Commonwealth Numbered Acts

CRIMES (HOSTAGES) ACT 1989 No. 26 of 1989 - SCHEDULE

SCHEDULE
Section 3
INTERNATIONAL CONVENTION AGAINST THE TAKING
OF HOSTAGES The States Parties to this Convention, Having in mind the purposes
and principles of the Charter of the United Nations concerning the maintenance
of international peace and security and the promotion of friendly relations
and co-operation among States, Recognizing in particular that everyone has the
right to life, liberty and security of person, as set out in the Universal
Declaration of Human Rights and the International Covenant on Civil and
Political Rights, Reaffirming the principle of equal rights and
self-determination of peoples as enshrined in the Charter of the United
Nations and the Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States in accordance with the
Charter of the United Nations, as well as in other relevant resolutions of the
General Assembly, Considering that the taking of hostages is an offence of
grave concern to the international community and that, in accordance with the
provisions of this Convention, any person committing an act of hostage taking
shall either be prosecuted or extradited, Being convinced that it is urgently
necessary to develop international co-operation between States in devising and
adopting effective measures for the prevention, prosecution and punishment of
all acts of taking of hostages as manifestations of international terrorism,
Have agreed as follows:
Article 1 1. Any person who seizes or detains and threatens to kill, to injure
or to continue to detain another person (hereinafter referred to as the
"hostage") in order to compel a third party, namely, a State, an international
intergovernmental organization, a natural or juridical person, or a group of
persons, to do or abstain from doing any act as an explicit or implicit
condition for the release of the hostage commits the offence of taking of
hostages ("hostage-taking") within the meaning of this Convention. 2. Any
person who:

   (a)  attempts to commit an act of hostage-taking, or

   (b)  participates as an accomplice of anyone who commits or attempts to
        commit an act of hostage-taking, likewise commits an offence for the
        purposes of this Convention.
Article 2 Each State Party shall make the offences set forth in article 1
punishable by appropriate penalties which take into account the grave nature
of those offences.
Article 3 1. The State Party in the territory of which the hostage is held by
the offender shall take all measures it considers appropriate to ease the
situation of the hostage, in particular, to secure his release and, after his
release, to facilitate, when relevant, his departure. 2. If any object which
the offender has obtained as a result of the taking of hostages comes into the
custody of a State Party, that State Party shall return it as soon as possible
to the hostage or the third party referred to in article 1, as the case may
be, or to the appropriate authorities thereof.
Article 4 States Parties shall co-operate in the prevention of the offences
set forth in article 1, particularly by:

   (a)  taking all practicable measures to prevent preparations in their
        respective territories for the commission of those offences within or
        outside their territories, including measures to prohibit in their
        territories illegal activities of persons, groups and organizations
        that encourage, instigate, organize or engage in the perpetration of
        acts of taking of hostages;

   (b)  exchanging information and co-ordinating the taking of administrative
        and other measures as appropriate to prevent the commission of those
        offences.
Article 5 1. Each State Party shall take such measures as may be necessary to
establish its jurisdiction over any of the offences set forth in article 1
which are committed:

   (a)  in its territory or on board a ship or aircraft registered in that
        State; (b) by any of its nationals or, if that State considers it
        appropriate, by those stateless persons who have their habitual
        residence in its territory;

   (c)  in order to compel that State to do or abstain from doing any act; or

   (d)  with respect to a hostage who is a national of that State, if that
        State considers it appropriate. 2. Each State Party shall likewise
        take such measures as may be necessary to establish its jurisdiction
        over the offences set forth in article 1 in cases where the alleged
        offender is present in its territory and it does not extradite him 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 internal law.
Article 6 1. Upon being satisfied that the circumstances so warrant, any State
Party in the territory of which the alleged offender is present shall, in
accordance with its laws, take him into custody or take other measures to
ensure his presence for such time as is necessary to enable any criminal or
extradition proceedings to be instituted. That State Party shall immediately
make a preliminary inquiry into the facts. 2. The custody or other measures
referred to in paragraph 1 of this article shall be notified without delay
directly or through the Secretary-General of the United Nations to:

