Document ID: chunk:federal_register_of_legislation:F1998B00379:body:0:p8
Version: federal_register_of_legislation:F1998B00379
Segment Type: other
Provision Reference: 
Character Range: 17769–20502

if the Requesting State so requests, be surrendered to the Requesting State even if the extradition cannot be carried out owing to the death or escape of the person sought.

3. Where the law of the Requested 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

A person extradited under this Treaty shall not be detained, tried or punished in the territory of the Requesting State for an offence committed prior to the date of the request for extradition, other than the offence for which extradition was granted, unless:

       (a) that person leaves the territory of the Requesting State after extradition and voluntarily returns to it;

       (b) that person does not leave the territory of the Requesting State within 30 days of being free to do so; or

       (c) the Requested State so consents. In such case, a request for consent shall be submitted, attaching the documents mentioned in Article 5 and a record of any statement made by the person extradited in relation to the offence in question. Consent may be given where the offence in respect of which it is requested is extraditable in accordance with the provisions of this Treaty.

This Article shall not apply to offences committed after the extradition.

Article 13
Surrender 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 surrender that person to any third state for an offence committed before his surrender unless:

       (a) the Requested State consents to that surrender;

       (b) the person leaves the territory of the Requesting State after extradition and voluntarily returns to it; or

       (c) the person does not leave the territory of the Requesting State within 30 days of being free to do so.

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 of this Treaty.

Article 14
Transit

1. Where a person is to be extradited to a Contracting State from a third state through the territory of the other Contracting State, the Contracting State to which the person is to be extradited shall request the other Contracting State, through the diplomatic channel, to permit the transit of that person through its territory. Such request shall be accompanied with the document authorising the extradition or copy thereof.

2. Upon receipt of such a request the Requested Contracting State shall permit the transit, unless it is satisfied that there are reasonable grounds for refusing to do so, or reasons