Document ID: chunk:federal_register_of_legislation:F2004C00142:body:0:p7
Version: federal_register_of_legislation:F2004C00142
Segment Type: other
Provision Reference: 
Character Range: 14947–17524

trial of the person surrendered if that State so requests.

3. This article shall not be applied so as to prejudice the rights of any person in respect of any property.

ARTICLE XV

1. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not —

 (a) 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 —
            (i) an offence for which he was extradited or any other offence to which Article II applies of which he could be convicted upon proof of the facts upon which the request for his extradition was based; or
            (ii) any other offence to which Article II applies in respect of which the requested State consents to his being so detained, tried or subjected to a restriction of his personal liberty; or

 (b) be detained in the requesting State for the purpose of his being extradited to a third State unless the requested State consents to his being so detained.

2. A request for the consent of the requested State under this Article shall be accompanied by such information and documents as are required by that State.

3. Paragraph 1 of this Article does not apply if the person has had an opportunity, throughout a period of forty-five days after the completion of legal proceedings, and the serving of any sentence that may have been imposed upon him, for the offence for which extradition was granted, to leave the requesting State or if he has returned to that State after having left it.

ARTICLE XVI

 If extradition is refused, or is refused in respect of one or more of the offences for which extradition was requested, the requested State shall inform the requesting State as soon as possible of the refusal and of the reasons for the refusal.

ARTICLE XVII

1. In case of urgency the requesting State may apply for the provisional arrest of a person pending the making of a request for the extradition of the person.

2. The application shall be accompanied by —

 (a) a statement of intention to request the extradition of the person;

 (b) a statement that a warrant for the arrest of the person for the alleged commission of an offence for which his extradition may be requested under this Treaty has been issued by a competent authority in the requesting State or that the person has been convicted of such an offence in the territory of the requesting State; and

 (c) such further information, if any, as would, according to the law in force in the part of the territory