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II SÉRIE-A — NÚMERO 28

Artigo 2.°

Ao texto da Convenção é formulada a seguinte reserva:

Portugal não extradita por facto punível com pena de morte ou com pena de prisão perpétua segundo a lei do Estado requerente nem por infracção a que corresponda medida de segurança com carácter perpétuo.

Aprovada em 13 de Janeiro de 1994.

O Presidente da Assembleia da República, António Moreira Barbosa de Melo.

CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS, INCLUDING DIPLOMATIC AGENTS.

The States Parties to this Convention:

Having in mind the purpose and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation among States;

Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States;

Believing that the commission of such crimes is a matter of grave concern to the international community;

Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes;

have agreed as follows:

Article I

For the purposes of this Convention:

1) «Internationally protected person» means:

a) A Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompanied him;

b) Any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;

2) «Alleged offender* means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in article 2.

Article 2

1 — The intentional commission of:

a) A murder, kidnapping or other attack upon the person or liberty of an internationally protected person;

b) A violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty;

c) A threat to commit any such attack;

d) An attempt to commit any such attack; and

e) An act constituting participation as an accomplice in any such attack;

shall be made by each State Party a crime under its internal law.

2 — Each State Party shall make these crimes punishable by appropriate penalties which take into account their grave nature.

3 — Paragraphs 1 and 2 of this article in no way derogate from the obligations of States Parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.

Article 3

1 —Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set forth in article 2 in the following cases:

a) When the crime 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 crime is committed against an internationally protected person as defined in article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that 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;