POLITICAL OFFENCES AND TERRORISM
46. Professor Shearer raises the question of political offences and appears to have received no support for his suggestion that similar provision to the European Convention on the Suppression of Terrorisn should be incorporated in the Scheme. He, however, goes on to consider the practice of including an 'attentat clause, in international treatie removing the assassination of a Head of State from the category of political offences and suggests that clause 9 (1) of the Schone be amende to exclude the taking or attempted taking of the life of a Head of State
or member of his family; or an act declared under any International Convention to which the requested part of the Commonwealth is a party to constitute an extraditable offence notwithstanding its political charecte or political motivation.
UK POSITION
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47. The UK has never subscribed to the 'attentat' clause although Section 4 (5) of the 1967 Act provides an offence against the life or person of the Head of the Commonwealth is not to be regarded as an offens of a political character. The ECST (article 1 (c)) includes among the offences for which the political safeguard is not to apply a serious offence involving an attack against the life, physical integrity or libe: of internationally protected persons, including diplomatic agents'. This provision is based on the UN Convention on the Prevention and Punishmen of Crimes against Internationally Protected Persons, including Diplomati Agents. The Working Party considered (paragraphs 6.3-25) the need for a 'attentat' clause but concluded that the matter was best left för determination by the Courts and the Secretary of State in the light of a the factors of the individual case.
48.
The Suppression of Terrorism Act provides for application to countr
and alte are which are parties to the ECSF. Cyprus the only Commonwealth countries
the trus only
which are
イ
members of the Council of Europe; / has ratified the Conventi
Section 5 (1) (a)
& has been designated for the purposes of the Act. the Act would enable it to be applied by Order to a designated Commonwea country, not being a Convention country. No order has yet been made und this provision nor under (b) which enables provisions of the Act to be applied to foreign states with which we have an extradition arrangement.
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