Appendix
ARTICLE 1 -Extraditable Acte
The following persons shall be liable to extradition :
a Persons claimed by a High Contracting Party for an act which is an offence in both the requested and requesting High Contracting Parties and is punishable in the requesting High Contracting Party by at least one year's imprisonment ; and
b Persons who already been convicted of such an offence and have already been sentenced to at least three months imprisonment in the requesting High Contracting Party.
ARTICLE 2-Political Offences
1. A requested High Contracting Party may decide that extradition shall or may be refused for an act which, according to the circumstances in which it has been committed, is political or connected with a political act and committed with a view to preparing for, to ensuring the commission of, to concealing or to preventing such a political act; or when there is reason to believe from the circumstances that the extradition is requested with a view to taking action against someone for an act of a political character.
2. The following shall not be deemed political offences :
a Offences in respect of which the High Contracting Parties are obliged by international conventions to institute proceedings ;
b Attempts on the life of a Head of State or Head of Government.
ARTICLE 3-Fiscal Offences
Extradition shall be granted for customs offences and offences against laws and regulations of a fiscal, financial, economic and monetary character if the penalty provided by the law in the requesting High Contracting Party is not less than a year's imprisomnent or a fine of not less than the equivalent of eight thousand gold Swiss Francs (at the rate of 290.3225 milligrammes as fixed by the decision of 26th September, 1936, of the Federal Council).
ARTICLE 4-Military Offences
Extradition for military offences is excluded from the field of application of the present convention.
ARTICLE 5-Extradition of Nationals
Where the person claimed is a national of a requested High Contracting Party, and for that reason cannot be extradited, the requested High Contracting Party shall, within one year of the notification to the requesting High Contracting Party of its refusal to extradite, prosecute the person concerned as if the act had been committed on its own territory.
ARTICLE 6 -Place of commission of extraditable acts
Extradition may be refused if the act for which it is requested was commited in whole or in part in the territory of the requested High Contracting Party.
ARTICLE 7 -Lapse of Time
Extradition may be refused when the person claimed has become immune, by reason of lapse of time, from prosecution or punishment according to the laws of either the requesting or the requested High Contracting Party.
ARTICLE 8 -Capital Punishment
If the act for which extradition has been resquested is punishable by death in the requesting High Contracting Party and there is no death-penalty in the law of the requested High Contracting Party, the requested High Contracting Party may extradite only if the requesting High Contracting Party undertakes to recommend to the Head of State or to its constitutionally competent authority to grant a reprieve or an order setting aside the death-penalty.
ARTICLE 9 -NON BIS IN IDEM
3. A requested High Contracting Party may decline to extradite a person claimed if such person has already been prosecuted by the requesting High Contracting Party for the act or acts for which his extradition is requested and if he has been either finally acquitted or convicted, unless, in the latter case, the extradition is sought so that the person claimed may serve an unexpired term of the sentence imposed as the result of such conviction.
4. « A requested High Contracting Party may decline to extradite a person claimed if such person has been prosecuted by the requested High Contracting Party or by a third State for the same act or acts for which extradition is sought and has been finally acquitted or convicted.
ARTICLE 10 -Pending Prosecution for the same acts
5. A requested High Contracting Party may decline to extradite a person claimed if he is being prosecuted for the act or acts for which extradition is sought, or if he has been apprehended with a view to such prosecution, either at the time of receipt of an application for provisional arrest, or (in the absence of such application) at the time of receipt of a request.
6. A décision de non-lieu in the requested High Contracting Party shall allow the requested High Contracting Party to refuse extradition.
ARTICLE 11-Postponed or Conditional Extradition
7. A requested High Contracting Party may postpone the extradition of a per son claimed :
a in order that the person claimed may be prosecuted and punished by the requested High Contracting Party, or, where he has already been convicted, in order that he may serve his sentence in the requested High Contracting Party for an act other than that for which extradition is requested ; or
b in order that the person claimed may testify as a witness in a criminal proceeding pending in the requested High Contracting Party, but, in this case, extradition shall only be postponed for a maximum of six months from the date of receipt of the request.
8. As an alternative to such a postponement of extradition the requested High Contracting Party may extradite the person claimed upon condition that such person be returned to the requested High Contracting Party as soon as the prosecution in the requesting High Contracting Party is concluded.
ARTICLE 12 -Rule of Speciality
A High Contracting Party to which a person has been extradited shall not, without the consent of the High Contracting Party which extradited such person :
a prosecute or punish such person for an act commited before his extradition other than that for which he was extradited ;
b surrender such person to another High Contracting Party or to a non-High Contracting Party for prosecution or punishment ;
c prosecute such person before a court specially constituted for the trial or to which special powers are granted for the trial.
