Document ID: chunk:federal_register_of_legislation:F1997B01926:body:0:p7
Version: federal_register_of_legislation:F1997B01926
Segment Type: other
Provision Reference: 
Character Range: 15098–17747

State or the rights of third parties so require, any articles so surrendered shall be returned to the Requested State free of charge if that State so requests.

ARTICLE 12

Rule of speciality

1. Subject to paragraph 3, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of his personal liberty, in the territory of the Requesting State for any offence committed before his extradition other than:
      (a) an offence for which his extradition was granted or any other offence described in Article 1 of which he could be convicted upon proof of the facts upon which the request for his extradition was based provided that that offence does not carry a penalty which is more severe than that which could be imposed for the offence for which extradition was sought; or
      (b) any other offence in respect of which the Requested State consents, in accordance with its law, to his being so detained, tried or subjected to a restriction of his personal liberty.

2. A request for the consent of the Requested State under this Article shall be accompanied by the documents mentioned in Article 5.

3.Paragraph 1 does not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 days of 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 13
Re-extradition to a third state

1. Where a person has been surrendered to the Requesting State by the Requested State, the first-mentioned State shall not extradite that person to any third state for an offence committed before his surrender unless:

SCHEDULE—continued
      (a) the Requested State consents to such extradition; or
      (b) the person has had an opportunity to leave the Requesting State and has not done so within forty five days of discharge in respect of the offence for which that person was surrendered by the Requested State or has returned to the territory of the Requesting State after leaving it.

2. Before acceding to a request pursuant to sub-paragraph (1) (a) of this Article, the Requested State may request the production of the documents mentioned in Article 5.

ARTICLE 14
Transit

1. Where a person is to be extradited to a Contracting Party from a third state or from a Contracting Party to a third state through the territory of the other Contracting Party, the Contracting Party to which or from which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.

2. Upon