Document ID: chunk:federal_register_of_legislation:F1998B00379:body:0:p3
Version: federal_register_of_legislation:F1998B00379
Segment Type: other
Provision Reference: 
Character Range: 5175–7941

person's race, religion, nationality or political opinion or that that person's position may be prejudiced for any of those reasons;

       (c) if the offence for which extradition is sought is an offence exclusively under military law, which is not punishable under the ordinary criminal law of the Contracting States. If the requested person is accused of an offence against military law which is also punishable under ordinary law, the extradition shall be granted with the proviso that the accused person shall be tried only under ordinary law and by ordinary courts;

       (d) if the person whose extradition is sought is undergoing prosecution, or has been tried and acquitted or punished by the Requested State or by a third state for the offence for commission of which the extradition is sought;

       (e) if the person whose extradition is sought has, according to the law of either Contracting State, become immune from prosecution or punishment by reason of pardon, amnesty or subsequent, more favourable laws;

       (f) if the person whose extradition is sought has been tried or sentenced or is to be tried by an extraordinary or ad hoc tribunal or court of the Requesting State; or

       (g) if the proceedings or punishment have become barred by reason of lapse of time according to the laws of either Contracting State, prior to the request for extradition.

2. Extradition may be refused in any of the following circumstances:

       (a) if the person whose extradition is sought is a national of the Requested State. Where the Requested State refuses to extradite a national it shall, if the Requesting 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.

       Nationality shall be determined at the time of the commission of the offence for which extradition is requested;

       (b) if the competent authorities of the Requested State had decided, before the request for extradition was received, to refrain from prosecuting the person for the offence in respect of which extradition is sought;

       (c) if the offence for which extradition is sought carries the death penalty under the law of the Requesting State unless that State conveys, through the diplomatic channel, its assurance that the death penalty will not be imposed upon the requested person or, if imposed, will not be 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