Declarations and Reservations Declarations and Reservations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 4, Pt 33A added by European Convention on Extradition 2003 art 2(1), (4)
Sch 4, Pt 3A added by European Convention on Extradition 2003 art 2(b)(i), Sch 1
Sch 4, Pt 9 rev in pt by European Convention on Extradition 2003 art 2(b)(ii)
Sch 4, Pt 32A added by European Convention on Extradition 2003 art 2(b)(iii), Sch 2
Sch 4, Pt 2A added by European Convention on Extradition (Armenia and Georgia) 2002 art 2(b)(i), Sch 1
Sch 4, Pt 12A added by European Convention on Extradition (Armenia and Georgia) 2002 art 2(b)(ii), Sch 2

The Swiss Federal Council declares that extradition by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (tribunal d'exception). It therefore reserves the right to refuse extradition:

(a)

if there is a possibility that the person claimed, if extradited, will be brought before an extraordinary court (tribunal d'exception) and if the requesting State does not give assurances deemed sufficient, that the judgment will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;

(b)

if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (tribunal d'exception).

With reference to the reservation made by Portugal concerning Article 1(c) of the European Convention on Extradition, the Permanent Representative has the honour to inform the Secretariat General that the Swiss Government supports the declaration sent to the Secretariat General on this question by the German Government on 4 February 1991, and the declaration sent to the Secretariat General on 4 June 1991 by the Austrian Government in support of the German position.

In fact, the reservation in question is compatible with the object and purpose of the Convention only if refusal to grant extradition for offences punishable by a life-long prison sentence or detention order is not absolute. The Swiss Government also takes the reservation to mean that extradition will be refused only when there is no possibility under the law of the requesting state for the person sentenced to life imprisonment, having completed a certain part of his sentence or period of detention, to obtain a judicial review of his case with a view to having the remainder of the sentence commuted to probation.