Document ID: chunk:federal_register_of_legislation:F1996B01253:body:0:p3
Version: federal_register_of_legislation:F1996B01253
Segment Type: other
Provision Reference: 
Character Range: 5106–7872

respect of which the Contracting Parties have the obligation to establish jurisdiction or extradite by reason of a multilateral international agreement to which they are both parties; and
          (iii) an offence against the law relating to genocide.
    (b) if there are substantial grounds for believing that a request for extradition has been made for the purpose of prosecuting or punishing a person for any reason which would be grounds for refusing extradition under the law of the Requested Party or that that person's position may be prejudiced for any of those reasons;
    (c) if the person sought may be or has been, tried or sentenced by an extraordinary or ad hoc tribunal. For the purposes of this sub-paragraph, a constitutionally established and constituted court-martial is not to be regarded as an extraordinary or ad hoc tribunal;
    (d) if final judgment has been passed in the territory of the Requested Party or in a third State upon the person sought in respect of the offence for which the person's extradition is sought;
    (e) when the prosecution or the punishment for the offence for which extradition is requested would be barred by reasons prescribed under the law of either Contracting Party including a law relating to the lapse of time.
2. Extradition may be refused under this Treaty in any of the following circumstances:
    (a) if the offence for which extradition is sought is regarded under the law of the Requested Party as having been committed in whole or in part within its territory;
    (b) if a prosecution in respect of the offence for which extradition is sought is pending in the territory of the Requested Party against the person whose extradition is sought;
    (c) if the competent authorities of the Requested Party have decided to refrain

SCHEDULE—continued
    from prosecuting the person for the offence in respect of which extradition is sought;
    (d) if the offence with which the person sought is charged or of which he is convicted, or any other offence for which he may be detained or tried in accordance with this Treaty, carries the death penalty under the law of the Requesting Party unless that Party undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
    (e) if, in exceptional cases, the Requested Party while also taking into account the nature of the offence and the interests of the Requesting Party deems that, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian considerations.
3. This Article shall not affect any obligations which have been or shall in the future be assumed by the Contracting Parties under any multilateral Convention.

Article 5

Postponement of Extradition