TREATY BETWEEN THE
KINGDOM OF BELGIUM, THE GRAND DUCHY
OF LUXEMBOURG
AND THE KINGDOM OF THE NETHERLANDS
CONCERNING
EXTRADITION AND MUTUAL ASSISTANCE IN
CRIMINAL
MATTERS.
SIGNED AT BRUSSELS, ON 27 JUNE 1962
Came into force on 11 December
1967, two months after the deposit of the last instrument of
ratification, in accordance
with article 49 (2). The instruments of ratification were deposited with
the
Belgian Government on the
following dates :
Belgium . . . . . . . . . . . . . . . . . . . . . . 30 July 1964
Luxembourg . . . . . . . . . . . . . . . . . . 23 August 1965
Netherlands . . . . . . . .
. . . . . . . . . . . 11 October 1967
His Majesty the King of the Belgians,
Her Royal Highness the Grand Duchess of Luxembourg,
Her Majesty the Queen of the Netherlands,
Considering that, by reason
of the close ties uniting their countries and particularly in consequence
of
the abolition of the examination
of persons at the internal frontiers, it is necessary to extend the
extradition of offenders to
a larger number of offences, to simplify the formalities connected therewith
and to permit mutual assistance
in criminal matters to a greater extent than is provided for in the
existing treaties;
Guided by the principles contained
in the European Conventions on extradition and on mutual
assistance in criminal matters;
Have decided to conclude a
Treaty between the Kingdom of Belgium, the Grand Duchy of Luxembourg
and the Kingdom of the Netherlands
to regulate the extradition of offenders and mutual assistance in
criminal matters and have
appointed as Plenipotentiaries :
His Majesty the King of the Belgians
His Excellency Mr. H. Fayat, Deputy Minister for Foreign Affairs;
Her Royal Highness the Grand Duchess of Luxembourg:
His Excellency Mr. N. Hommel, Ambassador Extraordinary and Plenipotentiary at Brussels;
Her Majesty the Queen of the Netherlands
His Excellency Jonkheer E.
Teixeira de Mattos, Ambassador Extra-ordinary and Plenipotentiary at
Brussels;
Who, having exchanged their
full powers, found in good and due form, have agreed as follows:
CHAPTER I
EXTRADITION
Article I
OBLIGATION TO EXTRADITE
The High Contracting Parties
undertake to surrender to each other, subject to the provisions and
conditions laid down in the
following articles, all persons against whom the competent authorities
of
the requesting Party are proceeding
for an offence or who are .wanted by the said authorities for the
carrying out of a sentence
or detention order.
Article 2
EXTRADITABLE OFFENCES
1.Extradition shall
be granted in respect of offences punishable under the laws of the requesting
Party
and of the requested Party by deprivation of liberty or under a detention
order for a
maximum
period of at least six months or by a more severe sentence or order. Where
a
sentence
or detention order has been imposed in the territory of the requesting
Party, such
sentence
or order must have been for a period of at least three months.
2.If the request for
extradition includes several separate offences each of which is punishable
under
the laws of the requesting Party and the requested Party by deprivation
of liberty or
under
a detention order, but of which some do not fulfil the condition with regard
to the amount
of
punishment which may be awarded, the requested Party shall also have the
right to grant
extradition
for the latter offences.
Article 3
POLITICAL OFFENCES
1.Extradition shall
not be granted if the offence in respect of which it is requested is regarded
by
the
requested Party as a political offence or as an offence connected with
a political offence.
2.The following shall not be deemed to be political offences for the purposes of this Treaty :
a.The taking or attempted taking of the life or liberty of a Head of State
or a member of the
reigning House;
b.Desertion.
3.This article shall
not affect any obligations which the High Contracting Parties may have
undertaken
or may undertake under any other international convention of a multilateral
character.
Article 4
FISCAL OFFENCES
Extradition shall be granted,
in accordance with the provisions of this Treaty, for offences in connexion
with taxes, duties, customs,
exchange, import, export and transit, only if the Governments of the High
Contracting Parties have so
decided in respect of any such offence or category of offences.
