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Article 3 Refusal of Extradition

Article 3
Refusal of Extradition

 

1. Extradition shall not be granted in any of the following circumstances:

a) if the person is being proceeded against or has been tried and convicted or acquitted in the territory of the Requested Party for the offence committed for which his extradition is requested;

b) if the prosecution or the execution of the sentence for the offence for which extradition is requested would not be possible in connection with the lapse of time or by other grounds provided for in the Requested Party legislation;

c) if the Requested Party has well-founded reasons to suppose that the request for extradition has been presented with a view to prosecuting or punishing the person sought, by reason of race, religion, nationality, sex, political opinion. Parties will not consider as a political offence conduct which is punishable as a criminal offence according to the obligations under international treaties to which both Parties are parties;

d) if the Requested Party considers that the extradition of the person would impair its sovereignty, security, public order or other essential interests;

e) if the extradition is prohibited under the laws of the Requested Party.

2. Extradition may be refused in any of the following circumstances:

a) if the offence for which extradition is sought is regarded under the law of the Requested Parry as having been committed in whole or in part within its territory;

b) if the offence for which extradition is requested is an offence against military service, but is not an offence under ordinary criminal law of the Requested Party;

c) if the offence for which extradition is requested entails a punishment by death penalty under the legislation of the Requesting Party while the death penalty is not provided for by the legislation of the Requested Party in respect of such offence, unless the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be imposed or, if imposed, will not be carried out.

3. Neither of the Parties shall be bound to extradite its own citizens under this Convention.

4. If extradition is refused solely on the basis of the citizenship of the person sought, the Requested Party shall, at the request of the Requesting Party, submit the case to its competent authorities for criminal prosecution. The Requesting Party shall be informed on the results of consideration of its request.

5. When extradition is refused the Requested Party shall immediately informs the Requesting Party about the reasons thereof.