 |
|
|
Extradition
- This article shall apply to the offences established by the Parties
in accordance with article 3, paragraph 1.
- Each of the offences to which this article applies shall be deemed
to be included as an extraditable offence in any extradition treaty
existing between Parties. The Parties undertake to include such offences
as extraditable offences in every extradition treaty to be concluded
between them.
- If a Party which makes extradition conditional on the existence
of a treaty receives a request for extradition from another Party
with which it has no extradition treaty, it may consider this convention
as the legal basis for extradition in respect of any offence to which
this article applies. The Parties which require detailed legislation
in order to use this Convention as a legal basis for extradition shall
consider enacting such legislation as may be necessary.
- The Parties which do not make extradition conditional on the existence
of a treaty shall recognize offences to which this article applies
as extraditable offences between themselves.
- Extradition shall be subject to the conditions provided for by
the law of the requested Party or by applicable extradition treaties,
including the grounds upon which the requested Party may refuse extradition.
- In considering requests received pursuant to this article, the
requested State may refuse to comply with such requests where there
are substantial grounds leading its judicial or other competent authorities
to believe that compliance would facilitate the prosecution or punishment
of any person on account of his race, religion, nationality or political
opinions, or would cause prejudice for any of those reasons to any
personal affected by the request.
- The Parties shall endeavor to expedite extradition procedures and
to simplify evidentiary requirements relating thereto in respect of
any offence to which this article applies.
- Subject to the provisions of its domestic law and its extradition
treaties, the requested Party may, upon being satisfied that the circumstances
so warrant and are urgent, and at the request of the requesting Party,
take a person whose extradition is sought and who is present in its
territory into custody or take other appropriate measures to ensure
his presence at extradition proceedings.
- Without prejudice to the exercise of any criminal jurisdiction
established in accordance with its domestic law, a Party in whose
territory an alleged offender is found shall:
(a) If it does not extradite him in respect of an offence established
in accordance with article 3, paragraph 1, on the grounds set forth
in article 4, paragraph 2, subparagraph (a), submit the case to its
competent authorities for the purpose of prosecution, unless otherwise
agreed with the requesting Party;
(b) If it does not extradite him in respect of such an offence and
has established its jurisdiction in relation to that offence in accordance
with article 4, paragraph 2, subparagraph (b), submit the case to
its competent authorities for the purpose of prosecution, unless otherwise
requested by the requesting Party for the purposes of preserving its
legitimate jurisdiction.
- If extradition, sought for purposes of enforcing a sentence, is
refused because the person sought is a national of the requested Party,
the requested Party shall, if its law so permits and in conformity
with the requirements of such law, upon application of the requesting
Party, consider the enforcement of the sentence which has been imposed
under the law of the requesting Party, or the remainder thereof.
- The Parties shall seek to conclude bilateral and multilateral agreements
to carry out or to enhance the effectiveness of extradition.
- The Parties may consider entering into bilateral or multilateral
agreements, whether ad hoc or general, on the transfer to their country
of persons sentenced to imprisonment and other forms of deprivation
of liberty for offences to which this article applies, in order that
they may complete their sentences there.
|
|
|
 |
HOME
