Document ID: chunk:federal_register_of_legislation:F1997B01930:body:0:p6
Version: federal_register_of_legislation:F1997B01930
Segment Type: other
Provision Reference: 
Character Range: 12668–15443

If the person whose extradition is sought is in custody or on bail as a result of the extradition request and the additional information furnished is not sufficient, in accordance with this Treaty, or has not been received within the time specified, the person may be released from custody or discharged. Such release or discharge shall not preclude a

SCHEDULE—continued

further arrest if the request accompanied by the necessary additional information is subsequently received.

ARTICLE 10

PROVISIONAL ARREST

1. In case of urgency either Contracting Party may apply through the diplomatic channel or by means of the facilities of the International Criminal Police Organisation (INTERPOL) for the provisional arrest of the person sought. The application may be transmitted by post or telegraph or by any other means affording a record in writing.

2. An application for provisional arrest shall contain a description of the person sought, a statement that extradition is to be requested through the diplomatic channel, a statement of the existence of one of the documents mentioned in paragraphs 3 and 4 of Article 5, a statement of the offence committed, a statement of the punishment that can be or has been, imposed for the offence and, if requested by the Requested State, a concise statement of the acts or omissions alleged to constitute the offence.

3. On receipt of such an application the Requested State shall take the necessary steps to secure the arrest of the person sought and the Requesting State shall be promptly notified of the results of its request.

4. A person arrested upon such application may be set at liberty upon the expiration of 45 days from the date of the arrest if a request for extradition, supported by the documents specified in Article 5, has not been received.

5. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings for the extradition of the person sought if the request is subsequently received.

6. A person provisionally arrested may, in accordance with the laws of the Requested State, be released from custody by the competent authorities of that State provided adequate measures to prevent the person absconding are taken.

ARTICLE 11

CONFLICTING REQUESTS

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the Requesting States of its decision.

2. Where requests relate to the same offence, the Requested State shall, unless the particular circumstances of the case require otherwise, give preference to the request of the State in whose territory the offence was committed. Other particular circumstances