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ATSAUCĒ IETVERT:
Protocol For Implementation Of The Agreement Of The 17 th March 1999 Between The Government Of The Republic Of Latvia And The Government Of The Hellenic Republic Regarding The Readmission Of Persons Whose Entry Or Residence Is Illegal. Publicēts oficiālajā laikrakstā "Latvijas Vēstnesis", 29.04.1999., Nr. 131/132 https://www.vestnesis.lv/ta/id/212684

Paraksts pārbaudīts

NĀKAMAIS

Protokols par Latvijas Republikas valdības un Grieķijas Republikas valdības 1999.gada 17.marta līguma par personu atpakaļuzņemšanu, kuru ieceļošana vai uzturēšanās ir nelikumīga, īstenošanu

Vēl šajā numurā

29.04.1999., Nr. 131/132

PAR DOKUMENTU

Veids: starptautisks dokuments

Pieņemts: 17.03.1999.

RĪKI
Oficiālā publikācija pieejama laikraksta "Latvijas Vēstnesis" drukas versijā.

Protocol For Implementation Of The Agreement Of The 17 th March 1999 Between The Government Of The Republic Of Latvia And The Government Of The Hellenic Republic Regarding The Readmission Of Persons Whose Entry Or Residence Is Illegal

 

Pursuant to the Article10 of the Agreement between the Government of the Hellenic Republic and the Government of the Republic of Latvia concerning the readmission of persons whose entry or residence is illegal, the Minister of Foreign Affairs of the Republic of Latvia and the Minister of Foreign Affairs of the Hellenic Republic, hereinafter refered to as the " Parties", have agreed as follows:

Article 1

ACTUAL PROOF OF CITIZENSHIP

1. The citizenship of the persons to be readmitted of the Parties mentioned in the Article 1 of the Readmission Agreement, is proved by the following documents:

Any type of passport (ordinary, diplomatic, service, document with picture issued by the authorities in replacement of the passports) or any other kind of travel document.

National identity document (even of a temporary valid or special nature).

2. The actual proof of citizenship in the above cases will be effective for the Parties without proceeding to further investigations.

Article 2

PRESUMPTION OF CITIZENSHIP

1. The citizenship of the persons to be readmitted of the Parties mentioned in the Article 1 of the Readmission Agreement, may be presumed in particular on the basis of:

Possession of one of the set forth in Article 1 of this Protocol documents, the validity of which has exprired.

Certificate of citizenship, which may definitely attributed to a particular person.

Certification of identity by consular authority.

Identity document of minors considered as passport.

Provisional identity documents.

Military record book or military passes.

Document granted by the competent authorities of the requested Party which certifies the identity of the person to be readmitted (service pass of an official, company pass, driving licence, extract from the registry office, seamen’s book, etc).

Permit and titles of residence which have expired.

A photocopy of one of the above mentioned documents.

Statements of the person in question, legally taken by the requesting Party.

Statements by witnesses,

Language of the person concerned,

Accurate information provided by the competent official authorities in Article 1 of this Protocol of the Contracting Party.

2. The above evidence for presumption of the citizenship shall be bindingly recognized by the Parties, unless the opposite is proven by the requested Party.

3. In case that there are no doubts regarding the citizenship, the consular authorities of the requested Party grant without any delay to the person to be readmitted a document permitting his/her departure, pursuant to the National Legislation of the requested Party.

4. In case of doubt regarding the citizenship of the person to be readmitted, the requesting Party may request to the consular authorities of the requested Party to proceed to the examination of the person concerned. The examination will take place at a location proposed by the requesting Party, in agreement with the competent consular authorities. The Parties will take care of organising the examination of the person concerned, as soon as possible.

5. When, after the examination or during the period of verification of the particulars obtained at the examination it is proven that the person to be readmitted has the citizenship of the requested Party, the consular authorities of the Party in question will grant him/her the document mentioned in the paragraph 3 of this Article.

Article 3

PROOF AND PRESUMPTION OF ENTRY

1. The entry into the territory of the Parties of an aliens, mentioned in the Article 2 and 3 of the Readmission Agreement, is proven on the basis of the following documents:

An entry stamp or an equivalent corresponding indication in the travel document.

An exit stamp of a state which is frontier to one of the Parties, taking into account the itinerary and the date of the border crossing.

An entry stamp on a false or falsified passport.

The travel documents which can formally establish entry across the borders of the requested Party.

The fingerprints which, eventually, have been taken by the authorities during the crossing of the borders.

2. The entry of aliens into the territories of the Parties mentioned in the same Articles of the Readmission Agreement, may be presumed on the basis of:

Statements by the person to be transferred.

Statements by officials of competent services of the Party or other persons.

Fingerprints in additional of those eventually taken by the authorities during the crossing of the borders.

