Document ID: chunk:federal_register_of_legislation:F2003B00239:body:0:p7
Version: federal_register_of_legislation:F2003B00239
Segment Type: other
Provision Reference: 
Character Range: 15278–17991

shall be delivered even if extradition already granted cannot be carried out owing to the death or escape of the person sought.

3. The said property and valuables can be temporarily retained for proceedings pending in the territory of the Requested Party or they can be delivered under the condition of restitution.

4. Any rights which the Requested Party or third parties may have acquired in the said property and valuables shall be preserved.  Where these rights exist, the property, upon request, shall be returned without charge to the Requested Party as soon as possible after trial.

Article 12
Rule of speciality

A person who has been extradited in accordance with the present Treaty shall not be prosecuted, punished or detained for the enforcement of a sentence or subjected to any other restriction on personal freedom or delivered to a third State for any offence committed prior to surrender from the territory of the Requested Party other than that for which extradition was granted, except in the following cases:

       (a) if the Party which surrendered the person consents.  A request for consent shall be submitted, accompanied by the documents mentioned in Article 5 and a record established by a competent authority of the statement made by the extradited person in respect of the request for consent;

       (b) if the person extradited, having had for a period of 45 days from the date of final release, an opportunity to leave the territory of the Party to which the person has been surrendered still remains in the territory of that Party.  This period does not include the time during which the released person could not voluntarily leave the territory of that Party; or

       (c) if, after having left, the person has returned voluntarily to the territory of the Party to which surrender was granted.

Article 13
Surrender to a third State

1. Where a person has been surrendered to the Requesting Party by the Requested Party, the Requesting Party shall not surrender that person to any third State for an offence committed before that person's surrender, unless:

       (a) the Requested Party consents to that surrender; or

       (b) the person has had an opportunity to leave the Requesting Party and has not done so within 45 days of final discharge in respect of the offence for which that person was surrendered by the Requested Party or has returned to the territory of the Requesting Party after leaving it.

2. Before acceding to a request pursuant to sub-paragraph 1 (a) of this Article, the Requested Party may request the production of the documents mentioned in Article 5.

Article 14
Transit

1. The transit of a person, who is the subject of extradition from a