Article 5
EXTRADITION OF NATIONALS
1.The High Contracting Parties shall not extradite their nationals.
2.Nationality shall
be determined as at the time of surrender.
Article 6
PLACE OF COMMISSION
1.The requested Party
may refuse to extradite a person claimed for an offence which is regarded
by
its law as having been committed in whole or in part in its territory or
in a place treated as its
territory.
2.When the offence for
which extradition is requested has been committed outside the territory
of
the
requesting Party, extradition may only be refused if the law of the requested
Party does not
allow
prosecution for the same category of offence when committed outside the
latter Party's
territory.
Article 7
PENDING PROCEEDINGS FOR THE
SAME OFFENCES
A requested Party may refuse
to extradite the person claimed if the competent authorities of such
Party are proceeding against
him in respect of the offences for which extradition is requested.
Article 8
"NON BIS IN IDEM"
Extradition shall not be granted
if final judgement has been passed by the competent authorities of
the requested Party upon the
person claimed in respect of the offences for which extradition is
requested. Extradition may
be refused if the competent authorities of the requested Party have
decided either not to institute
or to terminate proceedings in respect of the same offences.
Article 9
LAPSE OF TIME
Extradition shall not be granted
when the person claimed has, according to the law of the requested
Party, become immune by reason
of lapse of time from public prosecution or punishment at the time
when he is to be surrendered.
Article 10
CAPITAL PUNISHMENT
If the offence for which extradition
is requested is punishable by death under the law of the
requesting Party, and if the
death penalty is not applicable to such offence under the law or according
to the practice of the requested
Party, the latter Party may grant extradition on condition that the
requesting Party undertakes
to recommend to the Head of State that the death penalty be commuted
to another penalty.
Article 11
THE REQUEST AND SUPPORTING
DOCUMENTS
1.The request for extradition
shall be addressed in writing by the Minister of justice of the
requesting
Party to the Minister of justice of the requested Party.
2.The request shall be supported by:
a.The original or an authenticated copy of the conviction and sentence
or detention order
immediately enforceable or of the warrant of arrest or other order having
the same effect
and issued in accordance with the procedure laid down in the law of the
requesting Party;
b.A statement of the offences for which extradition is requested. The time
and place of their
commission, their legal descriptions and a reference to the relevant legal
provisions shall
be set out as accurately as possible;
c.A copy of the relevant enactments and as accurate a description as possible
of the person
claimed, together with any other information which will help to establish
his identity and
nationality.
Article 12
SUPPLEMENTARY INFORMATION
If the information communicated
by the requesting Party is found to be insufficient to allow the
requested Party to make a
decision in pursuance of this Treaty, the latter Party shall request the
necessary supplementary information
and may fix a time-limit for the receipt thereof.
Article 13
RULE OF SPECIALITY
1.Without prejudice
to the provisions of article 2, paragraph 2, a person who has been extradited
shall
not be proceeded against, sentenced or detained with a view to the carrying
out of a
sentence
or detention order for any offence committed prior to his surrender other
than that for
which
he was extradited, nor shall he be for any other reason restricted in his
personal
freedom,
except in the following cases :
a.When the Party which surrendered him consents. A request for consent
shall be
submitted, accompanied by the documents mentioned in article 11. Consent
shall be given
when the offence for which it is requested is itself subject to extradition
in accordance
with the provisions of this Treaty. Consent may be given when, because
of the amount of
punishment or detention provided for by law, the offence is not subject
to extradition;
b.When that person, having had an opportunity to leave the territory of
the Party to which
he has been surrendered, has not done so within fifteen days of his final
discharge, or
has returned to that territory after leaving it;
c.When that person has expressly consented, either before a judicial authority
of the
requested Party prior to his extradition or before a judicial authority
of the requesting
Party after his extradition, to be proceeded against and punished for any
offence
whatsoever.
2.The requesting Party
may, however, take any measures necessary to remove the person from
its
territory or any measures necessary under its law, including proceedings
by default, to
prevent
any legal effects of lapse of time.
