The governments signatory hereto, being members of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve a greater unity between
Considering that this purpose can be attained by the conclusion of agreements and by
common action in legal matters;
Considering that the acceptance of uniform rules with regard to extradition is likely to
assist this work of unification,
Have agreed as follows:
Article 1 Obligation to extradite
The Contracting Parties undertake to surrender to each other, subject to the provisions
and conditions laid down in this Convention,
all persons against whom the competent
authorities of the requesting Party are proceeding for an offence or who are wanted by the
said authorities for the carrying out of a sentence or detention order.
Article 2 Extraditable offences
- Extradition shall be granted in respect of offences punishable under the laws of the
requesting Party and of the requested Party
by deprivation of liberty or under a detention
order for a maximum period of at least one year or by a more severe penalty. Where
conviction and prison sentence have occurred or a detention order has been made in the
territory of the requesting Party,
the punishment awarded must have been for a period of
at least four months.
- If the request for extradition includes several separate offences each of which is
punishable under the laws of the requesting
Party and the requested Party by deprivation
of liberty or under a detention order, but of which some do not fulfil the condition
regard to the amount of punishment which may be awarded, the requested Party shall also
have the right to grant extradition
for the latter offences.
- Any Contracting Party whose law does not allow extradition for certain of the offences
referred to in paragraph 1 of this article
may, in so far as it is concerned, exclude such
offences from the application of this Convention.
- Any Contracting Party which wishes to avail itself of the right provided for in
paragraph 3 of this article shall, at the time
of deposit of its instrument of
ratification or accession, transmit to the Secretary General of the Council of Europe
a list of the offences for which extradition is allowed or a list of those for
which it is excluded and shall at the same time
indicate the legal provisions which allow
or exclude extradition. The Secretary General of the Council shall forward these lists
the other signatories.
- If extradition is subsequently excluded in respect of other offences by the law of a
Contracting Party, that Party shall notify
the Secretary General. The Secretary General
shall inform the other signatories. Such notification shall not take effect until
months from the date of its receipt by the Secretary General.
- Any Party which avails itself of the right provided for in paragraphs 4 or 5 of this
article may at any time apply this Convention
to offences which have been excluded from
it. It shall inform the Secretary General of the Council of such changes, and the
Secretary General shall inform the other signatories.
- Any Party may apply reciprocity in respect of any offences excluded from the application
of the Convention under this article.
Article 3 Political offences
- Extradition shall not be granted if the offence in respect of which it is requested is
regarded by the requested Party as a political
offence or as an offence connected with a
- The same rule shall apply if the requested Party has substantial grounds for believing
that a request for extradition for an ordinary
criminal offence has been made for the
purpose of prosecuting or punishing a person on account of his race, religion, nationality
or political opinion, or that that person's position may be prejudiced for any of these
- The taking or attempted taking of the life of a Head of State or a member of his family
shall not be deemed to be a political
offence for the purposes of this Convention.
- This article shall not affect any obligations which the Contracting Parties may have
undertaken or may undertake under any other
international convention of a multilateral
Article 4 Military offences
Extradition for offences under military law which are not offences under ordinary
criminal law is excluded from the application
of this Convention.
Article 5 Fiscal offences
Extradition shall be granted, in accordance with the provisions of this Convention, for
offences in connection with taxes, duties,
customs and exchange only if the Contracting
Parties have so decided in respect of any such offence or category of offences.
Article 6 Extradition of nationals
- A Contracting Party shall have the right to refuse extradition of its nationals.
- Each Contracting Party may, by a declaration made at the time of signature or of deposit
of its instrument of ratification or
accession, define as far as it is concerned the term
"nationals" within the meaning of this Convention.
- Nationality shall be determined as at the time of the decision concerning extradition.
If, however, the person claimed is first
recognised as a national of the requested Party
during the period between the time of the decision and the time contemplated
surrender, the requested Party may avail itself of the provision contained in
sub-paragraph a of this article.
- If the requested Party does not extradite its national, it shall at the request of the
requesting Party submit the case to its
competent authorities in order that proceedings
may be taken if they are considered appropriate. For this purpose, the files,
and exhibits relating to the offence shall be transmitted without charge by the means
provided for in Article
12, paragraph 1. The requesting Party shall be informed of the
result of its request.
Article 7 Place of commission
- The requested Party may refuse to extradite a person claimed for an offence which is
regarded by its law as having been committed
in whole or in part in its territory or in a
place treated as its territory.
