Примеры использования To seek assurances на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Whether Canada violated the Covenant by failing to seek assurances that the death penalty would not be carried out.
The power to seek assurances that the death penalty will not be imposed is conferred on the Minister of Justice pursuant to section 25 of the 1985 Extradition Act.
Rather, the Committee asked whether Canada violated the Covenant by failing to seek assurances that the death penalty would not be carried out against the author.
The actions described in the Ombudsman's report are at avery early stage and have not progressed to a government decision to seek assurances at this stage.
And certain States would not have needed to seek assurances in shameful agreements in an attempt to preserve, often in exchange for concessions, a flagging non-proliferation regime.
For that reason- and in so far as the death penalty can be consideredas being necessarily and foreseeably applicable- Canada had a duty to seek assurances that Charles Chitat Ng would not be executed.
More particularly, it argues,that the issue of whether it was required to seek assurances that the death penalty not be applied to the author could have been raised before domestic courts.
During the course of 2005, deportation action on grounds of national security was commenced against 30 people in respect of whom the UKGovernment has sought or was proposing to seek assurances.
The Committee observes, however, that the State party has indicated that the possibility to seek assurances would normally be exercised where exceptional circumstances existed.
The State party notes the Committee's Statement in this regard that it"does not find that the terms of article 6 of the Covenant necessarily require Canada to refuse to extradite or to seek assurances.
The Meeting then invited its secretariat to explore the reasons for the delays, to seek assurances that the problems would be addressed for its future meetings, and to inform heads of delegation accordingly.
Apprehending and prosecuting States considering entering into enforcement of sentence agreements with Somalia in the future are likely to seek assurances about the standards of detention.
It went on to seek assurances from the countries of the European Union that the review of the effectiveness of the work of the Commission and its priorities would not be carried out to the detriment of the countries in transition.
For that reason- andin so far as the jury decided that the author of the communication must die- Canada had a duty to seek assurances that Joseph John Kindler would not be executed.
Its intention is apparent from its decision not to seek assurances that the death penalty would not be applied in the event of extradition to the United States, as it is empowered to do by its bilateral extradition treaty with that country.
On the first day of the Croatian offensive, my Special Representative met with Mr. Hrvoje Sarinic, the Head of the Croatian Commission for Relations with UNCRO, to seek assurances for the safety of all United Nations personnel.
By declining to seek assurances that the death penalty would not be imposed on Mr. Cox or, if imposed, would not be carried out, Canada violates, in my opinion, its obligations under article 6, paragraph 1, of the Covenant, read in conjunction with articles 2, 5 and 26.
Applying the Canadian Charter of Rights and Freedoms in extradition proceedings, the Supreme Court of Canada held that in all butexceptional cases the Government of Canada is obliged to seek assurances that the death penalty will not be carried out.
Finally, it submits that whether abolitionist States should be required to seek assurances in all cases when removing individuals to countries where they face the death penalty is a matter of State policy but not a legal requirement under the Covenant.
On the issue of assurances, the Committee found that the terms of article 6 did not necessarily require Canada to refuse to extradite or to seek assurances but that such a request should at least be considered by the removing State.
While States must be mindful of the possibilities for the protection of life when exercising their discretion in the application of extradition treaties,the Committee does not find that the terms of article 6 of the Covenant necessarily require Canada to refuse to extradite or to seek assurances.
The power to seek assurances that the death penalty will not be imposed is conferred on the Minister of Justice pursuant to section 25 of the 1985 Extradition Act. On 17 January 1986, after hearing the author's counsel, the Minister of Justice decided not to seek these assurances. .
Furthermore, the State party observes that,the Committee has on previous occasions rejected the proposition that an abolitionist State that has ratified the Covenant is necessarily required to refuse extradition or to seek assurances that the death penalty would not be applied.
On the State party's argument(para. 8.13)that"the issue of whether Canada was required to seek assurances that the death penalty not be applied to Roger Judge could have been raised before domestic courts", the author submits that the State party misconstrued his legal position.
While States must be mindful of their obligation to protect the right to life when exercising their discretion in the application of extradition treaties,the Committee does not find that the terms of article 6 of the Covenant necessarily require Canada to refuse to extradite or to seek assurances.
The Committee further takes note of the reasons given by Canada not to seek assurances in Mr. Kindler's case, in particular, the absence of exceptional circumstances, the availability of due process, and the importance of not providing a safe haven for those accused of or found guilty of murder.
The Portuguese authorities are conducting contacts and consultations with other Governments, namely the Government of the United States of America, andinternational bodies in order to seek assurances of safety and prompt liberation for all detainees and the access to them by humanitarian organizations.
For example, some countries retain the right in extradition cases to seek assurances that the death penalty will not be imposed, or if imposed, not executed, where the extraditable offence is punishable by death under the laws of the requesting State and not permitted under the laws of the requested State.
It further argues that a State party's conduct must be assessed in light of the law applicable at the time when the allegedtreaty violation took place: at the time of the author's removal there was no international legal requirement requiring Canada to seek assurances that the death penalty would not be carried out against Roger Judge.
The Committee further takes note of the reasons given by Canada not to seek assurances in Mr. Kindler's case, in particular, the absence of exceptional circumstances, the availability of due process and the importance of not providing a safe haven for those accused of or found guilty of murder" annex XII, sect. U, paras. 14.5 and 14.6.