   (a)  the State where the offence was committed;

   (b)  the State against which compulsion has been directed or attempted;

   (c)  the State of which the natural or juridical person against whom
        compulsion has been directed or attempted is a national;

   (d)  the State of which the hostage is a national or in the territory of
        which he has his habitual residence;

   (e)  the State of which the alleged offender is a national or, if he is a
        stateless person, in the territory of which he has his habitual
        residence;

   (f)  the international intergovernmental organization against which
        compulsion has been directed or attempted;

   (g)  all other States concerned. 3. Any person regarding whom the measures
        referred to in paragraph 1 of this article are being taken shall be
        entitled:

   (a)  to communicate without delay with the nearest appropriate
        representative of the State of which he is a national or which is
        otherwise entitled to establish such communication or, if he is a
        stateless person, the State in the territory of which he has his
        habitual residence;

   (b)  to be visited by a representative of that State. 4. The rights
        referred to in paragraph 3 of this article shall be exercised in
        conformity with the laws and regulations of the State in the territory
        of which the alleged offender is present subject to the proviso,
        however, that the said laws and regulations must enable full effect to
        be given to the purposes for which the rights accorded under paragraph
        3 of this article are intended. 5. The provisions of paragraphs 3 and
        4 of this article shall be without prejudice to the right of any State
        Party having a claim to jurisdiction in accordance with paragraph 1
        (b) of article 5 to invite the International Committee of the Red
        Cross to communicate with and visit the alleged offender. 6. The State
        which makes the preliminary inquiry contemplated in paragraph 1 of
        this article shall promptly report its findings to the States or
        organization referred to in paragraph 2 of this article and indicate
        whether it intends to exercise jurisdiction.
Article 7 The State Party where the alleged offender is prosecuted shall in
accordance with its laws communicate the final outcome of the proceedings to
the Secretary-General of the United Nations, who shall transmit the
information to the other States concerned and the international
intergovernmental organizations concerned.
Article 8 1. The State Party 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,
through proceedings in accordance with the laws of that State. Those
authorities shall take their decision in the same manner as in the case of any
ordinary offence of a grave nature under the law of that State. 2. Any person
regarding whom proceedings are being carried out in connexion with any of the
offences set forth in article 1 shall be guaranteed fair treatment at all
stages of the proceedings, including enjoyment of all the rights and
guarantees provided by the law of the State in the territory of which he is
present.
Article 9 1. A request for the extradition of an alleged offender, pursuant to
this Convention, shall not be granted if the requested State Party has
substantial grounds for believing:

   (a)  that the request for extradition for an offence set forth in article 1
        has been made for the purpose of prosecuting or punishing a person on
        account of his race, religion, nationality, ethnic origin or political
        opinion; or

   (b)  that the person's position may be prejudiced:

        (i)    for any of the reasons mentioned in subparagraph (a) of this
               paragraph, or

