Document ID: chunk:federal_register_of_legislation:F1996B01135:body:0:p3
Version: federal_register_of_legislation:F1996B01135
Segment Type: other
Provision Reference: 
Character Range: 5104–7898

a national of the requested State. Where the requested State refuses to extradite a national of that State it shall, if the other State so requests and the law of the requested State allows, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been requested may be taken if that is considered appropriate;
      (b) when the competent authorities of the requested State have decided to refrain from prosecuting the person whose extradition is requested for the offence in respect of which extradition is requested;
      (c) when the offence with which the person sought is charged or of which he is convicted, or any other offence for which he may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the requesting State unless that State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
      (d) when the offence for which extradition is requested is regarded under the law of the requested State as having been committed in whole or in part within that State;
      (e) when a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is requested; or
      (f) when the competent authority of the requested State, while also taking into account the nature of the offence and the interests of the requesting State,

SCHEDULE—continued
      considers that, in the circumstances of the case, including the age, health or other personal circumstances of the person whose extradition is requested, the extradition of that person would be unjust, oppressive, incompatible with humanitarian considerations or too severe a punishment.
3. This article shall not affect any obligations which have been or shall in the future be assumed by the Contracting States under any multilateral convention.
ARTICLE 4
POSTPONEMENT OF CONSIDERATION OF EXTRADITION REQUEST
1. The requested State may postpone consideration of a request for the extradition of a person in order to proceed against him, or so that he may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is requested and where the requested State so postpones the extradition it shall advise the requesting State accordingly.
ARTICLE 5
EXTRADITION PROCEDURE AND REQUIRED DOCUMENTS
1. A request for extradition shall be made in writing and shall be communicated through the diplomatic channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with Article 6.
2. The request for extradition shall be accompanied:
      (a) if the person is