Document ID: chunk:federal_register_of_legislation:F1997B01926:body:0:p3
Version: federal_register_of_legislation:F1997B01926
Segment Type: other
Provision Reference: 
Character Range: 5140–7881

the Requested State. Where the Requested State refuses to extradite a national of that State it shall, if the other Party so requests and the laws of the Requested State allow, submit the case to the competent authorities in order that the prosecution of the person in respect of all or any of the offences for which extradition has been sought may be brought in accordance with the law and practice of that State;
      (b) when the competent authorities of the Requested State have decided to refrain from prosecuting the person whose surrender is sought for the offence in respect of which extradition is requested;
      (c) where the offence with which the person sought is charged carries the death penalty unless the Requesting State undertakes that the death penalty will not be imposed or, if imposed, will not be carried out;
      (d) when a prosecution in respect of the offence for which extradition is requested is pending in the Requested State against the person whose surrender is sought; or
      (e) where the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that, in the circumstances of the case, in particular the age or health of the person whose extradition is requested, the extradition of that person would be incompatible with humanitarian considerations.

ARTICLE 4

Postponement of extradition

The Requested State may postpone consideration of a request for the extradition of a person or his surrender in order to proceed against him, or so that he may serve a sentence, for an offence other than an offence constituted by an act or omission for which his extradition is requested. The Requested State shall so inform the Requesting State.

ARTICLE 5

Extradition procedure and required documents

1. A request for extradition shall be made in writing and shall be communicated through

SCHEDULE—continued
the diplomatic channel. All documents submitted in support of a request for extradition shall be duly authenticated.
2. The request for extradition shall be accompanied:
      (a) if the person is accused of an offence—by a warrant for the arrest or a copy of the warrant for arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions (including time and place) which are alleged against the fugitive in respect of each offence;
      (b) if the person has been convicted of an offence—by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out;
      (c) if the person has been convicted of an offence but no sentence has