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Part One. Article 11 101Seventh session: 17-28 January 2000Notes by the Secretariat2. The <strong>version</strong> <strong>of</strong> article 6 contained in <strong>document</strong> A/AC.254/4/Rev.4 remainedunchanged in the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.5 and 6).Rolling text (A/AC.254/4/Rev.7)“Article 6“Prosecution, adjudication and sanctions“1. Each State Party shall make the commission <strong>of</strong> an <strong>of</strong>fence established under<strong>this</strong> Convention liable to sanctions that take into account the gravity <strong>of</strong> that <strong>of</strong>fence.“2. Each State Party shall endeavour to ensure that any discretionary legalpowers under its domestic law relating to the prosecution <strong>of</strong> persons for <strong>of</strong>fences thatare covered by <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. In the case <strong>of</strong> <strong>of</strong>fences established in accordance with articles 3, 4, 4 terand 17 bis <strong>of</strong> <strong>this</strong> Convention, each State Party shall take appropriate measures, inaccordance with its domestic law and with due regard to the rights <strong>of</strong> the defence,to seek to ensure that conditions imposed in connection with decisions on releasepending trial or appeal take into consideration the need to ensure the presence <strong>of</strong> thedefendant at subsequent criminal proceedings.“4. Each State Party shall ensure that its courts or other competent authoritiesbear in mind the grave nature <strong>of</strong> the <strong>of</strong>fences that are covered by <strong>this</strong> Conventionwhen considering the eventuality <strong>of</strong> early release or parole <strong>of</strong> persons convicted <strong>of</strong>such <strong>of</strong>fences.“5. 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>fencecovered by <strong>this</strong> Convention and a longer period where the alleged <strong>of</strong>fender has evadedthe administration <strong>of</strong> justice.”Notes by the Secretariat3. At its seventh session, the Ad Hoc Committee approved article 6 <strong>of</strong> the draft convention,as amended. In connection with paragraph 4 <strong>of</strong> article 6, on early release or parole,the Ad Hoc Committee decided upon the inclusion <strong>of</strong> a note to the effect that paragraph 4would not oblige States parties to provide for the early release or parole <strong>of</strong> imprisoned personsif the legal systems <strong>of</strong> the States parties in question did not provide for early releaseor parole. It was the understanding <strong>of</strong> the Ad Hoc Committee that paragraph 4 would notapply to those legal systems that did not foresee the possibility <strong>of</strong> early release or parole(see A/AC.254/25, para. 18). At its tenth session, the Ad Hoc Committee considered, finalizedand approved article 6, as amended. It was decided that former paragraph 3 <strong>of</strong> article4 should be moved, after being amended, to article 6 as an additional sixth paragraph. The

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