Europees Verdrag inzake het toezicht op voorwaardelijk veroordeelden of voorwaardelijk in vrijheid gestelden
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
België | Ja | Nee |
Estland | Ja | Nee |
Frankrijk | Ja | Nee |
Griekenland | Ja | Nee |
Italië | Ja | Nee |
Luxemburg | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Oekraïne | Ja | Nee |
Oostenrijk | Ja | Nee |
Slowakije | Ja | Nee |
Tsjechië | Ja | Nee |
Zweden | Ja | Nee |
België
21-09-1970
The Government of the Kingdom of Belgium declares that complete application shall
be refused if the person to whom the decision relates has been finally sentenced for
the same offence by the competent authorities of a third State and if, having been
sentenced, he is serving, has already served or has been dispensed from serving sentence.
The Government of the Kingdom of Belgium does not accept the provisions of Part III.
By reason of the special system in force between the Benelux countries, the Government
of the Kingdom of Belgium does not accept the provisions of paragraph 2 of Article
37.
The Government of the Kingdom of Belgium declares that the provisions of Part II and
of Part IV shall not be applied to sentences pronounced in absentia.
Estland
28-04-2005
In accordance with Article 38, paragraph 1, of the Convention, the Republic of Estonia
declares that it reserves the right not to accept Parts III and IV of the Convention.
In accordance with Article 29, paragraph 2, of the Convention, the Republic of Estonia
declares that requests and supporting documents should be accompanied by a translation
into English.
Frankrijk
16-09-1968
The Government of the French Republic confirms that it is availing itself of the reservation provided for in Article 38, paragraph 1 of the Convention and its Annex allowing non acceptance of the whole of Part III (enforcement of sentences) and of Part IV (relinquishment to the requested State).
Griekenland
07-07-1994
The Government of the Hellenic Republic declares that the accession of the Former Yugoslav Republic of Macedonia to the Conventions of the Council of Europe to which the Hellenic Republic is a Contracting Party does not imply the recognition of the Former Yugoslav Republic of Macedonia by the Hellenic Republic.
Italië
30-06-1965
At the time of signing and in pursuance of the provisions of paragraph 2 of Article 29 of the Convention, the Italian Government declared that it reserves the right to require that requests and supporting documents should be accompanied by a translation into French.
Luxemburg
22-09-1976
Availing itself of the option provided for in Article 38, paragraph 1 of the Convention
and its Annex, the Government of the Grand Duchy of Luxembourg declares that complete
application shall be refused if the person to whom the decision relates has been finally
sentenced for the same offence by the competent authorities of a third State and if,
having been sentenced, he is serving, has already served or has been dispensed from
serving sentence (Article 7).
Availing itself of the option provided for in Article 38, paragraph 1 of the Convention
and its Annex, the Government of the Grand Duchy of Luxembourg does not accept the
provisions of Part III.
Availing itself of the option provided for in Article 38, paragraph 1 of the Convention
and its Annex, the Government of the Grand Duchy of Luxembourg does not accept the
provisions of paragraph 2 of Article 37.
Availing itself of the option referred to in paragraph 2 of Article 29, the Government
of the Grand Duchy of Luxembourg requires that requests and supporting documents should
be drawn up in or accompanied by a translation into French, German or English.
Availing itself of the option provided for in Article 38, paragraph 1 of the Convention
and its Annex, the Government of the Grand Duchy of Luxembourg declares that the provisions
of Part II and of Part IV shall not be applied to sentences pronounced in absentia
(Article 7, paragraph 2.c).
Nederlanden, het Koninkrijk der
30-09-1987
The Kingdom of the Netherlands accepts the said Convention with Annex, for the Kingdom
in Europe.
The Kingdom of the Netherlands declares with regard to Article 7 of the Convention
that complete application will not be accepted if the person to whom the decision
relates has already been irrevocably tried by the competent authorities of a third
State in respect of the same offence and if, in the event of conviction for this offence,
the offender is serving or has already served his sentence or has been exempted from
doing so.
The Kingdom of the Netherlands does not accept the provisions contained in Part III
of the Convention.
By reason of the special regime between the Benelux countries, the Kingdom of the
Netherlands does not accept the provisions of paragraph 2 of Article 37 of the Convention.
With regard to Article 29, paragraph 2, of the Convention: The Kingdom of the Netherlands
requires a translation in Dutch, French, English or German of any documents not drawn
up in one of the above four languages.
With regard to Article 7, paragraph 2(c), of the Convention: The provisions contained
in Parts II and IV of the Convention will not be applied in the case of convictions
in absentia.
Oekraïne
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, Protocols, Agreement, as applied to the aforementioned
occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility
of direct communication or interaction do not apply to the territorial organs of Ukraine
in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain
districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not
under control of Ukraine. The order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
Oostenrijk
01-04-1980
In the case of offences which are violations of regulations concerning imposts, taxes,
duties, monopolies and foreign exchange, or of regulations concerning the export,
import, transit and rationing of goods (fiscal offences) Austria will carry out supervision
only under the conditions set out in Article 7, paragraph 3.
Without prejudice to Article 29, paragraph 3, requests and supporting documents which
are not drawn up in German, French or English, must be accompanied by a translation
into one of these languages.
Austria does not accept the provision of this Convention as related to the enforcement
of sentences (Part III) or their complete application (Part IV).
Slowakije
21-07-2003
The Slovak Republic avails itself of the possiblity given in Article 38, paragraph
1, of the Convention and reserves the right under point 3. of the Annex not to accept
the provisions of Article 37, paragraph 2, of the Convention.
The Slovak Republic avails itself of the possibility given in Article 27, paragraph
4, of the Convention, and declares that requests and any communications under the
Convention shall be sent to the Ministry of Justice of the Slovak Republic.
The Slovak Republic avails itself of the possibility given in Article 29, paragraph
2, of the Convention and declares that requests and supporting documents sent to its
authorities shall be accompanied by a translation into the Slovak language. Should
the Requesting State, however, encounter insurmountable difficulties in arranging
for a Slovak translation, the documents may be accompanied by a translation into either
English or French.
Tsjechië
10-04-2002
In accordance with Article 29, paragraph 2, the Czech Republic declares that it shall
require that requests and supporting documents should be accompanied by a translation
into the Czech or English or French language.
In accordance with Article 38, paragraph 1, the Czech Republic declares that it avails
itself of the reservation provided for in item 1 of the Annex to the Convention and
does not accept the provisions of the Convention concerning enforcement of sentences
(Part III of the Convention - Enforcement of sentences) and their complete application
(Part IV - Relinquishment to the requested State).
08-10-2014
The Czech Republic, in accordance with Article 38, paragraph 2, of the Convention, withdraws the reservation made in accordance to Article 38, paragraph 1, at the time of deposit of the instrument of ratification, on 10 April 2002.
Zweden
27-02-1979
Sweden does not accept Part III of the Convention (Enforcement of sentences).
Sweden reserves the right to require that requests and supporting documents drafted
in a language other than Danish, Norwegian or Swedish should be accompanied by a translation
into Swedish or English (Article 29, paragraph 2).
In relations between Sweden on the one hand and Denmark, Finland, Iceland or Norway
on the other, the Convention shall only apply to that co-operation not already regulated
by uniform legislation within these countries (Article 37, paragraph 3).