The European Convention on Extradition Order 1990

PART 1 AUSTRIA

Declarations

Article 2, paragraph

2 Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.

Article 6, paragraph 1, sub-paragraph (c)

Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.

Articles 7 and 8

Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, insofar as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.

Article 9

Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.

Article 16, paragraph 2

In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.

Article 21, paragraph 2

In any case Austria will refuse transit of Austrian nationals.

Article 21, paragraph 5

Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences.

Reservations

Article 1

Austria will not grant extradition if the person claimed is to be brought before a special court or if the extradition should lead to the execution of a sentence or a detention order inflicted by such a court.

Article 5

Austria will further grant extradition for offences which are exclusively contraventions against regulations concerning monopolies or the export, import, transit and rationing of goods only under the conditions mentioned in Article 5.

Article 11

Austria will refuse extradition requested in order to carry out death-penalty. Extradition for an offence punishable by death under the law of the requesting Party will only be granted if the requesting State accepts the condition that a death-penalty will not be pronounced. Austria will apply the same principles in the case of sentences which are incompatible with the requirements of humanity and human dignity.