Document ID: chunk:federal_register_of_legislation:F1996B01250:body:0:p3
Version: federal_register_of_legislation:F1996B01250
Segment Type: other
Provision Reference: 
Character Range: 5128–7866

reason of lapse of time; or
    (f) if the person, has been, or on being extradited to the Requesting State would be liable to be, tried or sentenced in that State, by a court or tribunal that has been specially established directly or indirectly for the purpose of trying the person's case.
2. Extradition may be refused in any of the following circumstances:
    (a) if the person whose extradition is requested is a national of the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if the other State so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been requested may be taken if that is considered appropriate. Nationality shall be determined at the time of the commission of the offence for which extradition is requested;
    (b) if the courts of the Requested State are competent, and the Requested State will prosecute the person for the offence for which extradition is requested;
    (c) if the offence for which the extradition is requested or any other offence for which the person may be detained or tried in accordance with this Treaty, is punishable by death under the laws of the Requesting State, unless that State undertakes that the death penalty will not be carried out;
    (d) if the offence for which extradition is requested is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant on Civil and Political Rights; or
    (e) if the Requested State, while also taking into account the nature of the offence and 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 requested, the extradition of that person would be unjust, oppressive, incompatible with humanitarian considerations or too severe a punishment.

SCHEDULE—continued
3. This Article shall not affect any obligations which have been or shall in the future be assumed by the Contracting States under any multilateral Convention.

ARTICLE 5
POSTPONEMENT OF EXTRADITION
The Requested State may postpone the surrender of a person in order to proceed against that person, or so that that person may serve a sentence for an offence other than an offence constituted by an act or omission for which extradition is requested. In such case the Requested State shall advise the Requesting State accordingly.

ARTICLE 6
EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS
1. A request for extradition shall be made in writing and shall be communicated through the