Document ID: chunk:federal_register_of_legislation:F2010L00601:body:0:p4
Version: federal_register_of_legislation:F2010L00601
Segment Type: other
Provision Reference: 
Character Range: 7670–10476

whose extradition is sought is a national of the Requested State;

         (b) if the offence for which extradition is sought is regarded under the law of the Requested State as having been committed in whole or in part within that State;

         (c) if a prosecution in respect of the offence for which extradition is sought is pending in the Requested State against the person whose extradition is requested;

         (d) if the competent authorities of the Requested State, having considered the matter, have decided to refrain from prosecuting the person for the offence in respect of which extradition is sought; or

         (e) if the Requested State, while taking into account the nature of the offence and the interests of the Requesting State, considers that the extradition of the person is unjust, oppressive, or incompatible with humanitarian considerations in view of age, health, or other personal circumstances of that person.

3. This Article shall not affect any obligations which are assumed by the States under any multilateral Convention.

ARTICLE 5
PROSECUTION IN LIEU

 1.                If the Requested State refuses to extradite a person on any of the grounds described in sub-paragraphs 4(1)(f), (g) or (h) or sub-paragraphs 4(2)(a), (b) or (e) it shall, if the other State so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that proceedings for the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be taken.

2.                   In such a case the Requesting State shall send a request for prosecution accompanied by the relevant files and documents in its possession, through the diplomatic channels.

  3.                   The Requesting State shall be informed of the result of its request.

ARTICLE 6
EXTRADITION PROCEDURE 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 7.

2. The request for extradition shall be accompanied:

         (a) if the person is accused of an offence - by a warrant for the arrest of the person, or a copy thereof;

         (b) if a person has been convicted in her or his absence of an offence - by a judicial or other document, or a copy thereof, authorising the apprehension of the person and a statement setting out the procedures available to that person to appeal against or otherwise challenge the conviction and the sentence imposed;

         (c) if the person has been convicted of an offence otherwise than in that person's absence - by the original or certified copy of the judgment or any other document