Travel documents.

Receipts of supplied services (hotels, hospitals, etc).

Passes permitting access to public or private premises in the Parties.

Forms indicating visits to doctors, dentists, etc.

Data indicating that the person to be transferred has used the services of a travel agency or a transporter of illegal immigrants.

Article 4

READMISSION PROCEDURE

For the return — readmission of persons mentioned in Articles 1, 2 and 3 of the Readmission Agreement, one of the following procedures is followed, using one of the forms set forth for each one of them.

a. Return — Readmission under simplified procedure

When a person is arrested in a frontier zone, his return — readmission takes place under the following simplified procedure :

The requesting Party, if the conditions set forth for readmission are met, notifies the competent authorities of the requested Party, mentioned in Article 6 of the present Protocol, orally, by phone or by fax, of the alien’s arrest, requesting his readmission.

The requested Party is obliged, within a period not exceeding 48 hours from the notification of the arrest, to readmit the person concerned.

The return — readmission of the person is effected by the personnel of the border posts of the Parties, mentioned in Article 7 of this Protocol, and an official report is drawn up, pursuant to Annex 1 of the present Protocol.

b. Return — Readmission under normal procedures.

In case that the conditions for application of the simplified procedure are not met, as well as in cases that this procedure is not accepted, the following normal procedure is followed :

The requesting Party, if the conditions for readmission are met, submits a request for the return of the person, pursuant to Annex 2 of this Protocol, to the competent authorities referred to in Article 6 of this Protocol, of the requested Party.

The receipt of the request is certified in writing.

The reply is compulsory within the period provided for in Article 5, par. 1, of the Readmission Agreement.

The return — readmission of the person will take place within the period prescribed by Article 5, par.2 of the Readmission Agreement, through the frontier stations of Article 7 of the present Protocol, and will be certified by the drawing up of a common official report, pursuant to Annex 3 of this Protocol.

2. In any case of implementation of the Readmission procedure, the Parties commit themselves not to proceed to the readmission of an especially large number of persons. This commitment is not valid for a case that the readmission concerns a group of persons entering at the same time the territory of the requesting Party.

Article 5

TRANSIT PASSAGE FOR READMISSION PURPOSE

The Parties, in the cases of Article 7 of the Readmission Agreement, will permit to aliens the transit passage for readmission purposes.

In this case, the competent authorities of the requested Party, set forth in Article 7 of this Protocol, will be informed in advance by the respective authorities of the requesting Party.

The requested Party reserves the right not to permit the transit passage for the purpose of readmission of a an alien, on the grounds of protection of the State Security, the Public Order and the Public Health.

Article 6

COMPETENT AUTHORITIES

The authorities of the Parties which are authorized to submit and accept the requests concerning readmission or free transit, are the following:

FOR THE HELLENIC REPUBLIC

The Directorate of State Security of the Ministry of Public Order for both the cases of readmission and transit passage requests.

Mailing Address

4 P.kanellopoulou str.

10177 – Athens

Tel. no 00301 - 6917326, 6929210

Fax no 00301 - 6921675, 6912661

FOR THE REPUBLIC OF LATVIA

The Board of Immigration Police of State Police of th Ministry of Interior

Mailing Address

5 Raina Blvd.

LV – 1533, Riga

Tel. No. +371 7219176, 7219550

Fax. No. +371 7219301

Article 7

FRONTIER STATIONS FOR THE RETURN–READMISSION OF PERSONS TO BE READMITTED

The return– readmission of the above persons takes place through the following frontier stations of the Parties.

FOR THE HELLENIC REPUBLIC

1. State Airport of Athens "HELLINIKON"

2. State Airport of Salonica "MACEDONIA"

FOR THE REPUBLIC OF LATVIA

International Airport RIGA

Article 8

VALIDITY AND IMPLEMENTATION OF THE PROTOCOL

During the period of implementation of the Readmission Agreement and this Protocol, the representatives of the competent authorities of the Parties, will use in priority the English language.

The experiences obtained from the implementation of this Protocol will be estimated by experts of the Parties. If necessary,also extraordinary meetings will be held.

This Protocol will enter into force simultaneously with the Readmission Agreement and will be terminated simultaneously with the termination of it.

Done in Athens on 17 of March, 1999 in two originals in Greek, Latvian and English languages, each text being equally authentic.

In case of divergence of interpretation, the English text shall prevail.

On Behalf Of The Government Of The Republic Of Latvia Valdis Birkavs The minister Of Foreign Affairs

On Behalf Of The Government Of The Hellenic Republic Yannos Kranidiotis The Alternate Minister Of Foreign Affairs

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Oficiālā publikācija pieejama laikraksta "Latvijas Vēstnesis" drukas versijā.

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