Document ID: chunk:federal_register_of_legislation:F1998B00379:body:0:p6
Version: federal_register_of_legislation:F1998B00379
Segment Type: other
Provision Reference: 
Character Range: 12737–15510

of urgency the Requesting State may apply by means of the facilities of the International Criminal Police Organisation (INTERPOL), or through the diplomatic channel, for the provisional arrest of the person sought pending the presentation of the request for extradition. The application for provisional arrest may be transmitted by any 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 channel, a statement of the existence of one of the documents mentioned in paragraph 2 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, indicating any term still to be served 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. 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.

4. A person arrested upon such an application may be set at liberty upon the expiration of 60 days from the date of his arrest if a request for his extradition, supported by the documents specified in Article 5 and conveyed through the diplomatic channel, 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 and the relevant supporting documents are subsequently received.

Article 8
Additional information

1. If the Requested State considers that the information furnished in support of a request for extradition is not sufficient in accordance with this Treaty to enable extradition to be granted 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 of this Article, the Requested State shall notify the Requesting State forthwith.

Article 9
Conflicting requests

1. Where requests are received from two or more States for the extradition of the same person, in relation to the same offence or