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472 Travaux préparatoires: United Nations Convention against Transnational Organized Crimetunity, including through the provision of adequate information, to make a claim for asylumor to present any other justification for remaining in the country, and that such claimswere considered on a case-by-case basis (see A/AC.254/27 and Corr.1, para. 18).2. The version of article 5 contained in document A/AC.254/4/Add.1/Rev.1 remainedunchanged in the intermediate drafts of the protocol (A/AC.254/4/Add.1/Revs.2-4).Rolling text (A/AC.254/4/Add.1/Rev.5)Eighth session: 21 February-3 March 2000“Article 5“Scope of application“[Except as otherwise provided,] this Protocol applies to offences establishedunder this Protocol [that involve] [that are committed by] 4 an organized criminal groupas defined in the Convention. 5, 6Notes by the Secretariat3. After the finalization and approval of the text of the transnational organized crimeconvention at its tenth session, at its eleventh session the Ad Hoc Committee considered,finalized and approved article 5 of the migrants protocol, as amended (a) on the basis ofa proposal submitted by Azerbaijan (see A/AC.254/5/Add.38) and (b) with the inclusionof a specific reference to “the protection of the rights of persons who have been the objectof such offences” to ensure consistency with the content of article 3 (finally article 2) ofthe protocol (Statement of purpose). The general agreement was to adopt mutatis mutandisthe approach adopted in the corresponding article 4 of the trafficking in persons protocol.The last amendments are reflected in the final text of the protocol, as included inthe report of the Ad Hoc Committee (A/55/383, sect. IV, draft resolution, annex III), thatwas submitted to the General Assembly for adoption pursuant to resolution 54/126 of 17December 1999.4The major outstanding issue with respect to the application of the protocol remained the question of whether it wouldapply only to cases where an offence had actually been committed by an “organized criminal group” or also to cases wherethere was some less direct involvement. The Chairman pointed out that it would be necessary to resolve that issue at thenext session and asked delegations to take the matter up with their Governments in the interim. A majority of delegationsthat spoke on this point supported the words “that involve”. In their view, the protocol should have a relatively broad application.Many pointed out that when States parties sought to apply the protocol in specific cases, they would be seekingassistance with an ongoing investigation. At such times, it might not be known whether organized crime was involved orit might be impossible to meet any basic standard of proof as a prerequisite to obtaining assistance under the protocol. Thosewho preferred the words “when committed by” felt that the protocol should apply to a narrower range of cases. A largemajority of the delegations speaking on both sides of the issue pointed out that the same question arose in other articles, inparticular article 4, and indicated that, once the problem was resolved, the same rule and the same language should be usedin other articles to make them consistent.5The new text of this paragraph was based on a compromise text submitted by Mexico and the United States at theeighth session of the Ad Hoc Committee. The words “Except as otherwise provided” were proposed to allow some flexibilityto extend the application of the protocol further with respect to specific articles should this prove necessary. Somedelegations had concerns about this and it was decided to place the text in square brackets pending an assessment, as otherarticles were reviewed, as to whether it would actually be necessary. Germany noted that this provision might not be neededat all, if the nature of the required link to offences committed by transnational organized criminal groups was clarifiedin articles 3 and 4.6Paragraph 2, which appeared in previous drafts, was deleted and replaced with a new article 15 bis.
Part Three. Article 4 473B. Approved text adopted by the General Assembly(see resolution 55/25, annex III)Article 4Scope of applicationThis Protocol shall apply, except as otherwise stated herein, to the prevention,investigation and prosecution of the offences established in accordance witharticle 6 of this Protocol, where the offences are transnational in nature and involvean organized criminal group, as well as to the protection of the rights of personswho have been the object of such offences.
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TRAVAUX PRÉPARATOIRESof the negoti
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UNITED NATIONS PUBLICATIONSales No.
