Document ID: chunk:federal_register_of_legislation:F2010L01778:body:0:p4
Version: federal_register_of_legislation:F2010L01778
Segment Type: other
Provision Reference: 
Character Range: 7646–10365

the interests of the Requesting State, considers that, in the circumstances of the case, including the age, health or other personal circumstances of the person whose extradition is sought, the extradition of that person would be unjust, oppressive, incompatible with humanitarian considerations or too severe a punishment.

Article 4
Postponement of surrender

1. When the person whose extradition is sought is being, or will be, prosecuted, or is serving a sentence in the Requested State for an offence other than that for which extradition is sought, the Requested State may postpone surrender of the person until that person is available to be surrendered in accordance with the law of that State. No civil case to which the person sought is a party in the Requested State may prevent or delay surrender.

2. When the health or other personal circumstances of the person are such as would make surrender dangerous to the life of the person or incompatible with humanitarian considerations, the Requested State may postpone surrender until it no longer poses a danger to life or is incompatible with humanitarian considerations.

3. Where the Requested State postpones the surrender of a person sought pursuant to this article, it shall advise the Requesting State accordingly.

Article 5
Extradition procedure and required documents

1. A request for extradition shall be made in writing and communicated through the diplomatic or consular channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 6.

2. In all cases the request for extradition shall be accompanied by:

(a) a statement of each offence for which extradition is sought;

(b) a statement of the acts or omissions which are alleged against the person in respect of each offence;

(c) the text of the relevant provisions of the law, if any, creating the offence or a statement of the relevant law as to the offence including any law relating to the limitation of proceedings or the prescription of the offence, and a statement of the punishment that can be imposed for the offence;

(d) as accurate a description as possible of the person sought together with any other information which may help to establish that person's identity and nationality.

3. When the request for extradition relates to a person accused of an offence or to a person who has been convicted in his absence the request shall also be accompanied by:

(a) a warrant for the arrest, or a copy of the warrant for the arrest, of that person; and

(b) in relation to a person convicted in his absence, an undertaking by the Requesting State that the person shall be deemed not to have been convicted of that offence,