- When the offence for which extradition is requested has been committed outside the
territory of the requesting Party, extradition
may only be refused if the law of the
requested Party does not allow prosecution for the same category of offence when committed
outside the latter Party's territory or does not allow extradition for the offence
Article 8 Pending proceedings for the same offences
The requested Party may refuse to extradite the person claimed if the competent
authorities of such Party are proceeding against
him in respect of the offence or offences
for which extradition is requested.
Article 9 Non bis in idem
Extradition shall not be granted if final judgment has been passed by the competent
authorities of the requested Party upon the
person claimed in respect of the offence or
offences for which extradition is requested. Extradition may be refused if the competent
authorities of the requested Party have decided either not to institute or to terminate
proceedings in respect of the same offence
Article 10 Lapse of time
Extradition shall not be granted when the person claimed has, according to the law of
either the requesting or the requested Party,
become immune by reason of lapse of time
from prosecution or punishment.
Article 11 Capital punishment
If the offence for which extradition is requested is punishable by death under the law
of the requesting Party, and if in respect
of such offence the death-penalty is not
provided for by the law of the requested Party or is not normally carried out, extradition
may be refused unless the requesting Party gives such assurance as the requested Party
considers sufficient that the death-penalty
will not be carried out.
Article 12 The request and supporting documents
- The request shall be in writing and shall be communicated through the diplomatic
channel. Other means of communication may be
arranged by direct agreement between two or
- The request shall be supported by:
- the original or an authenticated copy of the conviction and sentence or detention order
immediately enforceable or of the warrant
of arrest or other order having the same effect
and issued in accordance with the procedure laid down in the law of the requesting
- a statement of the offences for which extradition is requested. The time and place of
their commission, their legal descriptions
and a reference to the relevant legal
provisions shall be set out as accurately as possible; and
- a copy of the relevant enactments or, where this is not possible, a statement of the
relevant law and as accurate a description
as possible of the person claimed, together
with any other information which will help to establish his identity and nationality.
Article 13 Supplementary information
If the information communicated by the requesting Party is found to be insufficient to
allow the requested Party to make a decision
in pursuance of this Convention, the latter
Party shall request the necessary supplementary information and may fix a time-limit
the receipt thereof.
Article 14 Rule of speciality
- A person who has been extradited shall not be proceeded against, sentenced or detained
with a view to the carrying out of a sentence
or detention order for any offence committed
prior to his surrender other than that for which he was extradited, nor shall he
any other reason restricted in his personal freedom, except in the following cases:
- when the Party which surrendered him consents. A request for consent shall be submitted,
accompanied by the documents mentioned
in Article 12 and a legal record of any statement
made by the extradited person in respect of the offence concerned. Consent
shall be given
when the offence for which it is requested is itself subject to extradition in accordance
with the provisions
of this Convention;
- when that person, having had an opportunity to leave the territory of the Party to which
he has been surrendered, has not done
so within 45 days of his final discharge, or has
returned to that territory after leaving it.
- The requesting Party may, however, take any measures necessary to remove the person from
its territory, or any measures necessary
under its law, including proceedings by default,
to prevent any legal effects of lapse of time.
- When the description of the offence charged is altered in the course of proceedings, the
extradited person shall only be proceeded
against or sentenced in so far as the offence
under its new description is shown by its constituent elements to be an offence
would allow extradition.
Article 15 Re-extradition to a third state
Except as provided for in Article 14, paragraph 1.b, the requesting Party shall not,
without the consent of the requested Party,
surrender to another Party or to a third State
a person surrendered to the requesting Party and sought by the said other Party
State in respect of offences committed before his surrender. The requested Party may
request the production of the documents
mentioned in Article 12, paragraph 2.
Article 16 Provisional arrest
- In case of urgency the competent authorities of the requesting Party may request the
provisional arrest of the person sought.
The competent authorities of the requested Party
shall decide the matter in accordance with its law.
- The request for provisional arrest shall state that one of the documents mentioned in
Article 12, paragraph 2.a, exists and that
it is intended to send a request for
extradition. It shall also state for what offence extradition will be requested and when
and where such offence was committed and shall so far as possible give a description of
the person sought.
- A request for provisional arrest shall be sent to the competent authorities of the
requested Party either through the diplomatic
channel or direct by post or telegraph or
through the International Criminal Police Organisation (Interpol) or by any other means
affording evidence in writing or accepted by the requested Party. The requesting authority
shall be informed without delay
of the result of its request.
- Provisional arrest may be terminated if, within a period of 18 days after arrest, the
requested Party has not received the request
for extradition and the documents mentioned
in Article 12. It shall not, in any event, exceed 40 days from the date of such arrest.
