ARTICLE
1
Obligation
to extradite
Each Party agrees to
extradite to the other any person who is wanted in the requesting
State for prosecution for an extraditable offense or for the imposition
or enforcement of a sentence in respect of such an offense.
ARTICLE
2
Extraditable
offenses
- Extraditable offenses
are those punishable under the laws of both Parties by imprisonment
or deprivation of liberty for a maximum period of at least [one/two]
year(s), or by a more severe penalty. Where request for extradition
relates to a person wanted for enforcement of a sentence, extradition
shall be granted only if a period of at least [four/six] months
remains to be served.
- In determining whether
or an offense is punishable under the laws of both Parties, it
shall not matter whether:
a) The laws of both Parties place the acts or omissions constituting
the offense within the same category of offense or denominate
the offense by the same terminology;
b) Under the laws of the Parties the constituent elements of the
offense differ, it is the totality of the acts or omissions that
shall betaken into account.
- Where extradition
is sought for an offense against a law relating to taxation, customs
duties or other revenue matters, extradition may not be refused
on the ground that the law of the requesting State does not impose
the same kind of tax or duty.
- If the request for
extradition includes several separate offenses each of which is
punishable under the laws of both Parties, but some of which do
not fulfill other conditions set out in paragraph 1 of this article,
the requested Party may grant extradition for the latter offenses
provided the persons is to be extradited for at least one extraditable
offense.
ARTICLE
3
Mandatory
grounds for refusal
Extradition shall not be
granted in any of the following circumstances:
- If the offense for
which extradition is requested is regarded as apolitical offense;
- If there are grounds
to believe the request has been made to prosecute or punish a
person on account of that person's race, religion, nationality,
ethnic origin, political opinions, sex or status, or that the
person's position may be prejudiced for any of these reasons;
- If the offense is
an offense under military law and not also an offense under criminal
law;
- If final judgment
has been rendered against the person in the requested State in
respect of the offense for which the persons' extradition is requested;
- If the person whose
extradition has been requested has, under the law of either Party,
become immune from prosecution or punishment for any reason, including
lapse of time or amnesty;
- If the person would
be subjected to torture or cruel, inhuman treatment or degrading
punishment or if that person has not or would not receive the
minimum guarantees in criminal proceedings as contained in the
International Covenant on Civil and Political Rights, article
14.
- If the judgment of
the requesting State has been rendered in absentia, the convicted
person has not had sufficient notice of the trial nor opportunity
to arrange for a defense and has not or will not have the opportunity
to have the case retried.
ARTICLE
4
Optional
grounds for refusal
Extradition may be refused
in any of the following circumstances:
- If the person whose
extradition is requested is a national of the requested State;
- If the competent
authorities of the requested State have decided either not to
institute or to terminate proceedings against the person for the
offense for which extradition is requested;
- If prosecution in
the requested State is pending for the same offense;
- If the offense carries
the death penalty under the law of the requesting State;
- If the offense has
been committed outside the territory of either Party and the law
of the requested State does not provide for jurisdiction over
such an offense committed outside its territory;
- If the offense is
regarded under the law of the requested State as having been committed
in whole or in part within that State;
- If the person whose
extradition has been requested has been sentenced or would be
liable to be tried in the requesting State by an extraordinary
or ad hoc court or tribunal;
- If extradition would
be incompatible with humanitarian considerations in view of age,
health or other personal circumstances of that person.
ARTICLE
5
Channels of communication and required documents
- A request for extradition
shall be made in writing and transmitted, along with supporting
documents, through diplomatic channels directly between the ministries
of justice or other designated authorities.
- A request shall be
accompanied by the following:
- In all cases,
i) As accurate a description as possible of the person
sought and information to help establish that person's identity,
nationality and location;
ii) The text of the relevant provision of the law creating the
offense and a statement of the penalty that can be imposed;
- If a warrant for
arrest has been issued, by a certified copy of that warrant,
a statement of the offense for which extradition is requested
and a description of the acts or omissions constituting the
alleged offense;
- If the person has
been convicted, by a statement of the offense and a description
of the acts or omissions constituting the offense and by the
original or certified copy of the judgment;
- If the person has
been convicted in his or her absence, in addition to the documents
set out in paragraph 2 c), by a statement as to the legal means
available to the person to prepare a defense or have the case
retried;
- If the person has
been convicted but no sentence imposed, by a statement of the
offense, a document setting out the conviction and a statement
affirming intent to impose a sentence.
- The documents shall
be accompanied by a translation into the language of the requested
State or another language acceptable to that State.
ARTICLE
6
Simplified
extradition procedure
The requested State
may grant extradition after receipt of a request for provisional
arrest, provided that the person sought explicitly consents before
a competent authority.
ARTICLE
7
Certification
and authentication
Except as provided by
this Treaty, a request for extradition and the supporting documents
thereto. shall not require certification or authentication.
