The European Convention on Extradition (Armenia and Georgia) (Amendment) Order 2002

Article 2(b)(i)

SCHEDULE 1 Reservations and Declarations by Armenia

“PART 2A ARMENIA

Reservations

Article 1

In respect of Article 1 of the Convention, the Republic of Armenia reserves the right to refuse to grant extradition:

(a) if the person to be extradited will be brought before an extraordinary court or in respect of the person who is to serve a sentence passed by such a court;

(b) if there are sufficient grounds to suppose that in result of the person’s state of health and age her/his extradition will be injurious to her/his health or threaten her/his life;

(c) if physical asylum is granted in the Republic of Armenia to the person whose extradition is requested.

Article 2

The Republic of Armenia declares that the extradition for the serving of a sentence, provided in Article 2, paragraph 1 of the Convention, will be granted if the person, whose extradition is requested, has been convicted for a period of at least six months or a more severe penalty.

Declarations

Article 3

As the legislation of the Republic of Armenia does not define the notion of “political offence” or that of “offence connected with a political offence”, the Republic of Armenia, being requested for extradition on such grounds, will grant extradition if the offence mentioned in the request is considered as such under its ordinary criminal law or under the International Treaties in force in the Republic of Armenia.

Article 4

As all military offences are under the ordinary criminal law of the Republic of Armenia, extradition requested by another Party will be granted if the offence, in respect of which the request for the extradition is made, is also under ordinary criminal law of the requesting Party.

Article 6

Pursuant to sub-paragraph (a) of paragraph 1 of Article 6, the Republic of Armenia declares that it will not extradite its nationals.

Pursuant to sub-paragraph (c) of paragraph 1 of Article 6, nationality of the Republic of Armenia within the meaning of this Convention shall be determined at the time of the decision concerning extradition.

Article 16

Provisional arrest, provided in paragraph 4 of Article 16, will be terminated in any case, if, within a period of one month after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12.

Article 23

The Republic of Armenia declares that the request for extradition and documents to be produced shall be accompanied by a certified translation into the Armenian language or into one of the official languages of the Council of Europe.”