TNAG-0975-FCO40-1194-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-in-other--1980 — Page 103

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American States on 2 February 1971. This Convention provides for the extradition of persons alleged to have committed any of the crimes enumerated in Article 2 which for purposes of extradition are considered to be common crimes 1 Convention, however, provides that:

Article 6 of the

"None of the provisions of this Convention shall be interpreted so as to impair the right of asylum".

28. A provision mentioning asylum in the specific context of extradition also figures in the Draft Inter-American Convention on Extradition approved by the OAS Inter-American Juridical Committee on 1 February 1977. Article 13 of the draft Convention provides that:

"No provision of this Convention shall be interpreted as a limitation on the right of asylum whon applicable" 2'.

(ii) Bilateral oxtradition agroenents

29. Article 3 of the European Convention on Extradition, referred to above, provided a model for similar provisions figuring in a number of bilateral extradition agreements concluded between a number of countries within and outside Europe 3/. Reference may also be made to the Extradition Agreement between Austria and Hungary of 25 February 1975, and that between Austria and Poland of 27 February 1978, both of which contain provisions 4 excluding extradition if the person whose extradition is sought enjoys asylum in the territory of the requested State.

(iii) National constitutions and ordinary legislation

5:

30. The provisions relating to asylum which figure in the Constitutions of a number of countries could be interpreted as excluding extradition in the case of persons qualifying for asylum. The extradition of refugees and persons to whom asylum has been granted is, morcover expressly prohibited by the constitutions of a number of States:

1/ Kidnapping, murder and other assaults against the life or personal integrity of those persons to whom the State has the duty to give special protection, according to international law as well as extortion in connection with such crimes.

2/ Unofficial translation from the Spanish

3/ Belgium Federal Republic of Germany Extradition Agreement of 17 January 1958, Article 3; Austria - Federal Republic of Germany Extradition Agreement of 22 September 1958, Article 3; Israel - Switzerland Extradition Convention of

31 December 1958, Article 3; Austria- Israel Extradition Convention of 10 December 1961, Article 4; Israel - Sweden Extradition Agreement of 10 September 1963, Article 7; Federal Republic of Germany - Tunisia, Extradition Agreement of 19 July 1966, Article 3; Cana da Israel Extradition Agreement of 10 March 1967, Article 4; Austria Canada Extradition Agreement of 11 May 1967, Article 4.

4/ Article 3(2) and Article 4(2) respectively.

5 The constitutional and legislative provisions referred to in this section are intended to provide examples of State practice and are not necessarily exhaustive.