Document ID: chunk:federal_register_of_legislation:F1996B01253:body:0:p8
Version: federal_register_of_legislation:F1996B01253
Segment Type: other
Provision Reference: 
Character Range: 17595–20319

articles so surrendered shall be returned to the Requested Party free of charge if that Party so requests.

Article 16

Rule of Speciality
1. A person who has been extradited under this Treaty shall not be detained, prosecuted or tried for any offence committed before extradition other than that for which extradition has been granted, nor extradited to a third State for any offence, except in any of the following circumstances:
    (a) when that person has left the territory of the Requesting Party after extradition and has voluntarily returned to it;
    (b) when that person has not left the territory of the Requesting Party within forty-five days after being free to do so; or
    (c) when the Requested Party consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 8 and a

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       record of any statement made by the extradited person in respect of the offence concerned. Consent may be given when the offence for which it is requested is extraditable in accordance with the provisions of this Treaty.
2. Paragraph 1 of this Article shall not apply to offences committed after the extradition.

Article 17

Transit
1. The right to transport through the territory of one of the Contracting Parties a person surrendered to the other Contracting Party by a third State shall be granted on request made through the diplomatic channel.
2. The request may be refused if reasons of public order are opposed to the transit.
3. Permission for the transit of a person surrendered shall include authorisation for accompanying officials to hold that person in custody or request and obtain assistance from authorities in the State of transit in maintaining custody.
4. Where a person is being held in custody pursuant to paragraph 3 of this Article, the Contracting Party in whose territory the person is being held may direct that the person be released if transportation is not continued within a reasonable time.
5. Authorisation for transit shall not be required when air transport is to be used and no landing is scheduled in the territory of the Party of transit. If an unscheduled landing occurs in the territory of that Party it may require the other Party to furnish a request for transit as provided in paragraph 1 of this Article. The Party of transit shall detain the person to be transported until the transportation is continued provided that the request is received within 96 hours of the unscheduled landing.

Article 18

Expenses
1. The Requested Party shall make all necessary arrangements for and meet the cost of any proceedings arising out of a request for extradition and shall otherwise represent the interest of the Requesting Party.
2.