Document ID: chunk:federal_register_of_legislation:F1996B01255:body:0:p6
Version: federal_register_of_legislation:F1996B01255
Segment Type: other
Provision Reference: 
Character Range: 13242–16025

or a prosecution is pending in the Requested State in respect of the offence for which the extradition of the person is requested;
         (b) where the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that, in the circumstances of the case, including the age, health or other personal circumstances of the person whose extradition is requested, the extradition of that person would be unjust, oppressive or incompatible with humanitarian considerations;
         (c) in the case of a person convicted and sentenced in respect of an offence, less than six months of the sentence of imprisonment or any other form of deprivation of liberty imposed in the Requesting State for the offence for which extradition is requested remains to be served, taking into account the serious nature of the offence;
         (d) if the competent authorities of the Requested State have decided in the public interest to refrain from prosecuting the person for the offence in respect of which extradition is requested; or
         (e) where the offence for which extradition is requested is regarded under the law of the Requested State as having been committed in whole or in part within that State.

Article 10
Provisional Arrest

1. In case of urgency a Contracting State may apply by means of the facilities of the International Criminal Police Organization for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.

2. The application shall contain a description of the person sought, a statement that extradition is to be requested through the diplomatic channel, a statement of the existence of one of the documents mentioned in paragraph 2 of Article 11 authorising the apprehension of the person, a statement of the punishment that can be imposed or has been imposed for the offence and, if requested by the Requested State, a concise statement of the acts or omissions alleged to constitute the offence.

3. On receipt of such an application the Requested State shall take the necessary steps to secure the arrest of the person sought and the Requesting State shall be promptly notified of the result of its request.

4. A person arrested upon such an application may be set at liberty upon the expiration of 45 days from the date of his arrest if a request for his extradition accompanied by the documents specified in Article 11 has not been received.

5. Paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

    Article 11
    Extradition Procedure and Required Documents

1. A request for extradition shall be