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ForewordThe present publication con
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IntroductionI. United Nations effor
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Recognizing the international dimen
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that should guide the work of the C
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session, assigning that task to a g
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tral repository of existing legisla
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On the recommendation of the Commis
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was available. In determining the s
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(c) An alternative approach that wa
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that, further to the discussions he
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Part OneUnited Nations Convention a
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4 Travaux préparatoires: United Na
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Part One. Article 3 25“Principle
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Part One. Article 3 27“[2. This C
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Part One. Article 3 29Rolling text
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Part One. Article 3 31The last amen
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Part One. Article 3 33D. Attachment
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Part One. Article 3 35(a) Illicit t
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Article 5.Criminalization of partic
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Part One. Article 5 41“Option 2 2
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Part One. Article 5 43Proposal of t
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Article 10.Liability of legal perso
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Part One. Article 10 93Fourth sessi
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Article 11.Prosecution, adjudicatio
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Part One. Article 11 97are the subj
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Part One. Article 11 99Fourth sessi
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Part One. Article 11 101Seventh ses
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Part One. Article 11 103C. Interpre
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106 Travaux préparatoires: United
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Article 13.International cooperatio
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Part One. Article 13 119Rolling tex
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Part One. Article 13 121property, i
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Part One. Article 13 1233. The prov
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Article 16.ExtraditionA. Negotiatio
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Part One. Article 16 143Parties. Th
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Part One. Article 16 145rant and ar
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Part One. Article 16 147Transmissio
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Part One. Article 16 149“8. Subje
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Part One. Article 16 151“1. This
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Part One. Article 16 153offence und
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Part One. Article 16 155“3. Each
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Part One. Article 16 157“(b) When
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Part One. Article 16 159“9. State
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Part One. Article 16 1613. Each of
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Part One. Article 16 163ered by par
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Article 18.Mutual legal assistanceA
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Part One. Article 18 169shall be wi
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Part One. Article 18 171“22. Stat
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Part One. Article 18 173“9. Reque
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Part One. Article 18 175“22. Stat
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Part One. Article 18 177“4. Parag
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Part One. Article 18 179“(c) A su
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Part One. Article 18 181nevertheles
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Part One. Article 18 183“(c) The
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Part One. Article 18 185offence, ha
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Part One. Article 18 187Rolling tex
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Part One. Article 18 189require tha
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Part One. Article 18 191her persona
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Part One. Article 18 193offences co
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Part One. Article 18 1956. The prov
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Part One. Article 18 197sent of the
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Part One. Article 18 199Paragraph 1
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Article 22.Establishment of crimina
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Article 25.Assistance to and protec
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Article 27.Law enforcement cooperat
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Part One. Article 27 237cle(s) [...
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Part One. Article 27 239“Paragrap
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Article 28.Collection, exchange and
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Article 29.Training and technical a
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Part One. Article 29 253activities
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Article 33.SecretariatRolling text
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Part One. Article 33 281“(b) Upon
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Article 34.Implementation of the Co
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Part One. Article 34 285B. Approved
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Article 38.Entry into forceRolling
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Part One. Article 38 307B. Approved
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Article 40.DenunciationRolling text
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Article 41.Depositary and languages
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PreambleA. Negotiation textsFirst s
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Part Two. Preamble 323“Gravely co
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Part Two. Preamble 325Taking into a
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Article 8.Repatriation of victims o
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Part Two. Article 8 385Notes by the
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Part Two. Article 8 387“2. When a
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Part Two. Article 8 389Paragraph 6(
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Article 10.Information exchange and
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Part Two. Article 10 399Notes by th
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Part Two. Article 10 401“(b) The
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Article 11.Border measuresA. Negoti
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Part Two. Article 11 405“2. State
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Part Two. Article 11 407Notes by th
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Part Two. Article 11 409C. Interpre
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Article 13.Legitimacy and validity
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Part Two. Article 13 417C. Interpre
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Article 12.Security and control of
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Part Three. Article 12 525C. Interp
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Article 14.Training and technical c
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Part Three. Article 14 5335 by the
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Article 17.Agreements and arrangeme
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Article 20.Settlement of disputesA.
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Article 24.DenunciationA. Negotiati
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Deleted articlesNotes by the Secret
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Part FourProtocol against the Illic
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General provisionsArticle 1.Relatio
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Article 3.Use of termsA. Negotiatio
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Part Four. Article 3 617identifying
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Part Four. Article 8 655Proposal by
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Part Four. Article 8 657Amendments
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Article 11.Security and preventive
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Article 12.InformationA. Negotiatio
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Part Four. Article 12 687B. Approve
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Article 13.CooperationA. Negotiatio
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Final provisionsArticle 16.Settleme
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*0460074*Printed in AustriaV.04-600
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