3.If the description
of the offence charged is altered in the course of proceedings, the extradited
person
shall only be proceeded against or sentenced in so far as the offence under
its other
description
is shown by its constituent elements to be an offence which allows extradition.
Article 14
RE-EXTRADITION TO A THIRD
STATE
1.Except as provided
for in article 13, paragraph 1 (b) and (c), the requesting Party shall
not,
without
the consent of the requested Party, surrender to a non contracting State
a person
surrendered
to the requesting Party and sought by the said State in respect of offences
committed
before his surrender. The requested Party may request the production of
the
documents
mentioned in article 11, paragraph 2.
2.Consent shall not be required in the case of another High Contracting Party.
Article 15
PROVISIONAL ARREST
1.In case of urgency
the competent authorities of the requesting Party may, with a view to
extradition,
request the provisional arrest of the person sought.
2.The request for provisional
arrest shall state what offence was committed, what is the amount
of
punishment or detention provided for by law or imposed and when and where
the offence
was
committed and shall so far as possible give a description of the person
sought.
3.The request shall
be sent to the competent authorities of the requested Party either direct
or
through
the central national office of the International Criminal Police Organization
(Interpol).
The
competent authorities of the requesting Party shall be informed without
delay of the result
of
their request.
4.If the request appears
to be in order, it shall be complied with by the competent authorities
of
the
requested Party, in accordance with the law of the latter Party.
5.Provisional arrest
shall be terminated if, within a period of eighteen days after arrest,
the
requested
Party has not received the request for extradition and the documents mentioned
in
article
11, unless the arrest must be continued for another reason. The possibility
of provisional
release
at any time is not excluded, but the requested Party shall take any measures
which it
considers
necessary to prevent the escape of the person sought.
6.Release shall not
prejudice re-arrest and extradition if a request for extradition is received
subsequently.
Article 16
CONFLICTING REQUESTS
If extradition is requested
concurrently by more than one State, either for the same offence or for
different offences, the requested
Party shall make its decision having regard to all the circumstances
and especially the relative
seriousness and place of commission of the offences, the respective dates
of the requests, the nationality
of the person claimed and the possibility of subsequent extradition to
another State.
Article 17
SURRENDER OF THE PERSON TO
BE EXTRADITED
1.The requested Party
shall inform the requesting Party by the means mentioned in article 11,
paragraph
1, of its decision with regard to the extradition.
2.Reasons shall be given for any complete or partial rejection.
3.If the request is
agreed to, the requesting Party shall be informed of the place and date
of
surrender
and of the length of time for which the person claimed was detained with
a view to
surrender.
4.Subject to the provisions
of paragraph 5 of this article, if the person claimed has not been taken
over
on the appointed date, he may be released after the expiry of fifteen days
and shall in any
case
be released after the expiry of thirty days; the requested Party may refuse
to extradite him
for
the same offence.
5.If circumstances beyond
its control prevent a Party from surrendering or taking over the person
to
be extradited, it shall notify the other Party; the two Parties shall agree
a new date for
surrender
and the provisions of paragraph 4 of this article shall apply.
Article 18
POSTPONED OR CONDITIONAL SURRENDER
1.The requested Party
may, after making its decision on the request for extradition, postpone
the
surrender
of the person claimed in order that he may be proceeded against by that
Party or, if
he
has already been convicted, in order that he may serve his sentence in
the territory of that
Party
for an offence other than that for which extradition is requested.
2.When the request for
extradition relates to a person who is serving a sentence in the territory
of
the requested Party, that Party may, if special circumstances so require,
temporarily
surrender
the person claimed to the requesting Party in accordance with conditions
to be
determined
by mutual agreement between the Parties.
3.The length of time
for which the person concerned is detained in the territory of the requesting
Party,
following such surrender, shall be deducted from the sentence to be served
by him in the
territory
of the requested Party.
Article 19
SUMMARY PROCEDURE
1.In the case specified
in article 15, the competent authorities of the requesting Party may
request
the immediate surrender of the person to be extradited.
