Document ID: chunk:federal_register_of_legislation:F1996B00641:body:0:p3
Version: federal_register_of_legislation:F1996B00641
Segment Type: other
Provision Reference: 
Character Range: 5198–7908

obligation to establish jurisdiction or to extradite pursuant to an international agreement to which they are both parties.

2. Where there exist substantial reasons to believe that there is an intention to prosecute or punish a person on account of that person's race, religion, nationality or political opinion, or the situation of the person whose extradition is sought may be prejudiced for any of these reasons.

3. Where the person has been or shall be judged or sentenced by an extraordinary or ad hoc tribunal in the Requesting State.  A court which has been established by law which existed before the offence was committed shall not be considered an ad hoc tribunal.

4. Where the person sought has served the sentence or has been pardoned or acquitted by a court or competent authority of the Requested State or in a third State in respect of the act or omission constituting the offence for which the extradition has been requested or where the person has been granted amnesty in the Requested State for the offence.

5. When the person sought cannot be prosecuted or convicted by reason of any limitation, including the lapse of time, imposed by the law of either Contracting State.

V
Discretionary refusal of extradition

Extradition may be refused in the following circumstances:

1. If the person whose extradition is claimed is a national of the Requested State.  Where the Requested State does not grant the extradition of one of its nationals, it shall submit the case, if its laws allow it, and if so requested by the Requesting State, to its competent authorities and shall notify in due time the result to the Requesting State.  Nationality shall be determined at the time of the commission of the offence for which extradition is requested.

2. If extradition has been requested for an offence that, according to the laws of the Requested State, has been committed in whole or in part within that State or within the jurisdiction of said State.  In any case, extradition may be granted if the Requested State has decided not to institute proceedings.

3. If prosecution against the person whose extradition is sought is pending in the Requested State in relation to the offence for which  extradition is requested.

4. Where the Requested State, while taking into account the nature of the offence and the interests of the Requesting State, considers that the extradition would be incompatible with humanitarian considerations such as the age or health of the person sought.

5. If the offence for which extradition is sought is an offence considered strictly military.  For the purposes of this Treaty, strictly military offences shall be those acts or omissions proper to the military