Document ID: chunk:federal_register_of_legislation:F2001B00110:body:0:p8
Version: federal_register_of_legislation:F2001B00110
Segment Type: other
Provision Reference: 
Character Range: 17581–20276

out.

3. Where the law of the Requested State or the rights of third parties so require, any articles so surrendered shall be returned to the Requested State free of charge if that State so requests.

Article 12
Rule of speciality

1. Subject to paragraph 3 of this Article, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of their personal liberty, in the territory of the Requesting State for any offence committed before that person's extradition other than:
       (a) an offence for which extradition was granted or any other extraditable offence of which the person could be convicted upon proof of the facts upon which the request for extradition was based, provided that that offence does not carry a penalty which is more severe than that which could be imposed for the offence for which extradition was sought; or
       (b) any other extraditable offence in respect of which the Requested State consents.

2. A request for the consent of the Requested State under this Article shall be accompanied by the documents mentioned in Article 5.

3. Paragraph 1 of this Article does not apply if the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the territory of the Requesting State after leaving it.

       Article 13
       Surrender to a third State

1. Where a person has been surrendered to the Requesting State by the Requested State, the first-mentioned State shall not surrender that person to any third state for an offence committed before that person's surrender unless:
       (a) the Requested State consents to that surrender; or
       (b) the person has had an opportunity to leave the Requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was surrendered by the Requested State or has returned to the territory of the Requesting State after leaving it.
2. Before acceding to a request pursuant to sub-paragraph (1)(a) of this Article, the Requested State may request the production of the documents mentioned in Article 5.

       Article 14
       Transit

1. Where a person is to be extradited to a Contracting State from a third state through the territory of the other Contracting State, the Contracting State to which the person is to be extradited shall request the other Contracting State to permit the transit of that person through its territory.

2. Upon receipt of such a request the Requested Contracting State shall grant the request unless it is satisfied that there