Einde inhoudsopgave
Agreement on illicit traffic by sea, implementing Article 17 of the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances
Article 15 Surrender of vessels, cargoes, persons and evidence
Geldend
Geldend vanaf 01-05-2000
- Bronpublicatie:
31-01-1995, Trb. 2010, 165 (uitgifte: 25-05-2010, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-05-2000
- Bronpublicatie inwerkingtreding:
25-05-2010, Trb. 2010, 165 (uitgifte: 25-05-2010, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Algemeen
Vervoersrecht / Zeevervoer
1.
Where the flag State has notified the intervening State of its intention to exercise its preferential jurisdiction, and if the flag State so requests, the persons arrested, the vessel, the cargo and the evidence seized shall be surrendered to that State in accordance with the provisions of this Agreement.
2.
The request for the surrender of arrested persons shall be supported by, in respect of each person, the original or a certified copy of the warrant of arrest or other order having the same effect, issued by a judicial authority in accordance with the procedure prescribed by the law of the flag State.
3.
The Parties shall use their best endeavours to expedite the surrender of persons, vessels, cargoes and evidence.
4.
Nothing in this Agreement shall be so construed as to deprive any detained person of his right under the law of the intervening State to have the lawfulness of his detention reviewed by a court of that State, in accordance with procedures established by its national law.
5.
Instead of requesting the surrender of the detained persons or of the vessel, the flag State may request their immediate release. Where this request has been made, the intervening State shall release them forthwith.