EURASIA LIFT

Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

2009 Convention Against Terrorism of Shanghai Cooperation Organization

Posted by Info on 13/01/2011

Unofficial translation of the 2009 Convention Against Terrorism of the Shanghai Cooperation Organization (SCO) based on the original Russian presented to the State Duma in 2010 termonilogy Art 2

The member states of the Shanghai Cooperation Organization,
are deeply concerned by the escalation of terrorism……
guided by the goals and principles of the United Nations Charter….
recognizing that the offenses covered by the present Convention cannot be justified under any circumstances, and that the physical and juridical persons responsible for committing such acts and (or) that are complicit in their commission must be prosecuted under the law,
considering the changes that have occurred in the support for terrorism and in the scale and nature of terrorist acts, and the importance of promoting cooperation,
Realizing the necessity of increasing efforts against terrorism and re-affirming that all measures in preventing and combating terrorism should be undertaken subject to the supremacy of law, democratic values, fundamental human rights and freedoms, and norms of international law,
rRecognizing that only through joint efforts can effective prevention and combating of terrorism be achieved, have agreed as follows:

ART 2.
1. For the purposes of the present Convention the terms and concepts employed in it shall mean:
1) “Party” – a state party to this Convention;
2) “terrorism” – an ideology of violence and a practice of influencing decision-making by the authorities or international organizations through the commission of or the threat of committing violent and (or) other criminal acts connected with intimidating a population and aimed at causing damage to the person, to society, and to the state;
3) “terrorist act” – an act connected with intimidating a population and creating a danger to human life and health that is intended to cause significant property damage, an ecological disaster, or other serious consequences in order to achieve political, religious, ideological, or other ends by influencing decision-making by the authorities or international organizations, or the threat of committing such acts;
4) “terrorist organization”:
a) a criminal group, unlawful armed unit, gang, or criminal society created to commit offenses and (or) that commits offenses covered by the present Convention;
b) a juridical person in whose name, at whose direction, or in whose interests one of the offenses covered by the present Convention is planned, organized, prepared for, or committed;
5) “juridical person” – an organization created in and that acts in the manner established by the national legislation of the Parties.

Article 8
Taking into account the fundamental principles of its legal system, each Party shall take necessary legislative and other countermeasures against the financing of terrorism which include, in particular:
1) registration of data on clients and financial operations, and the preservation of this information;
2) providing information to authorized agencies of the Party regarding suspicious and economically illogical operations and transactions;
3) suspending financial operations having an illegal, suspicious, or economically illogical nature at the direction of law enforcement or other agencies designated by the Party;
4) providing information and documents at the request of a court, procuracy agencies, preliminary investigation agencies, or other authorized agencies of a Party.

Art 11
3. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party shall consider the present Convention as a legal basis for extradition in connection with the offenses covered by the present Convention. Extradition shall be subject to the other conditions provided by the law of the requested State.
4. Parties that do not make extradition conditional on the existence of a treaty shall consider offenses covered by the present Convention as extraditable offenses between themselves, subject to the other conditions provided for by the legislation of the requested Party.
…..

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