Document ID: chunk:federal_register_of_legislation:F1996B01255:body:0:p5
Version: federal_register_of_legislation:F1996B01255
Segment Type: other
Provision Reference: 
Character Range: 10726–13477

to his being so detained, tried or subjected to a restriction of his personal liberty; or

         (b) be detained in the Requesting State for the purpose of his being extradited to a third State for an offence committed before his surrender unless the Requested State consents to his being so detained.

2. A request for the consent of the Requested State under this Article shall be accompanied by a copy of any statement made by the extradited person in respect of the offence concerned and by the documents mentioned in subparagraphs (a), (e) and (f) of paragraph 2 of Article 11 in respect of the offence concerned.

3. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the territory of the Requesting State after leaving it.

    Article 9
    Exceptions to Extradition

1. Extradition shall not be granted in any of the following circumstances:
         (a) where the person sought has acquired exemption from prosecution or punishment by reason of lapse of time or other lawful cause according to the law of either Contracting State in respect of the act or omission constituting the offence for which extradition is requested;
         (b) where the act or omission constituting the offence for which extradition is requested is of a kind that, under the law of the Requested State, constitutes an offence only against military law;
         (c) where the person whose extradition is requested is liable to be tried by a court or tribunal that is especially established for the purpose of trying his case or is only occasionally, or under exceptional circumstances, authorised to try such cases or his extradition is requested for the purpose of his serving a sentence imposed by such a court or tribunal;

         (d) where the Requested State has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions; or
         (e) where the Requested State has substantial reasons for believing that the person whose extradition is requested will be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

2. Extradition may be refused in any of the following circumstances:
         (a) where an investigation is in progress or a prosecution is pending in the Requested State in respect of the offence for which the extradition of the person is requested;
         (b) where the Requested State, while also taking into account the nature of the offence and the