Partijen en gegevens

In accordance with Article 6, paragraph 1, of the Additional Protocol to the Convention, the Government of the Kingdom of Denmark declares that, until notification to the contrary, the Protocol shall not apply to the Faroe Islands and Greenland.

The Government of Romania declares that the declarations formulated by Romania with respect to the Convention on the Transfer of Sentenced Persons (ETS 112) shall apply mutatis mutandis to the Additional Protocol.

[The above-mentioned declarations read as follows: ‘In pursuance of Article 3, paragraph 4, of the Convention, the term ‘national’ means the citizen of the administering State (see Article 3, paragraph 1.a and Article 6, paragraph 1.a) or the citizen of the State of transit (see Article 16, paragraph 2a).

In pursuance of Article 17, paragraph 3, the requests for transfer and supporting documents shall be accompanied by a translation into Romanian or into one of the official languages of the Council of Europe.’]

The Government of Belgium declares that Belgium undertakes not to apply Article 3 of the Protocol when the sentenced person has its habitual residence in the Kingdom's territory at the time of his/her arrest.

Pursuant to Article 3, paragraph 6, of the Additional Protocol, Ireland declares that it will not apply Article 3 of the said Protocol and will not take over the execution of sentences under the circumstances described in Article 3 until notification to the contrary.

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Russian Federation declares that it will not take over the execution of sentences under the circumstances described in Article 3 of the Additional Protocol.

The Republic of Moldova declares that the provisions of the Additional Protocol will be applied only on the territory controlled by the Government of the Republic of Moldova until the full establishment of the territorial integrity of the Republic of Moldova.

In accordance with Article 5 of the Convention, the United Kingdom declares that the political responsibility for the administration of Her Majesty's Prison in the island of Jersey lies solely with the Minister for Home Affairs in Jersey, and, accordingly, requests all member States to address communications in relation to transfers between those States and the island of Jersey to the Minister for Home Affairs (11 Royal Square, St Helier, Jersey JE2 4WA, Channel Islands), or to such other address as the Minister may notify the Secretary General of the Council of Europe from time to time.

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.

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.

[…]

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

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Government of the Republic of Turkey declares that it excludes the application of Article 3 of the said Protocol, and unless otherwise notified, shall not take over the execution of sentences under the circumstances described in Article 3.

The Permanent Representation of the Kingdom of Spain has the honour to communicate that, in the event that the Additional Protocol to the Convention on the Transfer of Sentenced Persons were to be ratified by the United Kingdom and extended to Gibraltar, Spain would like to make the following declaration: