Model Treaty on Extradition
*
(Adopted by General Assembly resolution 45/116,
subsequently amended by General Assembly resolution 52/88)
__________________
*
The printing of this document became possible through the generous assistance of the
Department of Justice, United States of America.
Amendments adopted by General
Assembly resolution 52/88 are indicated in bold.
125
A/RES/45/116
68th plenary meeting
14 December 1990
The General Assembly,
Bearing in mind
the Milan Plan of Action, adopted by the Seventh United
Nations Congress on the Prevention of Crime and the Treatment of Offenders and
approved by the General Assembly in its resolution 40/32 of 29 November 1985,
Bearing in mind also
the Guiding Principles for Crime Prevention and
Criminal Justice in the Context of Development and a New International Economic
Order, principle 37 of which stipulates that the United Nations should prepare model
instruments suitable for use as international and regional conventions and as guides
for national implementing legislation,
Recalling
resolution 1 of the Seventh Congress, on organized crime, in which
Member States were urged,
inter alia
, to increase their activity at the international
level in order to combat organized crime, including, as appropriate, entering into
bilateral treaties on extradition and mutual legal assistance,
Recalling also
resolution 23 of the Seventh Congress
on criminal acts of a
terrorist character, in which all States were called upon to take steps to strengthen
co-operation,
inter alia
, in the area of extradition,
Calling attention
to the United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances,
Acknowledging
the valuable contributions of Governments, non-governmental
organizations and individual experts, in particular the Government of Australia and
the International Association of Penal Law,
Gravely concerned
by the escalation of crime, both national and transnational,
Convinced
that the establishment of bilateral and multilateral arrangements for
extradition will greatly contribute to the development of more effective international
co-operation for the control of crime,
Conscious
of the need to respect human dignity and recalling the rights
conferred upon every person involved in criminal proceedings, as embodied in the
Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights,
Conscious
that in many cases existing bilateral extradition arrangements are
outdated and should be replaced by modern arrangements which take into account
recent developments in international criminal law,
Recognizing
the importance of a model treaty on extradition as an effective
way of dealing with the complex aspects and serious consequences of crime,
especially in its new forms and dimensions,
1.
Adopts
the Model Treaty on Extradition contained in the annex to the present
resolution as a useful framework that could be of assistance to States interested in
126
negotiating and concluding bilateral agreements aimed at improving co-operation in
matters of crime prevention and criminal justice;
2.
Invites
Member States, if they have not yet established treaty relations with
other States in the area of extradition, or if they wish to revise existing treaty
relations, to take into account, whenever doing so, the Model Treaty on Extradition;
3.
Urges
all States to strengthen further international co-operation in criminal
justice;
4.
Requests
the Secretary-General to bring the present resolution, with the Model
Treaty, to the attention of Member States;
5.
Urges
Member States to inform the Secretary-General periodically of efforts
undertaken to establish extradition arrangements;
6.
Requests
the Committee on Crime Prevention and Control to review
periodically the progress attained in this field;
7.
Also requests
the Committee on Crime Prevention and Control, where
requested, to provide guidance and assistance to Member States in the development
of legislation that would enable giving effect to the obligations in such treaties as
are to be negotiated on the basis of the Model Treaty on Extradition;
8.
Invites
Member States, on request, to make available to the Secretary-General
the provisions of their extradition legislation so that these may be made available to
those Member States desiring to enact or further develop legislation in this field.
