Document ID: chunk:federal_register_of_legislation:F2010L01912:body:0:p8
Version: federal_register_of_legislation:F2010L01912
Segment Type: other
Provision Reference: 
Character Range: 17725–20337

any other restriction of her or his personal liberty, within the territory of the Requesting State for or in respect of any offence committed before he was returned to that territory other than:

       a. the offence in respect of which the person was returned;

       b. any other extraditable offence disclosed by the facts upon which the request for extradition was based, provided that the offence does not carry a penalty which is more severe than that which could be imposed for the offence in respect of which the person was returned; or

       c. any other extraditable offence in respect of which the Requested State may consent to the person being dealt with.

2. A person extradited under this Treaty may not be extradited to a third State for an offence committed prior to his extradition unless the Requested State consents.

3. Paragraphs 1 and 2 of the present Article shall not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has voluntarily returned to the territory of the Requesting State after leaving it.

4. A request for the consent of the Requested State under the present Article shall be accompanied by such of the documents as mentioned in Article 7 of the present Treaty as may be sought by the Requested State.

ARTICLE 16
TRANSIT

1. Where a person is to be extradited to a Contracting State from a third State through the territory of the other State, the State to which the person is to be extradited shall request the other State to permit the transit of that person through its territory. This does not apply where air transport is used and no landing in the territory of the other State is scheduled. A person in transit may be held in custody during the period of transit.

2. Upon receipt of such a request, which shall contain relevant information, the Requested State shall deal with this request expeditiously pursuant to procedures provided by its own law.

3. In the event of an unscheduled landing, the State to be requested to permit transit may, at the request of the escorting officer, hold the person in custody, subject to its law, pending receipt of the transit request to be made in accordance with paragraph 1 of the present Article.

ARTICLE 17
EXPENSES

1. The Requested State shall make all necessary arrangements for and meet the cost of any proceedings arising out of a request for extradition and shall otherwise represent the interests of the Requesting State.

2. The Requested State shall