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Part One. Article 11 97are the subject <strong>of</strong> <strong>this</strong> Convention are exercised to maximize the effectiveness <strong>of</strong> lawenforcement measures in respect <strong>of</strong> those <strong>of</strong>fences and with due regard to the needto deter the commission <strong>of</strong> such <strong>of</strong>fences.“3. States Parties shall ensure that 4 their courts or other competent authoritiesbear in mind the serious nature <strong>of</strong> the <strong>of</strong>fences that are the subject <strong>of</strong> <strong>this</strong> Conventionwhen considering the [eventuality] [possibility] <strong>of</strong> early release 5 or parole <strong>of</strong> personsconvicted <strong>of</strong> such <strong>of</strong>fences. 6“4. Each State Party shall, where appropriate, establish under its domestic lawa long statute <strong>of</strong> limitations period in which to commence proceedings for any <strong>of</strong>fencethat is the subject <strong>of</strong> <strong>this</strong> Convention and a longer period where the alleged <strong>of</strong>fenderhas evaded the administration <strong>of</strong> justice. 7“[5. Each State Party shall ensure that the acts mentioned under articles 3 and4 <strong>of</strong> <strong>this</strong> Convention and committed in its territory shall be indictable regardless <strong>of</strong>where in the territories <strong>of</strong> Member States the criminal organization is based or exercisesits criminal activities.] 8“[6. Where instances <strong>of</strong> participation in a criminal organization fall under thejurisdiction <strong>of</strong> several Member States, those States shall consult in coordinating theiraction for initiating effective criminal proceedings.] 9“7. Each State Party shall take appropriate measures, consistent with its legalsystem, to ensure that a person who is charged with or convicted <strong>of</strong> an <strong>of</strong>fence thatis the subject <strong>of</strong> <strong>this</strong> Convention and who is found within its territory is present atthe necessary criminal proceedings.” 10Rolling text (A/AC.254/4/Rev.2)Second session: 8-12 March 1999“Article 6“Effective implementation <strong>of</strong> the Convention“1. Each State Party shall take effective measures to promote and monitor withinits territory the implementation <strong>of</strong> the object and aims <strong>of</strong> the Convention.4One delegation proposed that “ensure that” should be amended to read “authorize”.5One delegation noted that “early release” was used in the penal systems <strong>of</strong> only some countries. Several delegationsnoted that early release and parole depended on several criteria, including the conduct <strong>of</strong> the prisoner. It was suggested thatone way <strong>of</strong> addressing that problem might be to replace the word “eventuality” with the word “possibility”.6Several delegations questioned whether <strong>this</strong> paragraph could be understood as infringing on the independence <strong>of</strong> thecourts and allowing the possibility <strong>of</strong> politically motivated interference in the administration <strong>of</strong> justice.7One delegation suggested that <strong>this</strong> paragraph should not be compulsory. Another delegation noted the importance <strong>of</strong>identifying which <strong>of</strong>fences would fall under the scope <strong>of</strong> application <strong>of</strong> the convention.8The Ad Hoc Committee noted that the transfer <strong>of</strong> <strong>this</strong> and the following paragraph to article 9, on jurisdiction, wasstill to be considered.9It was noted that a similar provision was contained in article 9, paragraph 5.10Some delegations questioned why a person already convicted <strong>of</strong> an <strong>of</strong>fence should be present at the “necessary criminalproceedings”. Some delegations suggested that, to the extent that paragraph 7 referred to the taking <strong>of</strong> a person into custodypending extradition, it should be moved to the appropriate article (article 10). One delegation noted the need to ensurethe rights <strong>of</strong> the defendant in the implementation <strong>of</strong> the paragraph. One delegation proposed the deletion <strong>of</strong> the paragraph.

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