 — When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify the States which have established jurisdiction in accordance with article 6, paragraph 1 and, if it considers it advisable, any other interested States, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdisction.'

Article 8.

1 — The master of a ship of a State Party (the flag State) may deliver to the authorities of any other State Party (the receiving State) any person who he has reasonable grounds to believe has committed one of the offences set forth in article 3.

2 — The flag State shall ensure that the master of its ship is obliged, whenever practicable, and if possible before entering the territorial sea of the receiving State carrying on board any person whom the master intends to deliver in accordance with paragraph 1, to give notification to the authorities of the receiving State of this intention to deliver such person and the reasons therefor.

3 — The receiving State shall accept the delivery, except where it has grounds to consider that the Convention is not applicable to the acts giving rise to the delivery, and shall proceed in accordance with the provisions of article 7. Any refusal to accept a delivery shall be accompanied by a statement of the reasons for refusal.

4 — The flag State shall ensure that the master of its ship is obliged to furnish the authorities of the receiving State with the evidence in the master's possession which pertains to the alleged offence.

5 — A receiving State which has accept the delivery of a person in accordance with paragraph 3 may, in turn, request the flag State to accept delivery of that person. The flag State shall consider any such request, and if it accedes to the request it shall proceed in accordance with article 7. If the flag State declines a request, it shall furnish the receiving State with a statement of the reasons therefor.

Article 9

Nothing in this Convention shall affect in any way the rules of international law pertaining to the competence of States to exercise investigative or enforcement jurisdiction on board ships not flying their flag.

Article 10

1 — The State Party in the territory of which the offender or the alleged offender is found shall, in cases to which article 6 applies, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decison in the same manner as in the case of any other offence of a grave nature under the law of that State.

2 — Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 3 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided for such proceedings by the law of the State in the territory of which he is present.

Article 11

1 — The offences set forth in article 3 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.