Document ID: chunk:federal_register_of_legislation:F1996B00572:body:0:p3
Version: federal_register_of_legislation:F1996B00572
Segment Type: other
Provision Reference: 
Character Range: 5238–8016

on the basis of the same facts, the person sought is being or has already been, finally judged in the Requested Party;

    (c) when the person sought has already been granted amnesty or pardon in the Requested Party;

    (d) when the legal proceedings, or the enforcement of the penalty, for the offence committed has become barred by limitation, according to the law of the Requested Party;

    (e) when the person sought may be, or has been, tried or sentenced by an extraordinary or ad hoc tribunal;

    (f) when the offence for which the person's extradition is requested is of a purely military character;

    (g) when the offence for which extradition is requested is considered by the Requested Party to be a political offence.  For the purposes of this paragraph, political offence shall not include:

       (i) the taking or attempted taking of the life of a Head of State, a Head of Government or a member of his or her family; or

       (ii) an offence for which each Contracting Party has an obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to its competent authorities for the purpose of prosecution.

     In all other cases, the determination of whether an offence constitutes a political offence will be the exclusive responsibility of the competent authorities of the Requested Party.

SCHEDULE—continued

    (h) when the Requested Party has substantial grounds for believing that the request for extradition has been presented with a view to prosecuting or punishing the person sought, by reason of that person's race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of those reasons; or

    (i) if the offence for which extradition is sought is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant on Civil and Political Rights.

Article 4
Discretionary refusal of extradition

Extradition may be refused under this Treaty in any of the following circumstances:

    (a) when the offence with which the person sought is charged or of which the person is convicted, or any other offence for which the person may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting Party unless that Party undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;

    (b) when the person sought has been finally acquitted or convicted in a third State for the same offence for which extradition is requested and, if convicted, the sentence imposed has been fully enforced or is no longer enforceable; and

    (c) when, in exceptional circumstances, the Requested Party while also taking  into account