The possibility of provisional release at any time is not excluded, but the requested
Party shall take any measures which
it considers necessary to prevent the escape of the
- Release shall not prejudice re-arrest and extradition if a request for extradition is
Article 17 Conflicting requests
If extradition is requested concurrently by more than one State, either for the same
offence or for different offences, the requested
Party shall make its decision having
regard to all the circumstances and especially the relative seriousness and place of
of the offences, the respective dates of the requests, the nationality of the
person claimed and the possibility of subsequent
extradition to another State.
Article 18 Surrender of the person to be extradited
- The requested Party shall inform the requesting Party by the means mentioned in Article
12, paragraph 1, of its decision with
regard to the extradition.
- Reasons shall be given for any complete or partial rejection.
- If the request is agreed to, the requesting Party shall be informed of the place and
date of surrender and of the length of time
for which the person claimed was detained with
a view to surrender.
- Subject to the provisions of paragraph 5 of this article, if the person claimed has not
been taken over on the appointed date,
he may be released after the expiry of 15 days and
shall in any case be released after the expiry of 30 days. The requested Party
to extradite him for the same offence.
- If circumstances beyond its control prevent a Party from surrendering or taking over the
person to be extradited, it shall notify
the other Party. The two Parties shall agree a
new date for surrender and the provisions of paragraph 4 of this article shall
Article 19 Postponed or conditional surrender
- The requested Party may, after making its decision on the request for extradition,
postpone the surrender of the person claimed
in order that he may be proceeded against by
that Party or, if he has already been convicted, in order that he may serve his
in the territory of that Party for an offence other than that for which extradition is
- The requested Party may, instead of postponing surrender, temporarily surrender the
person claimed to the requesting Party in
accordance with conditions to be determined by
mutual agreement between the Parties.
Article 20 Handing over of property
- The requested Party shall, in so far as its law permits and at the request of the
requesting Party, seize and hand over property:
- which may be required as evidence, or
- which has been acquired as a result of the offence and which, at the time of the arrest,
is found in the possession of the person
claimed or is discovered subsequently.
- The property mentioned in paragraph 1 of this article shall be handed over even if
extradition, having been agreed to, cannot
be carried out owing to the death or escape of
the person claimed.
- When the said property is liable to seizure or confiscation in the territory of the
requested Party, the latter may, in connection
with pending criminal proceedings,
temporarily retain it or hand it over on condition that it is returned.
- Any rights which the requested Party or third parties may have acquired in the said
property shall be preserved. Where these rights
exist, the property shall be returned
without charge to the requested Party as soon as possible after the trial.
Article 21 Transit
- Transit through the territory of one of the Contracting Parties shall be granted on
submission of a request by the means mentioned
in Article 12, paragraph 1, provided that
the offence concerned is not considered by the Party requested to grant transit as
offence of a political or purely military character having regard to Articles 3 and 4 of
- Transit of a national, within the meaning of Article 6, of a country requested to grant
transit may be refused.
- Subject to the provisions of paragraph 4 of this article, it shall be necessary to
produce the documents mentioned in Article
12, paragraph 2.
- If air transport is used, the following provisions shall apply:
- when it is not intended to land, the requesting Party shall notify the Party over whose
territory the flight is to be made and
shall certify that one of the documents mentioned
in Article 12, paragraph 2.a exists. In the case of an unscheduled landing,
notification shall have the effect of a request for provisional arrest as provided for in
Article 16, and the requesting
Party shall submit a formal request for transit;
- when it is intended to land, the requesting Party shall submit a formal request for
- A Party may, however, at the time of signature or of the deposit of its instrument of
ratification of, or accession to, this Convention,
declare that it will only grant transit
of a person on some or all of the conditions on which it grants extradition. In that
event, reciprocity may be applied.
- The transit of the extradited person shall not be carried out through any territory
where there is reason to believe that his
life or his freedom may be threatened by reason
of his race, religion, nationality or political opinion.
Article 22 Procedure
Except where this Convention otherwise provides, the procedure with regard to
extradition and provisional arrest shall be governed
solely by the law of the requested
Article 23 Language to be used
The documents to be produced shall be in the language of the requesting or requested
Party. The requested Party may require a translation
into one of the official languages of
the Council of Europe to be chosen by it.
Article 24 Expenses
- Expenses incurred in the territory of the requested Party by reason of extradition shall
be borne by that Party.
