Document ID: chunk:federal_register_of_legislation:F1996B01255:body:0:p4
Version: federal_register_of_legislation:F1996B01255
Segment Type: other
Provision Reference: 
Character Range: 8283–10959

or was committed, an offence of political character.

2. If any question arises as to whether a case is a political offence or an offence of a political character, the decision of the authorities of the Requested State shall be determinative.

3. The taking or attempted taking of the life of any Head of State or any Head of Government or of a member of his or her family shall not be deemed to be a political offence or an offence of a political character for the purpose of this Treaty.

    Article 5
    Extradition of Nationals

1. Each Contracting State shall have the right to refuse extradition of its nationals.

2. If the Requested State does not extradite its nationals, that State shall at the request of the Requesting State submit the case to the competent authorities of the former for prosecution.  For this purpose the files, information and exhibits relating to the offence shall be surrendered by the Requesting State to the Requested State.

3. Notwithstanding paragraph 2 of this Article, the Requested State shall not be required to submit the case to its competent authorities for prosecution if the authorities have no jurisdiction.  If it does not have jurisdiction the Requested State shall extradite the person.

    Article 6
    Double Jeopardy

Extradition of a person shall not be granted when he has already been tried and discharged or acquitted by a competent tribunal, or has already undergone punishment in the Requested State or in a third State for the act or omission constituting the offence for which his extradition is requested.

Article 7
Death Penalty

Extradition shall not be granted if the offence with which the person sought is charged or of which he is convicted, or 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.

Article 8
Rule of Speciality

1. Subject to paragraph 3 of this Article a person extradited under this Treaty shall not :
         (a) be detained or tried, or be subject to any other restriction of his personal liberty, in the territory of the Requesting State for any offence committed before his extradition other than an offence for which the extradition was granted or any other offence described in Article 2 in respect of which the Requested State consents to his being so detained, tried or subjected to a restriction of his personal liberty; or

         (b) be detained in the Requesting State for the purpose of his being extradited to a third State for an offence committed before his