Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p11
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
Provision Reference: 
Character Range: 24750–27348

State.

 '7. When a person has been convicted in his absence of an extraditable offence, then, for the purposes of this Treaty, the person shall be deemed not to have been convicted of that offence but shall be deemed to be accused of that offence.'

Article 2

 The text of Article VII of the Treaty shall be replaced by the following:

'1. A request for extradition shall be made in writing. All documents furnished in support of a request for extradition shall be duly authenticated.

'2. The request for extradition shall be accompanied:

 (a) if the person is accused of an offence — by a warrant for the arrest or a copy of the warrant for arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the fugitive in respect of each offence;

 (b) if the person has been convicted of an offence — by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out;

 (c) if the person has been convicted of an offence but no sentence has been imposed — by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;

 (d) in all cases by documents setting out the relevant provision of the statute, 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, as the case may be, and in either case a statement of the punishment that can be imposed for the offence; and

 (e) in all cases by documentation as to the nationality and residence of the person and that establishes that the person whose surrender is sought is the person accused or convicted of the extraditable offence.

 '3. To the extent permitted by the law of each Contracting Party extradition may be granted of a person sought pursuant to the provisions of this Treaty notwithstanding that the requirements of paragraph 2 of this Article have not been complied with provided that the person sought consents to an order for his extradition being made.'

Article 3

1. This Protocol shall enter into force 30 days after the date of signature.

2. This Protocol shall remain in force so long as the Treaty remains in force.

 IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

 DONE in duplicate at Stockholm on the sixth day of September One thousand nine hundred and eighty-five in the