3 DE OUTUBRO DE 2018

21

Anexos

Third Additional Protocol to the European Convention on Extradition

The member States of the Council of Europe, signatory to this Protocol,

Considering that the aim of the Council of Europe is to achieve greater unity between its members;

Desirous of strengthening their individual and collective ability to respond to crime;

Having regard to the provisions of the European Convention on Extradition (ETS No. 24) opened for signature

in Paris on 13 December 1957 (hereinafter referred to as “the Convention”), as well as the two Additional

Protocols thereto (ETS Nos. 86 and 98), done at Strasbourg on 15 October 1975 and on 17 March 1978,

respectively;

Considering it desirable to supplement the Convention in certain respects in order to simplify and accelerate

the extradition procedure when the person sought consents to extradition,

Have agreed as follows:

Article 1

Obligation to extradite under the simplified procedure

Contracting Parties undertake to extradite to each other under the simplified procedure as provided for by this

Protocol persons sought in accordance with Article 1 of the Convention, subject to the consent of such persons

and the agreement of the requested Party.

Article 2

Initiation of the procedure

1 – When the person sought is the subject of a request for provisional arrest in accordance with Article 16 of

the Convention, the extradition referred to in Article 1 of this Protocol shall not be subject to the submission of a

request for extradition and supporting documents in accordance with Article 12 of the Convention. The following

information provided by the requesting Party shall be regarded as adequate by the requested Party for the

purpose of applying Articles 3 to 5 of this Protocol and for taking its final decision on extradition under the

simplified procedure:

a) The identity of the person sought, including his or her nationality or nationalities when available;

b) The authority requesting the arrest;

c) The existence of an arrest warrant or other document having the same legal effect or of an enforceable

judgment, as well as a confirmation that the person is sought in accordance with Article 1 of the Convention;

d) The nature and legal description of the offence, including the maximum penalty or the penalty imposed in

the final judgment, including whether any part of the judgment has already been enforced;

e) Information concerning lapse of time and its interruption;

f) A description of the circumstances in which the offence was committed, including the time, place and degree

of involvement of the person sought;

g) In so far as possible, the consequences of the offence;

h) In cases where extradition is requested for the enforcement of a final judgment, whether the judgment was

rendered in absentia.

2 – Notwithstanding paragraph 1, supplementary information may be requested if the information provided for

in the said paragraph is insufficient to allow the requested Party to decide on extradition.

3 – In cases where the requested Party has received a request for extradition in accordance with Article 12 of

the Convention, this Protocol shall apply mutatis mutandis.