2.Such surrender shall
require the express consent of the person arrested, to be given in the
presence
of an officer of the State
Counsel Division of the requested Party, and
the approval of
that
officer. The person arrested shall have the right to be assisted by counsel.
Surrender shall
take
place without other formalities and shall be effected within eighteen days
of the provisional
arrest.
3.If surrender cannot
be effected within five days of such arrest, the competent authorities
of the
requested
Party shall so notify the competent authorities of the requesting Party
and invite
them,
where appropriate, to proceed in accordance with the provisions of article
11.
4.Surrender shall entail
for the person concerned the consequences attending the declaration
mentioned
in article 13, paragraph 1 (c).
Article 20
HANDING OVER OF PROPERTY
1.At the request of
the requesting Party, the requested Party shall seize, in so far as its
law
permits,
and hand over property
a.Which may be required as evidence
b.Which has been acquired as a result of the offence and which is found
either before or
after surrender of the person arrested.
2.The handing over shall
require the approval in camera of the court of the place where the
searches
and seizures were carried out, which shall decide whether or not all or
part of the
property
seized is to be handed over to the requesting Party. The court may order
the return of
property
not directly related to the offence with which the accused is charged and
shall, where
necessary,
rule on objections raised by third-party holders of the property or other
claimants.
3.The property mentioned
in paragraph 1 of this article may be handed over even if extradition,
having
been agreed to, cannot be carried out owing to the death or escape of the
person
claimed.
Article 21
TRANSIT
1.Transit through the
territory of one of the Contracting Parties shall be granted on submission
of
a
request by the means mentioned in article 11, paragraph 1, provided that
the offence
concerned
is not considered by the Party requested to grant transit to be an offence
of a
political
character and that the person concerned is not a national of the country
requested to
grant
transit.
2.Subject to the provisions
of paragraph 3 of this article, production of the documents mentioned
in
article 11, paragraph 2 (a), shall be required.
3.If air transport is used, the following provisions shall apply:
a.When it is not intended to land, the requesting Party shall notify the
Party over whose
territory the flight is to be made and shall certify that one of the documents
mentioned in
article 11, paragraph 2 (a), exists. In the case of an unscheduled landing,
such notification
shall have the effect of a request for provisional arrest as provided for
in article 15, and
the requesting Party shall submit a formal request for transit;
b.When it is intended to land, the requesting Party shall submit a formal
request for transit.
CHAPTER II
MUTUAL ASSISTANCE IN CRIMINAL
MATTERS
Section 1. General provision
Article 22
1.The High Contracting
Parties undertake to afford each other, in accordance with the provisions
of
this Treaty, the widest measure of mutual assistance in proceedings in
respect of offences
the
punishment of which, at the time of the request for assistance, falls within
the jurisdiction of
the
judicial authorities of the requesting Party.
2.Assistance may be refused:
a.If the request concerns an offence which the requested Party regards
as a political
offence or as an offence connected with a political offence;
b.If the requested Party considers that execution of the request is likely
to prejudice the
security, ordre public, or other essential interests of its country or
if proceedings have
already been instituted against the person concerned or final judgement
has been
passed upon him in respect of the same acts.
Section 2. Letters rogatory
Article 23
1.The request Party
shall execute any letters rogatory relating to a criminal matter and addressed
to
it by the judicial authorities of the requesting Party for the purpose
of procuring evidence or
transmitting
articles to be produced in evidence, records or documents.
2.If the requesting
Party desires witnesses or experts to give evidence on oath, it shall expressly
so
request, and the requested Party shall comply with the request if the law
of its country does
not
prohibit it.
3.The requested Party
may transmit certified copies or certified photostat copies of records
or
documents
requested, unless the requesting Party expressly requests the transmission
of
originals,
in which case the requested Party shall make every effort to comply with
the request.
Article 24
1.The letters rogatory
shall be executed by the competent judicial authority of the requested
Party
as though they were letters rogatory issued by national judicial authorities.
