Document ID: chunk:federal_register_of_legislation:F1999B00194:body:0:p3
Version: federal_register_of_legislation:F1999B00194
Segment Type: other
Provision Reference: 
Character Range: 5212–8066

extradition is sought;

        (e) the person claimed has, according to the law of either the Requesting or the Requested Party, become immune by reason of lapse of time from prosecution or the execution of the penalty or punishment; or

        (f) the case of the person, on being extradited to the Requesting Party, would be liable to be dealt with in that State by a court or tribunal:

             (i) that has been specially established for the purpose of dealing with that person's case; or

             (ii) that is only exceptionally authorised to deal with the cases of persons accused of the offence for which extradition is sought.

2. Each of the Contracting Parties shall have the right to refuse extradition of its nationals.  If the Requested Party does not extradite its national, it shall at the request of the Requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate.

3. Extradition may be refused if:

        (a) the competent authorities of the Requested State have decided not to institute proceedings or to terminate pending proceedings for the offence in respect of which extradition is sought;

        (b) the offence for which extradition is requested is punishable by death under the law of the Requesting Party, and if in respect of such offence the death penalty is not provided for by the law of the Requested Party or is not normally carried out, unless the Requesting Party gives such assurance as the Requested Party considers sufficient that the death-penalty will not be carried out;

        (c) the offence is regarded by the law of the Requested Party as having been committed in whole or in part within its territory; or

        (d) a prosecution in respect of the offence for which extradition is sought is pending in the Requested Party against the person whose extradition is sought.

4. Where it appears to the Requested Party that extradition would be totally incompatible with humanitarian considerations because of exceptional circumstances including the state of health or old age of the person sought, the Contracting Parties shall consult to mutually determine whether the extradition request should continue.

         Article 4
         Extradition request 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 5.

2. The request shall be supported by:

        (a) the original or an authenticated copy of the conviction, sentence immediately enforceable, warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the Requesting Party. Where a sentence