Document ID: chunk:federal_register_of_legislation:F2004C00100:body:0:p4
Version: federal_register_of_legislation:F2004C00100
Segment Type: other
Provision Reference: 
Character Range: 7592–10267

Requested State, the absence of such a complaint or authorization shall not affect the obligation to extradite.

ARTICLE 8

 If under the law of the Requesting State a person whose extradition is requested is liable to the death penalty for an offence for which his extradition is requested but the law of the Requested State does not provide for the death penalty in a similar case, that State may refuse extradition of the person unless the Requesting State gives such assurances as the Requested State considered sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.

ARTICLE 9

(1) A request for the extradition of a person claimed shall be in writing.  All documents furnished in support of a request for extradition shall be duly authenticated.

(2) The request shall be accompanied by:

 (a) all available information concerning the identity and nationality of the person claimed; and

 (b) a copy of the relevant provisions of the statute, if any, creating the offence or a statement of the relevant law and in either case a statement of the punishment that can be imposed.

(3) A request for the extradition of a person claimed for the purpose of prosecution shall be accompanied, in addition to the documents provided for in paragraph (2), by a warrant for the arrest, or a copy of the warrant for the arrest of the person claimed, a description of each offence for which the person is claimed, and a statement of the acts or omissions alleged against the person claimed in respect of each such offence.

(4) A request for the extradition of a person claimed  for the carrying out of a sentence shall be accompanied, in addition to the documents provided for in paragraph (2), by a summary statement of the facts of the case unless they appear from the other documents, such documents as provide evidence of the final and binding conviction and a statement that the sentence is immediately enforceable and of the extent to which that sentence has not been carried out.

(5) Extradition may be granted of a person claimed pursuant to the provisions of this Treaty notwithstanding that the requirements of the preceding paragraphs of this Article have not been complied with, provided that the person claimed consents to an order for his extradition being made.

ARTICLE 10

(1) Documents which, in accordance with Article 9, accompany a request for extradition shall be admitted in evidence, if duly authenticated, in any extradition proceedings in the Requested State.

(2) Documents are duly authenticated for the purposes of this Treaty if:

 (a) in the case of warrants they are signed, and in any other case they