ARTICLE
8
Additional
information
If the requested State
considers that the information provided in a request for extradition
is not sufficient, it may request additional information to be furnished
within such reasonable time as it specifies.
ARTICLE
9
Provisional
arrest
- In case of urgency,
the requesting State may apply for the provisional arrest of the
person sought pending presentation of the request or extradition.
- The application for
provisional arrest shall contain a description of the person sought,
a statement of the existence of one of the documents mentioned
in paragraph 2 of article 5, a statement of the punishment that
has or can be imposed and a concise statement of the facts of
the case and the location, where known, of the person.
- The requested State
shall decide on the application and communicate its decision without
delay.
- The person arrested
shall be set at liberty upon the expiration of [40] days if a
request for extradition supported by the relevant documents has
not been received.
- Such release shall
not prevent rearrest and institution of extradition proceedings
if the request is subsequently received.
ARTICLE
10
Decision
on the request
- The requested State
shall promptly communicate its decision on the request for extradition
to the requesting State.
- Reasons shall be
given for any complete or partial refusal of the request.
ARTICLE 11
Surrender
of the person
- Upon being informed
that extradition has been granted, the Parties shall without undue
delay arrange for the surrender of the person sought and the requested
State shall inform the requesting State of the length of time
for which the person was detained with a view to surrender.
- The person shall
be removed from the territory of the requested State within such
reasonable time as the requested State specifies and, if the person
is not removed by then, the requested State may release the person
and may refuse extradition for the same offense.
- If circumstances
beyond its control prevent a Party from surrendering or removing
the person to be extradited it shall notify the other Party and
a new date of surrender will be agreed upon.
ARTICLE
12
Postponed
or conditional surrender
- The requested State
may postpone the surrender of a person sought in order to proceed
against that person or enforce a sentence imposed for an offense
other than that for which extradition is sought.
- The requested State
may, instead of postponing surrender, temporarily surrender the
person sought to the requesting State in accord with conditions
determined between the Parties.
ARTICLE
13
Surrender
of property
- To the extent permitted
under the law of the requested State and subject to the rights
of third parties, all property found in the requested State that
has been acquired as a result of the offense or that may be required
as evidence shall, upon request, be surrendered if extradition
is granted.
- Said property may,
on request, be surrendered to the requesting State even if the
extradition having been agreed to cannot be carried out.
- When said property
is liable to seizure or confiscation in the requested State, it
may retain it or temporarily hand it over.
- Where the law of
the requested State or protection of the rights of third parties
so require, any property so surrendered shall be returned to the
requested State free of charge after completion of proceedings,
if that State so requests.
ARTICLE
14
Rule
of speciality
- A person extradited
under this Treaty shall not be proceeded against, sentenced, detained,
re-extradited to a third State, or subjectedto any other restriction
of personal liberty in the territory of therequesting State for
any offence committed before surrender other than:
- An offence for
which extradition was granted;
- Any other offence
in respect of which the requested State consents.
- A request for the
consent of the requested State under this articleshall be accompanied
by the documents mentioned in paragraph 2 of article 5 and a legal
record of any statement made by the extradited person with respect
to the offense.
- Paragraph 1 of this
article shall not apply if the person has hadan opportunity to
leave the requesting State and has not done so within [30/45]
days of final discharge in respect of the offense for which that
person was extradited or if the person has voluntarily returned
to the territory of the requesting State after leaving it.
ARTICLE
15
Transit
- Where a person is
to be extradited to a Party from a third State through the territory
of the other Party, the Party to which the person is to be extradited
shall request the other Party to permit transit through its territory.
- The requested State
shall grant such a request expeditiously unless its essential
interests would be prejudiced thereby.
- The State of transit
shall ensure legal provisions enabling the person to be held in
custody during transit.
- In the event of an
unscheduled landing, the Party to be requested to permit transit
may, at the request of the escorting officer, hold the person
in custody for [48 hours] pending receipt of the transit request.
ARTICLE
16
Concurrent
requests
If a party receives
requests for extradition for the same person from both the other
Party and a third State it shall, at its discretion, determine to
which of those States the person is to be extradited.
ARTICLE
17
Costs
- The requested State
shall meet the cost of any proceedings in its jurisdiction arising
out of a request for extradition.
- The requested State
shall also bear the costs incurred in its territory with the seizure
and handing over of property or the arrest and detention of the
person sought.
- The requesting State
shall bear the costs incurred in conveying the person from the
territory of the requested State, including transit costs.
ARTICLE
18
Final
provisions
- This Treaty is subject
to (ratification, acceptance or approval).
- This Treaty shall
enter into force on the thirtieth day after the day on which the
instruments of (ratification, acceptance or approval) are exchanged.
- This Treaty shall
apply to requests made after its entry into force, even if the
relevant acts or omissions occurred prior to that date.
- Either Party may
denounce this Treaty by giving notice in writing to the other
Party. Such denunciation shall take effect six months following
the date on which notice is received by the other Party.
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