        (ii)   for the reason that communication with him by the appropriate
               authorities of the State entitled to exercise rights of
               protection cannot be effected. 2. With respect to the offences
               as defined in this Convention, the provisions of all
               extradition treaties and arrangements applicable between States
               Parties are modified as between States Parties to the extent
               that they are incompatible with this Convention.
Article 10 1. The offences set forth in article 1 shall be deemed to be
included as extraditable offences in any extradition treaty existing between
States Parties. States Parties undertake to include such offences as
extraditable offences in every extradition treaty to be concluded between
them. 2. If a State Party which makes extradition conditional on the existence
of a treaty receives a request for extradition from another State Party with
which it has no extradition treaty, the requested State may at its option
consider this Convention as the legal basis for extradition in respect of the
offences set forth in article 1. Extradition shall be subject to the other
conditions provided by the law of the requested State. 3. States Parties which
do not make extradition conditional on the existence of a treaty shall
recognize the offences set forth in article 1 as extraditable offences between
themselves subject to the conditions provided by the law of the requested
State. 4. The offences set forth in article 1 shall be treated, for the
purpose of extradition between States Parties, as if they had been committed
not only in the place in which they occurred but also in the territories of
the States required to establish their jurisdiction in accordance with
paragraph 1 of article 5.
Article 11 1. States Parties shall afford one another the greatest measure of
assistance in connexion with criminal proceedings brought in respect of the
offences set forth in article 1, including the supply of all evidence at their
disposal necessary for the proceedings. 2. The provisions of paragraph 1 of
this article shall not affect obligations concerning mutual judicial
assistance embodied in any other treaty.
Article 12 In so far as the Geneva Conventions of 1949 for the protection of
war victims or the Protocols Additional to those Conventions are applicable to
a particular act of hostage-taking, and in so far as States Parties to this
Convention are bound under those conventions to prosecute or hand over
the hostage-taker, the present Convention shall not apply to an act of
hostage-taking committed in the course of armed conflicts as defined in the
Geneva Conventions of 1949 and the Protocols thereto, including armed
conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of
1977, in which peoples are fighting against colonial domination and alien
occupation and against racist regimes in the exercise of their right of
self-determination, as enshrined in the Charter of the United Nations and the
Declaration on Principles of International Law concerning Friendly Relations
and Co-operation among States in accordance with the Charter of the United
Nations.
Article 13 This Convention shall not apply where the offence is committed
within a single State, the hostage and the alleged offender are nationals of
that State and the alleged offender is found in the territory of that State.
Article 14 Nothing in this Convention shall be construed as justifying the
violation of the territorial integrity or political independence of a State in
contravention of the Charter of the United Nations.
Article 15 The provisions of this Convention shall not affect the application
of the Treaties on Asylum, in force at the date of the adoption of this
Convention, as between the States which are parties to those Treaties; but a
State Party to this Convention may not invoke those Treaties with respect to
another State Party to this Convention which is not a party to those treaties.
Article 16 1. Any dispute between two or more States Parties concerning the
interpretation or application of this Convention which is not settled by
negotiation shall, at the request of one of them, be submitted to arbitration.
If within six months from the date of the request for arbitration the parties
are unable to agree on the organization of the arbitration, any one of those
parties may refer the dispute to the International Court of Justice by request
in conformity with the Statute of the Court. 2. Each State may at the time of
signature or ratification of this Convention or accession thereto declare that
it does not consider itself bound by paragraph 1 of this article. The other
States Parties shall not be bound by paragraph 1 of this article with respect
to any State Party which has made such a reservation. 3. Any State Party which
has made a reservation in accordance with paragraph 2 of this article may at
any time withdraw that reservation by notification to the Secretary-General of
the United Nations.
Article 17 1. This Convention is open for signature by all States until 31
December 1980 at United Nations Headquarters in New York. 2. This Convention
is subject to ratification. The instruments of ratification shall be deposited
with the Secretary-General of the United Nations. 3. This Convention is open
for accession by any State. The instruments of accession shall be deposited
with the Secretary-General of the United Nations.
Article 18 1. This Convention shall enter into force on the thirtieth day
following the date of deposit of the twenty-second instrument of ratification
or accession with the Secretary-General of the United Nations. 2. For each
State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after deposit by such State of its
instrument of ratification or accession.
Article 19 1. Any State Party may denounce this Convention by written
notification to the Secretary-General of the United Nations. 2. Denunication
shall take effect one year following the date on which notification is
received by the Secretary-General of the United Nations.
Article 20 The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations, who shall send
certified copies thereof to all States. IN WITNESS WHEREOF, the undersigned,
being duly authorized thereto by their respective Governments, have signed
this Convention, opened for signature at New York on 18 December 1979.