Document ID: chunk:federal_register_of_legislation:F2010L01912:body:0:p4
Version: federal_register_of_legislation:F2010L01912
Segment Type: other
Provision Reference: 
Character Range: 7624–10421

tried or sentenced in the Requesting State by an extraordinary or ad hoc court or tribunal;

       d. if the Requested State believes that the surrender is likely to have exceptionally serious consequences for the person whose extradition is sought, including because of the person's age or state of health.

ARTICLE 5
EXTRADITION OF NATIONALS

The nationals of one Contracting State may be extradited to the other Contracting State. If extradition is not granted, the Requested State shall, on the request of the Requesting State, submit the case to its competent authorities for prosecution in accordance with the provisions of this Treaty and the laws of the Requested State.

ARTICLE 6
EXTRADITION AND PROSECUTION

1. The request for extradition may be refused by the Requested State if the person whose extradition is sought may be tried for the extradition offence in the courts of that State.

2. Where the Requested State refuses a request for extradition for the reason set out in paragraph 1 of this Article, it shall submit the case to its competent authorities so that prosecution may be considered. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

3. If the competent authorities decide not to prosecute the request for extradition shall be reconsidered in accordance with this Treaty.

ARTICLE 7
EXTRADITION PROCEDURES

1. The request for extradition under this Treaty shall be made in writing and communicated through diplomatic channels.

2. All documents submitted in support of a request for extradition shall be authenticated in accordance with paragraph 2 of Article 9. Three copies of the request and supporting documents shall also be provided. However, the copies need not be authenticated.

3. The request shall be accompanied by:

       a. the details necessary to establish the identity and nationality of the person sought including, where possible, photographs and fingerprints;

       b. a statement of the current location of the person, if known;

       c. a statement of each offence for which extradition is sought;

       d. a statement of the acts and omissions which are alleged against the person in respect of each offence for which extradition is sought;

       e. the text of the laws creating each offence and describing the penalty which may be imposed; and

       f. a statement as to whether there is any limitation in respect of proceedings or punishment.

4. If the request relates to an accused person, it must also be accompanied by a warrant of arrest, or a copy thereof, issued by a Judge, Magistrate, or other competent authority in the territory of the Requesting State and such documents or other information required by the Requested State