A/RES/52/88
70th plenary meeting
12 December 1997
The General Assembly,
Acknowledging
the benefits of the enactment of national laws providing the most
flexible basis for extradition, and bearing in mind that some developing countries and
countries with economies in transition may lack the resources for developing and
implementing treaty relations on extradition, as well as appropriate national legislation,
Bearing in mind
that United Nations model treaties on international cooperation in
criminal matters provide important tools for the development of international
cooperation,
Convinced
that existing arrangements governing international cooperation in law
enforcement must be continuously reviewed and revised to ensure that the specific
contemporary problems of fighting crime are being effectively addressed at all times,
Convinced also
that reviewing and revising the United Nations model treaties will
contribute to increased efficiency in combating criminality,
127
Commending
the work of the Intergovernmental Expert Group Meeting on
Extradition, held at Siracusa, Italy, from 10 to 13 December 1996,
1
to implement, in part,
Economic and Social Council resolution 1995/27 of 24 July 1995 by reviewing the
Model Treaty on Extradition
2
and by proposing complementary provisions for it,
elements for model legislation in the field of extradition and training and technical
assistance for national officials engaged in the field of extradition,
Commending also
the International Association of Penal Law and the International
Institute of Higher Studies in Criminal Sciences for providing support for the Expert
Group Meeting and the Governments of Finland, Germany and the United States of
America and the United Nations Interregional Crime and Justice Research Institute for
their cooperation in its organization,
Recognizing
that the work of the Intergovernmental Expert Group could not be fully
completed given the limited amount of time available and that its work was therefore
ultimately limited to the field of extradition,
3
Determined
to implement section I of Economic and Social Council resolution
1995/27, in which the Council requested the Secretary-General to convene a meeting of
an intergovernmental expert group to explore ways of increasing the efficiency of
extradition and related mechanisms of international cooperation,
[…]
II
EXTRADITION
1.
Welcomes
the report of the Intergovernmental Expert Group Meeting on
Extradition, held at Siracusa, Italy, from 10 to 13 December 1996;
1
2.
Decides
that the Model Treaty on Extradition
2
should be complemented by the
provisions set forth in the annex to the present resolution;
3.
Encourages
Member States, within the framework of their national legal systems,
to enact effective extradition legislation, and calls upon the international community to
give all possible assistance in achieving that goal;
4.
Requests
the Secretary-General to elaborate, in consultation with Member States
and subject to extrabudgetary resources, for submission to the Commission on Crime
__________________
1
E/CN.15/1997/6 and Corr.1, annex.
2
Resolution 45/116, annex.
3
See E/CN.15/1997/6 and Corr.1, annex, section IV.
128
Prevention and Criminal Justice, model legislation to assist Member States in giving
effect to the Model Treaty on Extradition in order to enhance effective cooperation
between States, taking into account the contents of model legislation
4
recommended by
the Intergovernmental Expert Group Meeting;
5.
Invites
States to consider taking steps, within the framework of national legal
systems, to conclude extradition and surrender or transfer agreements;
6.
Urges
States to revise bilateral and multilateral law enforcement cooperation
arrangements as an integral part of the effort to effectively combat constantly changing
methods of individuals and groups engaging in organized transnational crime;
7.
Urges
Member States to use the Model Treaty on Extradition as a basis in
developing treaty relations at the bilateral, regional or multilateral level, as appropriate;
8.
Also urges
Member States to continue to acknowledge that the protection of human
rights should not be considered inconsistent with effective international cooperation in
criminal matters, while recognizing the need for fully effective mechanisms for
extraditing fugitives;
9.
Invites
Member States to consider, where applicable and within the framework of
national legal systems, the following measures in the context of the use and application of
extradition treaties or other arrangements:
(a)
Establishing and designating a national central authority to process requests for
extradition;
(b)
Undertaking regular reviews of their treaty or other extradition arrangements and
implementing legislation, as well as taking other necessary measures for the purpose of
rendering such arrangements and legislation more efficient and effective in combating
new and complex forms of crime;
(c)
Simplifying and streamlining procedures necessary to execute and initiate requests
for extradition, including the provision to requested States of information sufficient to
enable extradition;
(d)
Reducing the technical requirements, including documentation, necessary to satisfy
the tests for extradition in cases where a person is accused of an offence;
(e)
Providing for extraditable offences to extend to all acts and omissions that would be
criminal offences in both States carrying a prescribed minimum penalty and not to be
individually listed in treaties or other agreements, particularly with respect to organized
transnational crime;
(f)
Ensuring effective application of the principle of
aut dedere aut judicare
;
__________________
4
E/CN.15/1997/6 and Corr.1, annex, section I, appendix II.
129
(g)
Paying adequate attention, when considering and implementing the measures
mentioned in subparagraphs 9 (
b
) to (
f
) above, to furthering the protection of human
rights and the maintenance of the rule of law;
10.
Encourages
Member States to promote, on a bilateral, regional or worldwide basis,
measures to improve the skills of officials in order to facilitate extradition, such as
specialized training and, whenever possible, secondment and exchanges of personnel, as
well as the appointment in other States of representatives of prosecuting agencies or of
judicial authorities, in accordance with national legislation or bilateral agreements;
11.
Reiterates
its invitation to Member States to provide the Secretary-General with
copies of relevant laws and information on practices related to international cooperation
in criminal matters and in particular to extradition, as well as updated information on
central authorities designated to deal with requests;
12.
Requests
the Secretary-General:
(a)
Subject to extrabudgetary resources, to regularly update and disseminate the
information mentioned in paragraph 11 above;
(b)
To continue to provide advisory and technical cooperation services to Member
States requesting assistance in the development, negotiation and implementation of
bilateral, subregional, regional or international treaties on extradition, as well as in the
drafting and application of appropriate national legislation, as necessary;
(c)
To promote regular communication and exchanges of information between central
authorities of Member States dealing with requests for extradition and to promote
meetings of such authorities on a regional basis for Member States wishing to attend;
(d)
To provide, taking into account the recommendations for a training programme
5
contained in the report of the Intergovernmental Expert Group Meeting, in cooperation
with relevant intergovernmental organizations, with the participation of interested
Member States at the intergovernmental organizational meeting referred to in the
recommendations and subject to extrabudgetary resources, training for personnel in
appropriate governmental agencies and central authorities of requesting Member States
on extradition law and practice designed to develop necessary skills and to improve
communications and cooperation aimed at enhancing the effectiveness of extradition and
related practices;
13.
Also requests
the Secretary-General, subject to extrabudgetary resources and in
cooperation with other relevant intergovernmental organizations, the United Nations
Interregional Crime and Justice Research Institute and the other institutes comprising the
United Nations Crime Prevention and Criminal Justice Programme network, to develop
appropriate training materials for use in providing to requesting Member States the
technical assistance referred to above;
__________________
5
Ibid., appendix III.
130
14.
Commends
the International Institute of Higher Studies in Criminal Sciences for its
offer to organize and host a coordination meeting for the purpose of developing the training
material referred to in paragraph 13 above, as well as training courses on extradition law
and practice;
15.
Requests
the Secretary-General to ensure the full implementation of the provisions of
the present resolution, and urges Member States and funding agencies to assist the
Secretary-General in implementing the present resolution through voluntary contributions
to the United Nations Crime Prevention and Criminal Justice Fund;
16.
Also requests
the Secretary-General to submit the report of the Intergovernmental
Expert Group Meeting on Extradition together with the present resolution to the
Preparatory Committee on the Establishment of an International Criminal Court for
consideration.
ANNEX
Model Treaty on Extradition
The_________________________ and the ________________________
Desirous
of making more effective the co-operation of the two countries in the
control of crime by concluding a treaty on extradition,
Have agreed
as follows:
Article 1
Obligation to extradite
Each Party agrees to extradite to the other, upon request and subject to the
provisions of the present Treaty, any person who is wanted in the requesting State
for prosecution for an extraditable offence or for the imposition or enforcement of a
sentence in respect of such an offence.
6
Article 2
Extraditable offences
1. For the purposes of the present Treaty, extraditable offences are offences that
are punishable under the laws of both Parties by imprisonment or other deprivation
__________________
6
Reference to the imposition of a sentence may not be necessary for all countries.
131
of liberty for a maximum period of at least [one/two] year(s), or by a more severe
penalty. Where the request for extradition relates to a person who is wanted for the
enforcement of a sentence of imprisonment or other deprivation of liberty imposed
for such an offence, extradition shall be granted only if a period of at least [four/six]
months of such sentence remains to be served.
2. In determining whether an offence is an offence punishable under the laws of
both Parties, it shall not matter whether:
(a)
The laws of the Parties place the acts or omissions constituting the offence
within the same category of offence or denominate the offence by the same
terminology;
(b)
Under the laws of the Parties the constituent elements of the offence differ, it
being understood that the totality of the acts or omissions as presented by the
requesting State shall be taken into account.
3. Where extradition of a person is sought for an offence against a law relating to
taxation, customs duties, exchange control or other revenue matters, extradition may
not be refused on the ground that the law of the requested State does not impose the
same kind of tax or duty or does not contain a tax, customs duty or exchange
regulation of the same kind as the law of the requesting State.
7
4. If the request for extradition includes several separate offences each of which
is punishable under the laws of both Parties, but some of which do not fulfil the
other conditions set out in paragraph 1 of the present article, the requested Party
may grant extradition for the latter offences provided that the person is to be
extradited for at least one extraditable offence.
Article 3
Mandatory grounds for refusal
Extradition shall not be granted in any of the following circumstances:
(a)
If the offence for which extradition is requested is regarded by the requested
State as an offence of a political nature.
Reference to an offence of a political
nature shall not include any offence in respect of which the Parties have
assumed an obligation, pursuant to any multilateral convention, to take
prosecutorial action where they do not extradite, or any other offence that the
Parties have agreed is not an offence of a political character for the purposes of
extradition;
8
(b)
If the requested State has substantial grounds for believing that the request for
extradition has been made for the purpose of prosecuting or punishing a person on
account of that person's race, religion, nationality, ethnic, origin, political opinions,
__________________
7
Some countries may wish to omit this paragraph or provide an optional ground for refusal
under article 4.
8
Countries may wish to exclude certain conduct, e.g., acts of violence, such as serious
offences involving an act of violence against the life, physical integrity or liberty of a
person, from the concept of political offence.
132
sex or status, or that that person's position may be prejudiced for any of those
reasons;
(c)
If the offence for which extradition is requested is an offence under military
law, which is not also an offence under ordinary criminal law;
(d)
If there has been a final judgment rendered against the person in the requested
State in respect of the offence for which the person's extradition is requested;
(e)
If the person whose extradition is requested has, under the law of either Party,
become immune from prosecution or punishment for any reason, including lapse of
time or amnesty;
9
(f)
If the person whose extradition is requested has been or would be subjected in
the requesting State to torture or cruel, inhuman or degrading treatment or
punishment or if that person has not received or would not receive the minimum
guarantees in criminal proceedings, as contained in the International Covenant on
Civil and Political Rights, article 14;
10
(g)
If the judgment of the requesting State has been rendered
in absentia
, the
convicted person has not had sufficient notice of the trial or the opportunity to
arrange for his or her defence and he has not had or will not have the opportunity to
have the case retried in his or her presence.
11
Article 4
Optional grounds for refusal
Extradition may be refused in any of the following circumstances:
(a)
If the person whose extradition is requested is a national of the requested
State. Where extradition is refused on this ground, the requested State shall, if the
other State so requests, submit the case to its competent authorities with a view to
taking appropriate action against the person in respect of the offence for which
extradition had been requested;
12
(b)
If the competent authorities of the requested State have decided either not to
institute or to terminate proceedings against the person for the offence in respect
of which extradition is requested;
__________________
9
Some countries may wish to make this an optional ground for refusal under article 4.
Countries may also wish to restrict consideration of the issue of lapse of time to the law
of the requesting State only or to provide that acts of interruption in the requesting
State should be recognized in the requested State.
10
See General Assembly resolution 2200 A (XXI), annex.
11
Some countries may wish to add to article 3 the following ground for refusal: "If there is
insufficient proof, according to the evidentiary standards of the requested State, that the
person whose extradition is requested is a party to the offence"(see also footnote 16).
12
Some countries may also wish to consider, within the framework of national legal
systems, other means to ensure that those responsible for crimes do not escape
punishment on the basis of nationality, such as,
inter alia
, provisions that would permit
surrender for serious offences or permit temporary transfer of the person for trial and
return of the person to the requested State for service of sentence.
133
(c)
If a prosecution in respect of the offence for which extradition is requested is
pending in the requested State against the person whose extradition is requested;
(d)
If the offence for which extradition is requested carries the death penalty under
the law of the requesting State, unless that State gives such assurance as the
requested Sate considers sufficient that the death penalty will not be imposed or, if
imposed, will not be carried out.
Where extradition is refused on this ground,
the requested State shall, if the other State so requests, submit the case to
its competent authorities with a view to taking appropriate action against the
person for the offence for which extradition had been requested;
13
(e)
If the offence for which extradition is requested has been committed outside
the territory of either Party and the law of the requested State does not provide for
jurisdiction over such an offence committed outside its territory in comparable
circumstances;
(f)
If the offence for which extradition is requested is regarded under the law of
the requested State as having been committed in whole or in part within that State.
14
Where extradition is refused on this ground, the requested State shall, if the
other State so requests, submit the case to its competent authorities with a view to
taking appropriate action against the person for the offence for which extradition
had been requested;
(g)
If the person whose extradition is requested has been sentenced or would be
liable to be tried or sentenced in the requesting State by an extraordinary or
ad hoc
court or tribunal;
(h)
If 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, the extradition of that person would be incompatible with humanitarian
considerations in view of age, health or other personal circumstances of that person.
Article 5
Channels of communication and required documents
15
1. A request for extradition shall be made in writing. The request, supporting
documents and subsequent communications shall be transmitted through the
diplomatic channel, directly between the ministries of justice or any other
authorities designated by the Parties.
2. A request for extradition shall be accompanied by the following:
(a)
In all cases,
__________________
13
Some countries may wish to apply the same restriction to the imposition of a life, or
indeterminate, sentence.
14
Some countries may wish to make specific reference to a vessel under its flag or an aircraft
registered under its laws at the time of the commission of the offence.
15
Countries may wish to consider including the most advanced techniques for the
communication of requests and means which could establish the authenticity of the
documents as emanating from the requesting State.
134
(i)
As accurate a description as possible of the person sought, together with any
other information that may help to establish that person's identity, nationality and
location;
(ii)
The text of the relevant provision of the law creating the offence or, where
necessary, a statement of the law relevant to the offence and a statement of the
penalty that can be imposed for the offence;
(b)
If the person is accused of an offence, by a warrant issued by a court or other
competent judicial authority for the arrest of the person or a certified copy of that
warrant, a statement of the offence for which extradition is requested and a
description of the acts or omissions constituting the alleged offence, including an
indication of the time and place of its commission;
16
(c)
If the person has been convicted of an offence, by a statement of the offence
for which extradition is requested and a description of the acts or omissions
constituting the offence and by the original or certified copy of the judgment or any
other document setting out the conviction and the sentence imposed, the fact that the
sentence is enforceable, and the extent to which the sentence remains to be served;
(d)
If the person has been convicted of an offence in his or her absence, in
addition to the documents set out in paragraph 2
(c)
of the present article, by a
statement as to the legal means available to the person to prepare his or her defence
or to have the case retried in his or her presence;
(e)
If the person has been convicted of an offence but no sentence has been
imposed, by a statement of the offence for which extradition is requested and a
description of the acts or omissions constituting the offence and by a document
setting out the conviction and a statement affirming that there is an intention to
impose a sentence.
3. The documents submitted in support of a request for extradition shall be
accompanied by a translation into the language of the requested State or in another
language acceptable to that State.
Article 6
Simplified extradition procedure
17
The requested State, if not precluded by its law, may grant extradition after
receipt of a request for provisional arrest, provided that the person sought explicitly
consents before a competent authority.
__________________
16
Countries requiring evidence in support of a request for extradition may wish to define
the evidentiary requirements necessary to satisfy the test for extradition and in doing so
should take into account the need to facilitate effective international cooperation.
