Document ID: chunk:federal_register_of_legislation:F1996B00641:body:0:p4
Version: federal_register_of_legislation:F1996B00641
Segment Type: other
Provision Reference: 
Character Range: 7665–10387

or health of the person sought.

5. If the offence for which extradition is sought is an offence considered strictly military.  For the purposes of this Treaty, strictly military offences shall be those acts or omissions proper to the military service that are included only in special laws applicable to members of the Armed Forces.

VI
Obligations arising from multilateral agreements

This Treaty shall not affect any obligation the Contracting States may have assumed or shall assume in the future in accordance with the provisions of any multilateral agreement to which both Contracting States are parties.

VII
Excluded penalties

No person surrendered according to the provisions of this Treaty may suffer the death penalty or be subject to torture or any cruel, inhuman or degrading punishment.

VIII
Postponement of surrender

1. Where the person whose extradition is sought is being prosecuted or is serving a sentence in the Requested State for an offence other than the one for which the extradition is requested, the surrender of the person may be postponed until he or she is available to be surrendered in accordance with the laws of the Requested State.  No civil case in the Requested State, to which the person sought is a party, shall avoid or postpone the surrender.

2. Where the health or other personal circumstance of the person sought are such that the surrender would put his or her life in danger or where the surrender is incompatible with humanitarian considerations, the surrender may be postponed until the situation does not represent or pose a danger to his or her life nor is incompatible with humanitarian considerations.

IX
Extradition proceedings and documents requested

1. The request for extradition and for the seizure of property related to the offence shall be submitted in writing and shall be communicated by diplomatic means.

2. The extradition request shall be accompanied by:
         (a) where the person is accused of an offence, a copy of the warrant for the arrest of the person or a copy of the equivalent writ of legal process authorizing the apprehension of the person, a statement of each offence for which extradition is sought, a statement of the acts or omissions that have been alleged against the person in respect of each offence, as well as copies of documents or other information in support of the warrant of arrest in respect of the person sought;
         (b) where the person has been convicted of an offence, such documents as provide evidence of the conviction, a copy of the sentence imposed, the fact that the sentence is immediately enforceable and the extent to which the sentence has not been carried out, as well as copies of documents or other