Document ID: chunk:federal_register_of_legislation:F2010L01778:body:0:p6
Version: federal_register_of_legislation:F2010L01778
Segment Type: other
Provision Reference: 
Character Range: 12595–15297

that State may request that additional information be furnished within 45 days.

2. If the person whose extradition is sought is under arrest and the additional information furnished is not sufficient in accordance with this Treaty or is not received within the time specified, the person may be discharged. Such discharge shall not preclude the Requesting State from making a fresh request for the extradition of the person.

3. Where the person is discharged in accordance with paragraph 2, the Requested State shall notify the Requesting State as soon as practicable.

Article 8
Provisional arrest

1. In case of urgency a Contracting State may apply by means of the facilities of the International Criminal Police Organisation (INTERPOL) or otherwise for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic or consular channel. The application may be transmitted by post or telegraph or by any other means affording a record in writing.

2. The application shall contain a description of the person sought, a statement that extradition is to be requested through the diplomatic or consular channel, a statement of the existence of one of the documents mentioned in paragraphs 3, 4 or 5 of Article 5 authorising the apprehension of the person, a statement of the punishment that can be imposed or has been imposed for the offence and, if requested by the Requested State, a concise statement of the acts or omissions alleged to constitute the offence.

3. On receipt of such an application the Requested State shall take the necessary steps to secure the arrest of the person claimed and the Requesting State shall be promptly notified of the result of its request.

4. A person arrested upon such application may be set at liberty upon the expiration of 45 days from the date of his arrest if a request for his extradition, supported by the documents specified in Article 5, has not been received.

5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

6. The Contracting States shall indemnify each other in respect of any damages judicially awarded as a result of a person being provisionally arrested without just cause.

Article 9
Requests by more than one State

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the Requesting States of its decision.

2. In determining to which State a person is to be extradited, the