2.However, letters rogatory
which request the carrying out of a search or seizure shall be
executed
only if the offence in question is one in respect of which extradition
may take place
under
this Treaty and subject to the reservation stated in article 20, paragraph
2.
Article 25
On the express request of the
requesting Party, the requested Party shall state the date and place of
execution of the letters rogatory.
Officials of the requesting Party and interested persons may be
present if the requested Party
consents.
Article 26
1.Officers of one of
the Parties who are empowered to investigate and detect offences may be
assigned
by the judicial authorities to which they are responsible to render assistance
in the
territory
of another Party, with the consent of the competent officer of the State
Counsel
Division
of the latter Party, in the investigation and detection of offences the
prosecution of
which
falls within the jurisdiction of the said judicial authorities. For this
purpose, such officers
shall
carry letters rogatory specifying what operations are to be carried out.
2.The said officers
shall supply such information and advice as they deem necessary for the
successful
completion of the prescribed operations; upon request, they shall be given
certified
copies
of any reports and documents which may be prepared.
Article 27
1.Officers of one of
the Parties who are pursuing in their own country a person alleged to be
guilty
of
an extraditable offence shall be entitled to enter the territory of another
Party in the course
of
such pursuit. They must immediately summon the competent officers of the
Party whose
territory
they have entered, who, at their request, shall apprehend the person pursued
in order
to
establish his identity or have him arrested. In the latter case, the procedure
laid down in
article
15 shall be observed, unless the person concerned is a national of the
Party in whose
territory
he is apprehended.
2.If, however, the pursuit
is uninterrupted and the urgency of the operations makes it impossible
to
summon the local authorities, the officers of the other Party may, within
a distance of ten
kilometres
from the frontier, themselves apprehend the person pursued and bring him
before
the
local law enforcement services for the purposes referred to in the preceding
paragraph.
3.As regards all other
matters, the procedure laid down in article 26 shall be observed, where
appropriate,
even in the absence of the letters rogatory mentioned therein.
4.The officers referred to in the preceding paragraphs are
a.In the case of Belgium and Luxembourg, members of the criminal police
attached to the
parquets and members of the gendarmerie;
b.In the case of the Netherlands, members of the Rijkspolitie;
In respect of all three countries,
members of the police forces of municipalities whose territory is
situated less than ten kilometres
from the frontier.
Article 28
1.During the operations
mentioned in articles 26 and 27, officers assigned to the territory of
another
Party shall be accorded the same treatment as officers of that Party with
respect to any
offences
committed against them or by them.
2.They must be able at all times to prove their official status.
3.While performing the
operations mentioned in article 27, they may wear their uniform and bear
their
regulation arms.
4.In case of need '
they shall be entitled to use measures of restraint and defence in the
same
conditions
as officers of the Party in whose territory they are operating.
Article 29
1.The requested Party
may delay the handing over of any property, records or documents
requested,
if it requires the said property, records or documents in connexion with
pending
criminal
proceedings.
2.Any property, as well
as original records or documents, handed over in execution of letters
rogatory
shall be returned by the requesting Party to the requested Party as soon
as possible
unless
the latter Party waives the return thereof.
Section 3. Service of writs and records of judicial verdicts
Article 30
1.Writs and records
of judicial verdicts which are to be served on persons who are in the territory
of
another Contracting Party shall be sent to them either direct by registered
mail by the
competent
authorities or court officials or through the competent parquet (parket)
of the
requested
Party.
2.The requested parquet
shall effect service of the writ or record by simple transmission to the
person
to be served, unless it is requested to effect service in the manner provided
for the
service
of analogous documents under its own law.
3.The requested parquet
shall inform the requesting parquet of the result of the request for
service.
Section 4. Appearance of witnesses, experts and prosecuted persons
Article 31
1.When, in a criminal
case, the judicial authority of one of the Parties considers the personal
attendance
of a witness or expert who is in the territory of another Party to be necessary,
such
witness
or expert shall be served with a summons through the State Counsel Division
of the
place
where the person concerned has his domicile or residence.
2.In such case, the
summons shall indicate the approximate allowances payable and the travelling
and
subsistence expenses refundable.
