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Kanunları ve Tercümeleri
eve that the foreign proceeding
(a) oes not meet the procedural requirements of the European Convention of Human Rights
and Fundamental Freedoms of 4 November 1950, or the In-ternational Covenant on Civil and
Political Rights of 16 December 1966;
(b) is carried out so as to prosecute or punish a person on account of his political opinions, his
belonging to a certain social group, his race, religion, or nation-ality;
(c) could result in aggravating the situation of the person pursued for any of the reasons
mentioned under letter b; or
(d) is tainted with other grave defects.
Art. 3 Nature of the Offence
(1) A request shall not be granted if the subject of the proceeding is an act which, according to
the Swiss concept, has a predominantly political character, constitutes a violation of the obligati-
on to performmilitary or similar service or appears to be directed against the national defence or
military strength of the requesting State.
(2) The plea [that an act is] of [a] political character shall not be taken into account at all if the
act
(a) was aimed at the extermination or suppression of a population group on ac-count of
nationality, race, religion or ethnical, social or political relationship;
(b) appears particularly reprehensible because the offender, for the purpose of extortion or
duress, jeopardized or threatened to jeopardize freedom, life or limb of men, especially by hijac-
king planes, taking hostages or using means of mass extermination; or
(c) constitutes a serious violation of the humanitarian law of the states within the meaning
of the Geneva conventions of 12 August 1949 and the additional protocols
(3) A request shall not be granted if the subject of the proceeding is an offence which appears
to be aimed at reducing fiscal duties or taxes or which violates regulations concerning currency,
trade or economic policy. However, the following requests may be granted:
(a) request for judicial assistance under the third part of this Act, if the subject of the pro-
ceeding is a duty or tax fraud;
(b) a request under all parts of this Act, if the subject of the proceeding is an ag-gravated
duty or tax fraud in the sense of article 14, paragraph 4 of the Fed-eral Act of 22 March 1974on
Administrative Criminal Law.
Art. 4 Minor Cases
A request shall be rejected if the importance of the offence does not justify the carry-ing out
of the proceedings.