Document ID: chunk:federal_register_of_legislation:F1997B01930:body:0:p8
Version: federal_register_of_legislation:F1997B01930
Segment Type: other
Provision Reference: 
Character Range: 17692–20393

provided that the rights of third parties are respected.

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 15

RULE OF SPECIALITY

1. A person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of personal liberty in the territory of the Requesting State for any offence commited prior to extradition other than:
       a) 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 granted: or
       b) any other extraditable offence in respect of which the Requested State consents. A request for the consent of the Requested State shall be accompanied by the documents required by Article 5.
2. Paragraph 1 of this Article does not apply if the person gives express consent to being detained or tried for any other offence committed prior to extradition or, having had an opportunity voluntarily to leave the territory of the Requesting State has not done so within 30 days, or if the person has returned to the Requesting State after leaving it.

ARTICLE 16

RE-EXTRADITION TO A THIRD STATE

Where a person has been surrendered to the Requesting State by the Requested State, the Requesting State shall not surrender that person to a third State for an offence committed prior to the surrender, unless:

SCHEDULE—continued

       a) the Requested State consents to re-extradition, in which case the request for such consent shall be accompanied by the documents referred to in Article 5: or
       b) if the person gives express consent to being re-extradited or, having had an opportunity voluntarily to leave the territory of the Requesting State has not done so within 30 days, or if the person has returned to that State after leaving it.

ARTICLE 17

TRANSIT

1. The transit of a person being extradited from a third State through the territory of a Contracting Party shall be granted after a copy of the communication granting the extradition together with a copy of the original request for extradition has been submitted through the diplomatic channel, provided that there are no reasons of public policy for refusing transit.

2. The authorities of the State where the person sought is in transit shall take charge of the custody of that person.

3. The Contracting Party in whose territory the extradited person is in transit may order his release