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Report | Doc. 96 | 06 December 1951
Conclusion of a European Convention on Extradition
Committee on Legal Affairs and Human Rights
A. Explanatory Memorandum
(open)1.
Your Committee has considered the Motion
presented to the Consultative Assembly by
Mr. Foster and a number of his colleagues
(Doc. 82), and referred to your Committee by
the Consultative Assembly on 30th November,
1951.
2.
Your Committee fears that, should it proceed to prepare a draft Convention on Extradition
without any indication of the views of the
Committee of Ministers, the result might be the
rejection of the whole or part of your Committee's
work and much waste of its time and
energy.
3. For this reason your Committee proposes
that the question should be examined, in conjunction
with experts nominated by the Committee
of Ministers, in accordance with the
following procedure :
a. The Governments of the Members should be asked to express their views (within 3 months) on the proposal to conclude a European Convention on Extradition based upon the content of Document SG/R (51) 17.
b. The replies would be examined by a Committee composed of 5 members of your Committee and 5 legal experts nominated by the Committee of Ministers.
4. Your Committee believes that this proposal
would form a first practical step towards the
solution of a difficult problem, and it has unanimously
agreed to the following Draft Recommendation
which it now submits to the Assembly
:
B. Draft Recommendation
(open)The Assembly,
Considering the necessity for the conclusion of a European Convention on Extradition with a view to the punishment of those committing crimes on the territory of one of the Members of the Council of Europe and taking refuge in the territory of another Member :
Considering that it is desirable by common action to improve the existing system of granting and refusing extradition;
Recommends to the Committee of Ministers :
1. That the Governments of the Members be
invited to submit their views to the Secretary-
General, within three months, upon the desirability
of concluding a European Convention
on Extradition based on the memorandum 6f
the Secretariat-General and upon the form
and content of such a Convention.
2. That the Committee of Ministers nominate
five legal experts who, together with five members
appointed by the Committee on Legal
and Administrative Questions, would constitute
a mixed committee entrusted with the examination
of the replies and the preparation of a
Draft European Convention on Extradition.