17
Countries may wish to provide for the waiver of speciality in the case of simplified
extradition.
135
Article 7
Certification and authentication
Except as provided by the present Treaty, a request for extradition and the
documents in support thereof, as well as documents or other material supplied in
response to such a request, shall not require certification or authentication.
18
Article 8
Additional information
If the requested State considers that the information provided in support of a
request for extradition is not sufficient, it may request that additional information be
furnished within such reasonable time as it specifies.
Article 9
Provisional arrest
1. In case of urgency the requesting State may apply for the provisional arrest of
the person sought pending the presentation of the request for extradition. The
application shall be transmitted by means of the facilities of the International
Criminal Police Organization, by post or telegraph or by any other means affording
a record in writing.
2. The application shall contain a description of the person sought, a statement
that extradition is to be requested, a statement of the existence of one of the
documents mentioned in paragraph 2 of article 5 of the present Treaty, authorizing
the apprehension of the person, a statement of the punishment that can be or has
been imposed for the offence, including the time left to be served and a concise
statement of the facts of the case, and a statement of the location, where known, of
the person.
3. The requested State shall decide on the application in accordance with its law
and communicate its decision to the requesting State without delay.
4. The person arrested upon such an application shall be set at liberty upon the
expiration of [40] days from the date of arrest if a request for extradition, supported
by the relevant documents specified in paragraph 2 of article 5 of the present Treaty,
has not been received. The present paragraph does not preclude the possibility of
conditional release of the person prior to the expiration of the [40] days.
5. The release of the person pursuant to paragraph 4 of the present article shall
not prevent rearrest and institution of proceedings with a view to extraditing the
person sought if the request and supporting documents are subsequently received.
__________________
18
The laws of some countries require authentication before documents transmitted from other
countries can be admitted in their courts and, therefore, would require a clause setting out the
authentication required.
136
Article 10
Decision on the request
1. The requested State shall deal with the request for extradition pursuant to
procedures provided by its own law, and shall promptly communicate its decision to
the requesting State.
2. Reasons shall be given for any complete or partial refusal of the request.
Article 11
Surrender of the person
1. Upon being informed that extradition has been granted, the Parties shall,
without undue delay, arrange for the surrender of the person sought and the
requested State shall inform the requesting State of the length of time for which the
person sought was detained with a view to surrender.
2. The person shall be removed from the territory of the requested State within
such reasonable period as the requested State specifies and, if the person is not
removed within that period, the requested State may release the person and may
refuse to extradite that person for the same offence.
3. If circumstances beyond its control prevent a Party from surrendering or
removing the person to be extradited, it shall notify the other Party. The two Parties
shall mutually decide upon a new date of surrender, and the provisions of paragraph
2 of the present article shall apply.
Article 12
Postponed or conditional surrender
1. The requested State may, after making its decision on the request for
extradition, postpone the surrender of a person sought, in order to proceed against
that person, or, if that person has already been convicted, in order to enforce a
sentence imposed for an offence other than that for which extradition is sought. In
such a case the requested State shall advise the requesting State accordingly.
2. The requested State may instead of postponing surrender, temporarily
surrender the person sought to the requesting State in accordance with conditions to
be determined between the Parties.
Article 13
Surrender of property
1. To the extent permitted under the law of the requested State and subject to the
rights of third parties, which shall be duly respected, all property found in the
requested State that has been acquired as a result of the offence or that may be
137
required as evidence shall, if the requesting State so requests, be surrendered if
extradition is granted.
2. The said property may, if the requesting State so requests, be surrendered to
the requesting State even if the extradition agreed to cannot be carried out.
3. When the said property is liable to seizure or confiscation in the requested
State, it may retain it or temporarily hand it over.
4. Where the law of the requested State or the protection of the rights of third
parties so require, any property so surrendered shall be returned to the requested
State free of charge after the completion of the proceedings, if that State so requests.