Article 32
1.The allowances to
be paid and the travelling and subsistence expenses to be refunded to a
witness
or expert by the requesting Party shall be calculated as from his place
of residence and
shall
be at rates at least equal to those provided for in the scales and rules
in force in the
country
where the hearing is intended to take place.
2.If a specific request
is made, the requested Party may grant the witness or expert an advance.
The
amount of the advance shall be endorsed on the summons and shall be refunded
by the
requesting
Party.
Article 33
1.A person in custody
who is serving a sentence and whose personal appearance as a witness or
for
purposes of confrontation is applied for by the requesting Party may, unless
there are
special
grounds for not doing so, be temporarily transferred to the territory where
the hearing is
intended
to take place, provided that he shall be sent back within the period stipulated
by the
requested
Party and subject to the provisions of article 35 in so far as these are
applicable.
2.Transit of a person
referred to in the preceding paragraph through the territory of one of
the
Parties
shall be granted on application from the Party which consents to the transfer.
The
application
shall indicate the sentence and the amount of the term still to be served.
As regards
all
other matters, the provisions of article 21 shall apply.
3.The transferred person
shall remain in custody in the
territory of the requesting Party and,
where
applicable, in the territory of the Party through which transit is requested,
unless the
Party
consenting to the transfer of the person in custody authorizes his release.
Article 34
A witness who, without valid
reason, fails to fulfil the obligations incumbent upon him by reason of
a
summons as specified in article
31 shall be liable in the requested country to the penalties prescribed
by the law of that country
for defaulting witnesses.
Article 35
1.A witness or expert,
whatever his nationality, appearing on a summons before the judicial
authorities
of the requesting Party shall not be prosecuted or detained or subjected
to any
other
restriction of his personal liberty in the territory of that Party in respect
of acts or
convictions
anterior to his departure from the territory of the requested Party.
2.A person, whatever
his nationality, summoned before the judicial authorities of the requesting
Party
to answer for acts forming the subject or proceedings against him shall
not be prosecuted
or
detained or subjected to any other restriction of his personal liberty
for acts or convictions
anterior
to his departure from the territory of the requested Party and not specified
in the
summons.
3.The immunity provided
for in this article shall cease when the witness or expert or prosecuted
person,
having had for a period of fifteen consecutive days from the date when
his presence is
no
longer required by the judicial authorities an opportunity of leaving,
has nevertheless
remained
in the territory or, having left it, has returned.
Section 5. Judicial records
Article 36
1.A requested Party
shall communicate extracts from and information relating to judicial records,
requested
from it by the judicial authorities of another Party and needed in a criminal
matter, to
the
same extent that these may be made available to its own judicial authorities
in like case.
2.In any case other
than that provided for in paragraph 1 of this article the request shall
be
complied
with in accordance with the conditions provided for by the law, regulations
or practice
of
the requested Party.
Section 6. Procedure
Article 37
1.Except as otherwise
provided in this chapter, requests for mutual assistance shall indicate
as
follows:
a.The authority making the request;
b.The object of and the reason for the request;
c.Where possible, the identity and the nationality of the person concerned;
d.Where necessary, the name and address of the person to be served.
2.Letters rogatory referred
to in articles 23, 24 and 25 shall, in addition, state the offence and
contain
a summary of the facts.
Article 38
1.Except as otherwise
provided in this chapter, letters rogatory and other requests for mutual
assistance
may be addressed directly by the judicial authorities of the requesting
Party to the
judicial
authorities of the requested Party. They shall be returned together with
the relevant
documents
either directly or through the Ministers of Justice.
2.Requests provided
for in article 36, paragraph 1, may be addressed directly by the judicial
authorities
concerned to the appropriate authorities of the requested Party, and the
replies may
be
returned directly by those authorities. Requests provided for in article
36, paragraph 2, shall
be
addressed by the Minister of Justice of the requesting Party to the Minister
of Justice of the
requested
Party
3.Requests provided for in article 33 shall be communicated between Ministers of Justice.
