2003. évi LXVIII. törvény
a tengerhajózás biztonsága elleni jogellenes cselekmények visszaszorításáról szóló, az ENSZ Nemzetközi Tengerészeti Szervezete által 1988. március 10-én, Rómában elfogadott Egyezmény, és a kontinentális talapzaton rögzített mesterséges szigetek biztonsága elleni jogellenes cselekmények visszaszorításáról szóló Jegyzőkönyv kihirdetéséről1
1. § Az Országgyűlés a tengerhajózás biztonsága elleni jogellenes cselekmények visszaszorításáról szóló, az ENSZ Nemzetközi Tengerészeti Szervezete által 1988. március 10-én, Rómában elfogadott Egyezményt (a továbbiakban: Egyezmény), és a kontinentális talapzaton rögzített mesterséges szigetek biztonsága elleni jogellenes cselekmények visszaszorításáról szóló Jegyzőkönyvet (a továbbiakban: Jegyzőkönyv) e törvénnyel kihirdeti.
(Magyarország megerősítő okiratának letétbe helyezése a Nemzetközi Tengerészeti Szervezet főtitkáránál 1989. november 9-én megtörtént; a Magyar Köztársaság tekintetében az Egyezmény és a Jegyzőkönyv - az Egyezmény 18. Cikkének 1. bekezdésével, illetve a Jegyzőkönyv 6. Cikkének 1. bekezdésével összhangban - 1992. március 1-jén lépett hatályba.)
2. § Az Egyezmény és a Jegyzőkönyv angol nyelven készült szövege és hivatalos magyar nyelvű fordítása a következő:
„Convention for the suppression of unlawful acts against the safety of maritime navigation
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,
deeply concerned about the world-wide escalation of acts of terrorism in all its forms, which endanger or take innocent human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings,
considering that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation,
considering that the occurrence of such acts is a matter of grave concern to the international community as a whole,
being convinced of the urgent need to develop international co-operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators,
recalling resolution 40/61 of the General Assembly of the United Nations of 9 December 1985 which, inter alia, „urges all States unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occupation, that may give rise to international terrorism and may endanger international peace and security”,
recalling further that resolution 40/61 „unequivocally condemns, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security”,
recalling also that by resolution 40/61, the International Maritime Organisation was invited to „study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures”,
having in mind resolution A.584(14) of 20 November 1985, of the Assembly of the International Maritime Organisation, which called for development of measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews,
noting that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention,
affirming the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organisation,
affirming further that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,
recognizing the need for all States, in combating unlawful acts against the safety of maritime navigation, strictly to comply with rules and principles of general international law,
have agreed as follows:
Article 1
For the purposes of this Convention, ship means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.
Article 2
1. This Convention does not apply to:
a) a warship; or
b) a ship owned or operated by a State when being used as a naval auxiliary or for customs or police purposes; or
c) a ship which has been withdrawn from navigation or laid up.
2. Nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes.
Article 3
1. Any person commits an offence if that person unlawfully and intentionally:
a) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or
b) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or
c) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or
d) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or
e) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or
f) communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or
g) injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs a) to f).
2. Any person also commits an offence if that person:
a) attempts to commit any of the offences set forth in paragraph I; or
b) abets the commission of any of the offences set forth in paragraph I perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or
c) threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs b), c) and e), if that threat is likely to endanger the safe navigation of the ship in question.
Article 4
1. This Convention applies if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States.
2. In cases where the Convention does not apply pursuant to paragraph I, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State referred to in paragraph 1.
Article 5
Each State Party shall make the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences.
Article 6
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 when the offence is committed:
a) against or on board a ship flying the flag of the State at the time the offence is committed; or
b) in the territory of that State, including its territorial sea; or
c) by a national of that State.
2. A State Party may also establish its jurisdiction over any such offence when:
a) it is committed by a stateless person whose habitual residence is in that State; or
b) during its commission a national of that State is seized, threatened, injured or killed; or
c) it is committed in an attempt to compel that State to do or abstain from doing any act.
3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organisation (hereinafter referred to as the Secretary-General). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.
4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.
5. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
Article 7
1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, 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.
2. Such State shall immediately make a preliminary inquiry into the facts, in accordance with its own legislation.
3. Any person regarding whom the measures referred to in paragraph 1 are being taken shall be entitled to:
a) 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) be visited by a representative of that State.
4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or the alleged offender is present, subject to the proviso that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.
5. When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify the States which have established jurisdiction in accordance with article 6, paragraph I 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 inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
Article 8
1. The master of a ship of a State Party (the flag State) may deliver to the authorities of any other State Party (the receiving State) any person who he has reasonable grounds to believe has committed one of the offences set forth in article 3.
2. The flag State shall ensure that the master of its ship is obliged, whenever practicable, and if possible before entering the territorial sea of the receiving State carrying on board any person whom the master intends to deliver in accordance with paragraph I, to give notification to the authorities of the receiving State of his intention to deliver such person and the reasons therefor.
3. The receiving State shall accept the delivery, except where it has grounds to consider that the Convention is not applicable to the acts giving rise to the delivery, and shall proceed in accordance with the provisions of article 7. Any refusal to accept a delivery shall be accompanied by a statement of the reasons for refusal.
4. The flag State shall ensure that the master of its ship is obliged to furnish the authorities of the receiving State with the evidence in the master’s possession which pertains to the alleged offence.
5. A receiving State which has accepted the delivery of a person in accordance with paragraph 3 may, in turn, request the flag State to accept delivery of that person. The flag State shall consider any such request, and if it accedes to the request it shall proceed in accordance with article 7. If the flag State declines a request, it shall furnish the receiving State with a statement of the reasons therefor.
Article 9
Nothing in this Convention shall affect in any way the rules of international law pertaining to the competence of States to exercise investigative or enforcement jurisdiction on board ships not flying their flag.
Article 10
1. The State Party in the territory of which the offender or the alleged offender is found shall, in cases to which article 6 applies, 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 without delay 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 other offence of a grave nature under the law of that State.
2. Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 3 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided for such proceedings by the law of the State in the territory of which he is present.
Article 11
1. The offences set forth in article 3 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the 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 Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 3. Extradition shall be subject to the other conditions provided by the law of the requested State Party.
3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 3 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.
4. If necessary, the offences set forth in article 3 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in a place within the jurisdiction of the State Party requesting extradition.