Document ID: chunk:federal_register_of_legislation:F2004C00100:body:0:p2
Version: federal_register_of_legislation:F2004C00100
Segment Type: other
Provision Reference: 
Character Range: 2653–5381

penalty.  Where the request for extradition relates to a person convicted of an extraditable offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a period of at least six months of such penalty remains to be served, or if, in respect of more than one extraditable offence where more than one sentence is to be carried out, a period of at least six months of such penalties in the aggregate remains to be served.

(2) For the purpose of this Article it shall not matter whether the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.

(3) For the purpose of this Article in determining whether an offence is an offence against the law of both Contracting Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account without reference to the elements of the offence prescribed by the law of the Requesting State.

ARTICLE 3

(1) Extradition shall not be granted if:

 (a) the offence for which extradition is requested is regarded by the Requested State as an offence of a political character or as an offence connected with an offence of a political character; or

 (b) the Requested State has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing the person claimed on account of his race, religion, nationality or political opinions or that he might, if extradited, be prejudiced at his trial, or punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions.

(2) For the purpose of this Treaty, a murder, kidnapping or other serious attach upon the person or liberty of a person in relation to whom the Contracting Parties have, or the Requesting State has, a duty according to international law to give special protection shall not be deemed to be an offence within the meaning of paragraph (1)(a).

ARTICLE 4

(1) Extradition shall not be granted if:

 (a) the person claimed has already been tried and acquitted or convicted by the competent authorities of the Requested State for the offence in respect of which his extradition is requested; or
       (b) criminal proceedings initiated against the person claimed for the offence in respect of which extradition is requested have been discontinued finally by the competent authorities of the Requested State, the person claimed having complied with the conditions imposed on him.

(2) Extradition may be refused if the person claimed has already