4.In cases where direct
transmission is permitted under this chapter, it may take place through
the
central national office of the International Criminal Police Organization
(Interpol).
Article 39
Evidence or documents transmitted
pursuant to this Treaty shall not require any form of
authentication.
Article 40
Where the authority which receives
a request for mutual assistance has no jurisdiction to comply
therewith, it shall, ex officio,
transmit the request to the competent authority of its country and shall
so inform the requesting Party.
Article 41
Reasons shall be given for any refusal of mutual assistance.
Section 7. Laying of information in connexion with proceedings
Article 42
1.If the judicial authorities
of one Party deem it advisable that proceedings should be instituted by
the
judicial authorities of another Party, if they shall transmit the record
through the Ministers of
Justice
to the latter authorities. These authorities shall consider what action
can be taken on
this
request, and the requesting authorities shall be notified accordingly by
the same means.
2.Reports of officials
and officers of the requesting Party and official acts of its judicial
authorities
shall
have the effect, in the other country, of suspending immunity from public
prosecution by
reason
of lapse of time, if corresponding reports and official acts have such
effect in that
country.
Section 8. Exchange of information from judicial records
Article 43
Each Party shall inform any
other Party of all criminal convictions and, so far as possible, of subsequent
measures in respect of nationals
of the latter Party, entered in the judicial records. Ministers of Justice
shall communicate such information
to one another at least once a year.
CHAPTER III
GENERAL PROVISIONS
Article 44
Except where this Treaty otherwise
provides, the procedure with regard to extradition, provisional
arrest and execution of requests
for mutual assistance shall be governed solely by the law of the
requested Party.
Article 45
The documents to be produced
shall be drawn up in the language or languages of either the
requesting Party or the requested
Party.
Article 46
The Parties mutually waive
any claim to reimbursement of the expenses arising out of the application
of this Treaty.
Article 47
For the purposes of this Treaty,
the expression " detention order " means any order involving
deprivation of liberty which
has been made by a criminal court in addition to or instead of a prison
sentence.
Article 48
1.This Treaty shall apply only to the European territories of the High Contracting Parties.
2.The application of
this Treaty may be extended, by agreement between the Governments of the
High
Contracting Parties, to parts of the territory of the Kingdom of the Netherlands
which are
situated
outside Europe. Such an agreement may contain derogative provisions.
Article 49
1.This Treaty shall
be ratified and the instruments of ratification shall be deposited with
the
Belgian
Government.
2.The Treaty shall enter
into force two months after the deposit of the last instrument of
ratification.
3.Each of the High Contracting Parties may denounce this Treaty at any time.
4.Denunciation shall
be effected by giving notice to the two other High Contracting Parties.
It shall
take
effect six months after the notification.
5.Denunciation shall
take effect only as concerns the Party which has given notice thereof.
The
Treaty
shall remain in force between the two other Parties.
6.Denunciation may be
limited to all or any of the parts of the territory referred to in article
48,
paragraph
2.
Article 50
Unless a declaration to the
contrary is made by the Parties concerned, this Treaty shall supersede
the
treaties and conventions concerning
extradition which are in force between the said Parties.
IN WITNESS WHEREOF the Plenipotentiaries
have signed this Treaty and have thereto affixed their
seals.
DONE at Brussels, on 27 June
1962, in triplicate, in the Dutch and French languages, both texts being
equally authentic.
For the Kingdom of Belgium:
H. FAYAT
For the Grand Duchy of Luxembourg:
N. HOMMEL
For the Kingdom of the Netherlands
E. TEIXEIRA de MATTOS
PROTOCOL CONCERNING CIVIL LIABILITY
OF OFFICERSASSIGNED TO THE TERRITORY OF
ANOTHER PARTY
On proceeding to sign the Treaty
between the Kingdom of Belgium, the Grand Duchy of Luxembourg
and the Kingdom of the Netherlands
concerning extradition and mutual assistance in criminal matters,
the undersigned Plenipotentiaries
have agreed as follows :
Article I
When, in the conditions laid
down in the present Treaty or in other Benelux conventions, officers of
one of the Contracting Parties
who are empowered to investigate and detect offences are assigned to
the territory of another Contracting
Party, such officers shall be liable, in conformity with the law of the
latter Party, for any damage
they may cause in that territory.
