BWBV0005381
Geldig vanaf 29-03-1998
Artikel 34
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1. The military authorities shall render all assistance in their power to secure compliance with judgments, decisions, orders and settlements (vollstreckbare Titel) in non-criminal proceedings of German courts and authorities.
2. a) A member of a force or of a civilian component or a dependent may be deprived of his personal liberty by a German authority or court in non-criminal proceedings only to punish contempt of court or to secure compliance with a judicial or administrative decision or order that he culpably has failed or fails to obey. Deprivation of liberty shall not be authorised in respect of an act or omission done in the performance of official duty. A certificate by the highest appropriate authority of the sending State stating that the act or omission concerned was done in the performance of official duty shall be binding on German agencies. In other cases the German agencies shall give due consideration to representations of the highest appropriate authority of the sending State that compelling interests contravene such deprivation of liberty.
b) A deprivation of liberty pursuant to this paragraph may take place only after the military authorities have arranged, if they find it necessary, for the replacement of the individual concerned. The military authorities shall take all necessary and reasonably acceptable measures to this end without delay, and render all assistance within their power to the German authorities responsible for enforcing an order or decision in accordance with this paragraph.
c) When a deprivation of liberty in accordance with this paragraph is to take place within accommodation made available for the exclusive use of the force or of the civilian component, the sending State, following consultation with the German court or authority concerning the modalities, may also have the measure carried out by its own police. In this case the deprivation of liberty shall take place without delay, and, to the extent desired by the German side, in the presence of representatives of the German court or authority.
3. A payment due to a member of a force or of a civilian component from his Government shall be subject to attachment, garnishment or other form of execution ordered by a German court or authority to the extent permitted by the law applicable in the territory of the sending State. Assistance under paragraph 1 of this Article shall also include providing information on possible execution against pay already disbursed.
4. Where the enforcement of a judgment, decision, order and settlement in non-criminal proceedings of a German court or authority is to take place within an installation of a force, such enforcement shall be effected by a German enforcement officer in the presence of a representative of the force.
2. a) A member of a force or of a civilian component or a dependent may be deprived of his personal liberty by a German authority or court in non-criminal proceedings only to punish contempt of court or to secure compliance with a judicial or administrative decision or order that he culpably has failed or fails to obey. Deprivation of liberty shall not be authorised in respect of an act or omission done in the performance of official duty. A certificate by the highest appropriate authority of the sending State stating that the act or omission concerned was done in the performance of official duty shall be binding on German agencies. In other cases the German agencies shall give due consideration to representations of the highest appropriate authority of the sending State that compelling interests contravene such deprivation of liberty.
b) A deprivation of liberty pursuant to this paragraph may take place only after the military authorities have arranged, if they find it necessary, for the replacement of the individual concerned. The military authorities shall take all necessary and reasonably acceptable measures to this end without delay, and render all assistance within their power to the German authorities responsible for enforcing an order or decision in accordance with this paragraph.
c) When a deprivation of liberty in accordance with this paragraph is to take place within accommodation made available for the exclusive use of the force or of the civilian component, the sending State, following consultation with the German court or authority concerning the modalities, may also have the measure carried out by its own police. In this case the deprivation of liberty shall take place without delay, and, to the extent desired by the German side, in the presence of representatives of the German court or authority.
3. A payment due to a member of a force or of a civilian component from his Government shall be subject to attachment, garnishment or other form of execution ordered by a German court or authority to the extent permitted by the law applicable in the territory of the sending State. Assistance under paragraph 1 of this Article shall also include providing information on possible execution against pay already disbursed.
4. Where the enforcement of a judgment, decision, order and settlement in non-criminal proceedings of a German court or authority is to take place within an installation of a force, such enforcement shall be effected by a German enforcement officer in the presence of a representative of the force.
- Citeren als
- Art. 34
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl