On 13 December 1957, in Paris, the members of the Council of Europe signed the European Convention on Extradition (ETS No. 24). The authentic texts are English and French, in a single copy deposited in the archives of the Council. Depositary: the Secretary General. Registration: UNTS 5146, volume 359. The convention is open to signature by members of the Council and is subject to ratification (Article 29(1)).

Article 1: the Contracting Parties undertake to surrender to each other, subject to the conditions of the convention, persons proceeded against by the competent authorities of the requesting Party for an offence, or wanted for the carrying out of a sentence or detention order. Article 2(1): extradition shall be granted for offences punishable under the laws of both Parties by deprivation of liberty or under a detention order for a maximum period of at least one year, or by a more severe penalty; where a conviction has already occurred, the punishment awarded must have been for at least four months. Article 2(3)–(4): a Party whose law does not allow extradition for certain offences may exclude them, with a list transmitted to the Secretary General.

Article 3(1): extradition shall not be granted if the offence is regarded by the requested Party as a political offence or as an offence connected with a political offence. Article 3(2): the same rule applies if the requested Party has substantial grounds for believing that a request for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of race, religion, nationality or political opinion. Article 3(3): the taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed a political offence for the purposes of this convention. Article 4 excludes offences under military law which are not offences under ordinary criminal law. Article 5: fiscal, customs and exchange offences only if the Parties have so decided.

Article 6(1)(a): a Party shall have the right to refuse extradition of its nationals. If it does not extradite, Article 6(2) requires it, at the request of the requesting Party, to submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. Article 9: extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the same offence or offences (non bis in idem). Article 11: if the offence is punishable by death under the law of the requesting Party, and the death penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death penalty will not be carried out.

Article 14: the rule of speciality — a person who has been extradited shall not be proceeded against, sentenced or detained for any offence committed prior to surrender other than that for which he was extradited, except when the Party which surrendered him consents, or when that person, having had an opportunity to leave the territory, has not done so within 45 days of final discharge. Article 22: except where the convention otherwise provides, the procedure with regard to extradition shall be governed solely by the law of the requested Party. This is not an operational handbook; it is a framework of international criminal law.

Article 29(2): the convention shall come into force 90 days after the date of deposit of the third instrument of ratification. Entry into force: 18 April 1960. Article 29(3): as regards any signatory ratifying subsequently, 90 days after the deposit of its own instrument. Article 30: the Committee of Ministers may invite any State not a member of the Council to accede, provided the invitation receives the unanimous agreement of the members who have ratified. Article 26 allows reservations at signature, ratification or accession, with reciprocity. Later additional protocols are separate instruments.

The French Ministry of Foreign Affairs on the Quai d'Orsay, Paris, the city where the convention was concluded, not the signing room. Wikimedia Commons, free licence.

For context: European Convention on Extradition. The text: United Nations Treaty Series, vol. 359, I-5146.