Article 2
The authorities to which the
officers are responsible shall make good any damage caused by the
officers in the territory
of another Party in the same manner as the authorities of that Party would
be
obliged to do if the damage
had been caused by their own officers.
Article 3
The Contracting Parties shall
recognize the jurisdiction of the courts of the country where the damage
is caused.
Article 4
The authorities to which the
officers are responsible shall voluntarily execute enforceable judgements
pronounced against them in
accordance with the provisions of articles 1, 2 and 3, without need of
any
formalities.
Article 5
Without prejudice to the exercise
of its rights vis-à-vis third parties, each of the Contracting States
shall, in the case referred
to in article 1, waive recovery from another Contracting State of the amount
of the damage which it has
sustained or of the compensation which
it has paid to one of its officers.
DONE at Brussels, on 27 June
1962, in triplicate, in the Dutch and French languages, both texts being
equally authentic.
For the Kingdom of Belgium:
H. FAYAT
For the Grand Duchy of Luxembourg:
N. HommEL
For the Kingdom of the Netherlands:
E. TEIXEIRA de MATTOS
DECLARATION MADE BY THE GOVERNMENTS
OF BELGIUM AND THE NETHERLANDSUNDER
ARTICLE 50 OF THE TREATY
DECLARATION
The Government of the Kingdom of Belgium and the Government of the Kingdom of the Netherlands,
Considering article 50 of the
Treaty between the Kingdom of Belgium, the Grand Duchy of Luxembourg
and the Kingdom of the Netherlands
concerning extradition and mutual assistance in criminal matters,
signed at Brussels on 27 June
1962,
Declare that the provisions
of the Convention between the Kingdom of Belgium and the Kingdom of
the Netherlands concerning
the extradition of criminals, signed at Brussels on 31 May 1889,
1.as extended to the
Netherlands Colonies (then so called) by the Additional Agreement signed
at
Brussels
on 14 February 1895
2.and subsequently modified
by the Additional Agreement signed at The Hague on 25 October
1927,
3.shall continue to
apply as between the Kingdom of Belgium and Surinam and the Netherlands
Antilles
respectively until such time as the Treaty of 27 June 1962 shall be extended,
in
accordance
with article 48, paragraph 2, thereof, to Surinam and/or the Netherlands
Antilles.
DONE at Brussels, on 9 October 1967, in duplicate, in the Dutch language.
For the Government of the Kingdom of Belgium:
Pierre HARMEL
For the Government of the Kingdom of the Netherlands:
J. A. de Vos van STEENWIJK
DECLARATION MADE 13Y THE GOVERNMENTS
OF BELGIUM AND LUXEMBOURG
UNDER ARTICLE 50 OF THE TREATY
DECLARATION
In exercise of the option provided
for in article 50 of the Treaty between the Kingdom of Belgium, the
Grand Duchy of Luxembourg
and the Kingdom of the Netherlands concerning extradition and mutual
assistance in criminal matters,
signed at Brussels, on 27 June 1962, the Belgian and Luxembourg
Governments have agreed to
maintain in force the provisions of the Fifth Supplementary Declaration
of
24 August 1948
1.to the Extradition Convention concluded on 23 October 1872
2.between Belgium and Luxembourg.
They have also agreed that
the Extradition Convention of 23 October 1872, as modified by the
Supplementary Declarations
of 21 June 1877, 25 April 1893 and 16 November 1899, shall continue to
have effect to the extent
required for the application of the aforesaid Supplementary Declaration
of 24
August 1948.
DONE at Brussels, on 9 October 1967, in duplicate, in the French language.
Pour le Gouvernement du Royaume de Belgique:
Pierre HARMEL
Pour le Gouvernement du Grand-Duché de Luxembourg:
C. DUMONT
FONTE : http://ue.eu.int/ejn/indexfr.htm