Article 14
Rule of specialty
1. A person extradited under the present Treaty shall not be proceeded against,
sentenced, detained, re-extradited to a third State, or subjected to any other
restriction of personal liberty in the territory of the requesting State for any offence
committed before surrender other than:
(a) An offence for which extradition was granted;
19
(b) Any other offence in respect of which the requested State consents. Consent
shall be given if the offence for which it is requested is itself subject to extradition
in accordance with the present Treaty.
20
2. A request for the consent of the requested State under the present article shall
be accompanied by the documents mentioned in paragraph 2 of article 5 of the
present Treaty and a legal record of any statement made by the extradited person
with respect to the offence.
21
3. Paragraph 1 of the present article shall not apply if the person has had an
opportunity to leave the requesting State and has not done so within [30/45] days of
final discharge in respect of the offence for which that person was extradited or if
the person has voluntarily returned to the territory of the requesting State after
leaving it.
__________________
19
Countries may also wish to provide that the rule of speciality is not applicable to
extraditable offences provable on the same facts and carrying the same or a lesser
penalty as the original offence for which extradition was requested.
20
Some countries may not wish to assume that obligation and may wish to include other
grounds in determining whether or not to grant consent.
21
Countries may wish to waive the requirement for the provision of some or all of these
documents.
138
Article 15
Transit
1. Where a person is to be extradited to a Party from a third State through the
territory of the other Party, the Party to which the person is to be extradited shall
request the other Party to permit the transit of that person through its territory. This
does not apply where air transport is used and no landing in the territory of the other
Party is scheduled.
2. Upon receipt of such a request, which shall contain relevant information, the
requested State shall deal with this request pursuant to procedures provided by its
own law. The requested State shall grant the request expeditiously unless its
essential interests would be prejudiced thereby.
22
3. The State of transit shall ensure that legal provisions exist that would enable
detaining the person in custody during transit.
4. In the event of an unscheduled landing, the Party to be requested to permit
transit may, at the request of the escorting officer, hold the person in custody for
[48] hours, pending receipt of the transit request to be made in accordance with
paragraph 1 of the present article.
Article 16
Concurrent requests
If a Party receives requests for extradition for the same person from both the
other Party and a third State it shall, at its discretion, determine to which of those
States the person is to be extradited.
Article 17
Costs
1. The requested State shall meet the cost of any proceedings in its jurisdiction
arising out of a request for extradition.
2. The requested State shall also bear the costs incurred in its territory in
connection with the seizure and handing over of property, or the arrest and detention
of the person whose extradition is sought.
23
__________________
22
Some countries may wish to agree on other grounds for refusal, which may also warrant
refusal for extradition, such as those related to the nature of the offence (e.g. political, fiscal,
military) or to the status of the person (e.g. their own nationals).
However, countries may
wish to provide that transit should not be denied on the basis of nationality.
23
Some countries may wish to consider reimbursement of costs incurred as a result of
withdrawal of a request for extradition or provisional arrest.
There may also be cases for
consultation between the requesting and requested States for the payment by the
requesting State of extraordinary costs, particularly in complex cases where there is a
significant disparity in the resources available to the two States.
139
3. The requesting State shall bear the costs incurred in conveying the person from
the territory of the requested State, including transit costs.
Article 18
Final provisions
1. The present Treaty is subject to [ratification, acceptance or approval]. The
instruments of [ratification, acceptance or approval] shall be exchanged as soon as
possible.
2. The present Treaty shall enter into force on the thirtieth day after the day on
which the instruments of [ratification, acceptance or approval] are exchanged.
3. The present Treaty shall apply to requests made after its entry into force, even
if the relevant acts or omissions occurred prior to that date.
4. Either Contracting Party may denounce the present Treaty by giving notice in
writing to the other Party. Such denunciation shall take effect six months following
the date on which such notice is received by the other Party.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by
their respective Governments, have signed the present Treaty.
DONE at ________________________
on _____________________________ in
the _____________________________ and
___________________ languages, [both/all]
texts being equally authentic.
