Document ID: chunk:federal_register_of_legislation:F1996B01249:body:0:p4
Version: federal_register_of_legislation:F1996B01249
Segment Type: other
Provision Reference: 
Character Range: 7798–10753

laws of the Requested State allow, to its 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 requested, may be taken.

        Article VII
        Other Exceptions to Extradition

Extradition may be refused in any of the following circumstances:
         (a) if any offence for which extradition is requested, or any other offence for which the person sought may be detained or tried in accordance with this Treaty, is punishable by death under the laws of the Requesting State unless that State undertakes that the death penalty, if imposed, will not be carried out;

        SCHEDULE—continued

         (b) if any offence for which extradition is requested is punishable by life imprisonment under the laws of the Requesting State and a similar punishment for that offence is not contained in the law of the Requested State, unless the Requesting State undertakes that a life sentence, if imposed will not result in a period of deprivation of liberty exceeding 30 years being served;
         (c) if the courts of the Requested State are competent to try the person sought for the offence for which extradition is requested;
         (d) if any offence for which extradition is requested may result in the person sought being subjected to cruel, inhuman or degrading punishment unless the Requesting State undertakes that that person shall not be subjected to such punishment; and
         (e) if, in exceptional cases, the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, deems that because of the personal circumstances of the person sought the extradition would be incompatible with humanitarian considerations.

        Article VIII
        Extradition Procedures and Required Documents

1. A request for extradition shall be communicated through the diplomatic channel.  All documents submitted in support of a request for extradition shall be authenticated or legalised in accordance with Article IX.

2. The request shall be supported, in all cases, by the following documents:
         (a) documents, statements and other information which describe the identity, nationality and probable location of the person sought;
         (b) a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence

        SCHEDULE—continued

          and a statement indicating whether the person sought has been accused, convicted or sentenced in respect of those offences; and
         (c) a statement of the relevant law creating each offence, including any provision relating to the limitation or prescription or proceedings and a statement of the penalty that can be imposed for each offence.

3. In the case of a person accused, the request for extradition shall also include a