Document ID: chunk:federal_register_of_legislation:F1997B01930:body:0:p4
Version: federal_register_of_legislation:F1997B01930
Segment Type: other
Provision Reference: 
Character Range: 7646–10409

Covenant on Civil and Political Rights: or
       e) if in exceptional cases, the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, deems that, because of the personal circumstances of the person sought, the extradition would be totally incompatible with humanitarian considerations.
3. This Article shall not affect any obligations which have been or shall in the future be assumed by the Contracting Parties under any multilateral Convention.

ARTICLE 4

POSTPONEMENT OF EXTRADITION

1. The Requested State may postpone the surrender of a person:
       a) in order to proceed against that person, or so that that person may serve a sentence, for an offence other than that for which extradition is sought:
       b) when the health or other personal circumstances of the person are sufficiently serious so as to make surrender dangerous to the life of that person or incompatible with humanitarian considerations.
2. In such cases the Requested State shall advise the Requesting State accordingly.

ARTICLE 5

EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS

1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel.
2. The request for extradition shall be accompanied by:
       a) a statement of the acts or omissions which are alleged against the person in respect of each offence for which extradition is sought;
       b) a statement of each offence for which extradition is sought;
       c) the details necessary to establish the identity and nationality of the person sought including, when possible, photographs and fingerprints:
       d) the text of the laws creating the offence and describing the penalty which may be imposed and, if the request is made by Australia for a common law offence, by a statement of the basis of the creation of the offence and the applicable penalty: and
       e) if the request is made by Australia, the text of the laws imposing any limitation in respect of proceedings or, if the request is made by Argentina, the text of the laws relating to the extinguishment of the action or the penalty.
3. When the request relates to a person who has not been convicted, it shall be accompanied by a detention order or a warrant of arrest or by the equivalent writ of legal process, issued by the competent authority of the Requesting State.

SCHEDULE—continued

4. When the request relates to a person who has been convicted, it shall be accompanied by the following documents:
       a) if the request has been made by Australia, a certificate of conviction and a copy of the sentence, if it has been imposed; or if a sentence has not been imposed a statement of intention to impose a sentence:
       b)