Document ID: chunk:federal_register_of_legislation:F1998B00379:body:0:p4
Version: federal_register_of_legislation:F1998B00379
Segment Type: other
Provision Reference: 
Character Range: 7704–10541

carried out;

       (d) 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;

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

       (f) if the offence in respect of which extradition is requested is an offence which carries a punishment of the kind referred to in Article 7 of the International Covenant on Civil and Political Rights (adopted by the United Nations General Assembly on 16 December 1966);

       (g) if the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that by reason of the age, health or other personal circumstances of the person whose extradition is sought, the extradition of that person would be unjust, oppressive, incompatible with humanitarian considerations or too severe a punishment; or

       (h) if the person whose extradition is sought has not received or may not receive from the Requesting State the basic guarantees required for criminal proceedings under Article 14 of the International Covenant on Civil and Political Rights.

3. This Article shall not affect any obligations which have been or shall in the future be assumed by the Contracting States under any multilateral Convention.

Article 4
Postponement of extradition

1. When the person whose extradition is sought is being, or will be, prosecuted, or is serving a sentence in the Requested State for an offence other than that for which extradition is sought, the Requested State may postpone surrender of the person until that person is available to be surrendered in accordance with the law of that State.

2. When the health or other personal circumstances of the person are such as would make surrender dangerous to the life of the person or incompatible with humanitarian considerations, the Requested State may postpone surrender until it no longer poses a danger to life or is incompatible with humanitarian considerations.

3. Where the Requested State postpones the surrender of a person sought pursuant to this Article, it shall advise the Requesting State accordingly.

Article 5
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 6.

2. The request for extradition shall be accompanied:

       (a) if the person sought has been convicted of an offence, by such documents as provide evidence of the conviction and of the sentence imposed, the fact that the sentence is immediately enforceable, and