Document ID: chunk:federal_register_of_legislation:F1997B02586:body:0:p6
Version: federal_register_of_legislation:F1997B02586
Segment Type: other
Provision Reference: 
Character Range: 12688–15478

soon as practicable.

ARTICLE 8

PROVISIONAL ARREST

1. In case of urgency a Contracting State may apply by means of the facilities of the International Criminal Police Organisation (Interpol) or otherwise for the provisional arrest of the person sought pending the presentation of the request for extradition through the diplomatic channel.  The application may be transmitted by post or telegraph or by any other means affording a record in writing.

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 5 authorising the apprehension of the person, a statement of the punishment that can be, 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 claimed 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 60 days from the date of that person's arrest if a request for extradition, supported by the documents specified in Article 5, has not been received.

5. The release of a person pursuant to paragraph 4 shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

ARTICLE 9

CONFLICTING REQUESTS

1. Where requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the ppperson is to be extradited and shall notify the Requesting States of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances and, in particular, to:
         (a) if the requests relate to different offences, the relative seriousness of the offences;
         (b) the time and place of commission of each offence;
         (c) the respective dates of the requests;
         (d) the nationality of the person; and
         (e) the ordinary place of residence of the person.

ARTICLE 10

SURRENDER

1. The Requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State through the diplomatic channel.

2. Where extradition is granted, the Requested State shall surrender the person from a point of departure in its territory convenient to the Requesting State.

3. The Requesting State shall remove the person from the territory of