DE 4
App. III]
Extradition / Protection of Aircraft!
[1982 Ed.
In the cases contemplated in subparagraph (7) of paragraph | of Article 1, this Convention shall apply only if the air navigation facilities are used in interna- tional air navigation.
6. The provisions of paragraphs 2. 3. 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.
1.
ARTICLE 5
Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:
(a) when the offence is committed in the territory of that State;
(b) when the offence is committed against or on board an aircraft registered in
that State;
(c) when the aircraft on board which the offence is committed lands in its
territory with the alleged offender still on board;
(d) when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or. if the lessee has no such place of business, his permanent residence, in that State.
2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1. paragraph 1(a), (b) and (c), and in Article 1. paragraph 2. in so far as that paragraph relates to those offences. in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
C
ARTICLE 6
1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
2.
Such State shall immediately make a preliminary enquiry into the facts.
3. Any person in custody pursuant to paragraph of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.
4.
When a State, pursuant to this Article. has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1. of the State of nationality of the detained person and, if it considers it advisable. any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to excrcise jurisdiction.
ARTICLE 7
The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him. be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.
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