- Expenses incurred by reason of transit through the territory of a Party requested to
grant transit shall be borne by the requesting
- In the event of extradition from a non-metropolitan territory of the requested Party,
the expenses occasioned by travel between
that territory and the metropolitan territory of
the requesting Party shall be borne by the latter. The same rule shall apply
occasioned by travel between the non-metropolitan territory of the requested Party and its
Article 25 Definition of "detention order"
For the purposes of this Convention, the expression "detention order" means
any order involving deprivation of liberty
which has been made by a criminal court in
addition to or instead of a prison sentence.
Article 26 Reservations
- Any Contracting Party may, when signing this Convention or when depositing its
instrument of ratification or accession, make a
reservation in respect of any provision or
provisions of the Convention.
- Any Contracting Party which has made a reservation shall withdraw it as soon as
circumstances permit. Such withdrawal shall be
made by notification to the Secretary
General of the Council of Europe.
- A Contracting Party which has made a reservation in respect of a provision of the
Convention may not claim application of the
said provision by another Party save in so far
as it has itself accepted the provision.
Article 27 Territorial application
- This Convention shall apply to the metropolitan territories of the Contracting Parties.
- In respect of France, it shall also apply to Algeria and to the overseas Departments
and, in respect of the United Kingdom of
Great Britain and Northern Ireland, to the
Channel Islands and to the Isle of Man.
- The Federal Republic of Germany may extend the application of this Convention to the Land
of Berlin by notice addressed to the Secretary General of the Council of Europe, who
shall notify the other Parties of such declaration.
- By direct arrangement between two or more Contracting Parties, the application of this
Convention may be extended, subject to
the conditions laid down in the arrangement, to any
territory of such Parties, other than the territories mentioned in paragraphs
1, 2 and 3
of this article, for whose international relations any such Party is responsible.
Article 28 Relations between this Convention and bilateral Agreements
- This Convention shall, in respect of those countries to which it applies, supersede the
provisions of any bilateral treaties,
conventions or agreements governing extradition
between any two Contracting Parties.
- The Contracting Parties may conclude between themselves bilateral or multilateral
agreements only in order to supplement the provisions
of this Convention or to facilitate
the application of the principles contained therein.
- Where, as between two or more Contracting Parties, extradition takes place on the basis
of a uniform law, the Parties shall be
free to regulate their mutual relations in respect
of extradition exclusively in accordance with such a system notwithstanding
of this Convention. The same principle shall apply as between two or more Contracting
Parties each of which
has in force a law providing for the execution in its territory of
warrants of arrest issued in the territory of the other Party
or Parties. Contracting
Parties which exclude or may in the future exclude the application of this Convention as
themselves in accordance with this paragraph shall notify the Secretary General of
the Council of Europe accordingly. The Secretary
General shall inform the other
Contracting Parties of any notification received in accordance with this paragraph.
Article 29 Signature, ratification and entry into force
- This Convention shall be open to signature by the members of the Council of Europe. It
shall be ratified. The instruments of ratification
shall be deposited with the Secretary
General of the Council.
- The Convention shall come into force 90 days after the date of deposit of the third
instrument of ratification.
- As regards any signatory ratifying subsequently the Convention shall come into force 90
days after the date of the deposit of
its instrument of ratification.
Article 30 Accession
- The Committee of Ministers of the Council of Europe may invite any State not a member of
the Council to accede to this Convention,
provided that the resolution containing such
invitation receives the unanimous agreement of the members of the Council who have
ratified the Convention.
- Accession shall be by deposit with the Secretary General of the Council of an instrument
of accession, which shall take effect
90 days after the date of its deposit.
Article 31 Denunciation
Any Contracting Party may denounce this Convention in so far as it is concerned by
giving notice to the Secretary General of the
Council of Europe. Denunciation shall take
effect six months after the date when the Secretary General of the Council received
Article 32 Notifications
The Secretary General of the Council of Europe shall notify the members of the Council
and the government of any State which has
acceded to this Convention of:
- the deposit of any instrument of ratification or accession;
- the date of entry into force of this Convention;
- any declaration made in accordance with the provisions of Article 6, paragraph 1, and of
Article 21, paragraph 5;
- any reservation made in accordance with Article 26, paragraph 1;
- the withdrawal of any reservation in accordance with Article 26, paragraph 2;
- any notification of denunciation received in accordance with the provisions of Article
31 and by the date on which such denunciation
will take effect.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Done at Paris, this 13th day of December 1957, in English and French, both texts being
equally authentic, in a single copy which
shall remain deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall transmit
copies to the signatory governments.