ARTICLE 13 -Conflicting Requisitions
If the extradition of the same person is requested concurrently by several High Contracting Parties, either for the same act or for different acts, the requested High Contracting Party shall, in deciding to which High Contracting Party the person claimed shall be extradited, consider all the circumstances and especially the possibility of later extradition from one requesting High Contracting Party to another, the respective dates of the requests, the relative seriousness and the place of commission of the act or acts and the nationality of the person claimed.
ARTICLE 14-The Request and supporting documents
9. The request shall be in writing and shall be communicated by a diplomatic or consular officer of the requesting High Contracting Party to the competent authority of the requested High Contracting Party.
10. The request shall contain :
a a description for the purpose of identification of the person claimed ;
b a statement that a warrant of arrest, or other document of equivalent import in the prosecution of the person claimed, has been issued.
11. The request shall be supported by :
a a copy of the warrant of arrest or other document of equivalent import in the prosecution of the person claimed, or a copy of the judgment of conviction against the person claimed, and of any sentence imposed in execution of such judgment ;
b a statement of the law of the requesting High Contracting Party under which it is intended to prosecute or to punish the person claimed, which shall show, in cases where it is intended to prosecute, that such law was in force when the act was committed for which extradition is requested.
12. The documents mentioned in (a) and (b) of paragraph 3 of this Article should be drawn up in accordance with the law of the requesting High Contracting Party.
ARTICLE 15 -Supplementary Information
If the information communicated by the requesting High Contracting Party is insufficient to enable the person to be identified or to establish the circumstances of the offence with which he is charged or the wording of the penal provisions applicable to the case, such supplementary information as is required shall be forwarded by the requesting High Contracting Party immediately on request.
ARTICLE 16-Application for provisional arrest
13. In cases where there is reason to suspect that the person claimed may attempt to escape or make the establishment of the facts more difficult, a High Contracting Party shall have the right to apply for his provisional arrest, even before forwarding a request for extradition.
14. Such application for provisional arrest :
a may be made through diplomatic or consular channels, as appropriate; or
b may be forwarded by the competent authority of the requesting High Contracting Party direct to the competent authority of the requested High Contracting Party (a list of competent authorities will be appended to this Convention) ; or
c may appear in the official notices of the International Criminal Police Commission which shall constitute an official notification.
15. Such application for provisional arrest shall be made:
a by post or by any other means affording evidence in writing ;
b by telephone, wireless telegraphy, radio or television. In these cases, the requested authority must exercise the right of assuring itself forthwith of the authenticity of the application by immediate enquiry of the requesting authority.
16. An application for provisional arrest must identify either a particular warrant for arrest or a document of equivalent import, or a certificate of final conviction. It must set out the nature, the time and the place of the offence and as detailed a description as possible of the wanted person. It must also state that a formal request for extradition will be sent forthwith.
17. As soon as the provisional arrest has been made the requesting High Contracting Party shall be informed.
18. An application for provisional arrest may contain a request for the provisional seizure of property which is essential to the proper conduct of the proceedings in the requesting High Contracting Party and which appears to fall within the categories mentioned in Article 18.
19. As soon as a requested authority finds a person who is believed to be the subject of an application for provisional arrest, it will seek to establish his identity without delay. If it is clear from the nature, time and place of the offence that the person could not have committed it, the requesting High Contracting Party shall be informed of the reasons which preclude provisional arrest, and if the person is detained he shall be released immediately.
20. When a wanted person has been put under provisional arrest, the request for extradition must be handed to the requested High Contracting Party within 14 days of the date of arrest. If this period is exceeded, the provisional arrest shall be discontinued.
21. Where provisional arrest is discontinued because the requesting High Contracting Party has failed to keep to the time-limit laid down in the preceding paragraph, failure shall not prejudice the request for extradition.
ARTICLE 17-Procedure
Except where the Convention provides otherwise, tbe procedure and the decision regarding extradition shall be in accordance with the law of the requested High Contracting Party.
ARTICLE 18-Delivery and return of property requested
22. The authorities of the High Contracting Parties shall provide each other, on request, with property :
a which may be required as evidence ;
b which a person claimed or his accomplice may have acquired as a result of the offence outside the territory of the requested High Contracting Party or which be may have acquired in exchange for that property outside the said territory, and this shall remain the case even when the said property would be liable to seizure or confiscation in the territory of the requested High Contracting Party.
23. The rights which third parties may have acquired in the property in question shall be preserved. Where such rights exist, the property shall be returned to the requested High Contracting Party which delivered it as soon as possible and without charge, at the end of the trial.
24. When requested property is needed for preliminary criminal investigation, the requested High Contracting Party may temporarily retain it or may deliver it on condition that it be returned for such investigation.
ARTICLE 19-Language to be used and translations
Insofar as the request for extradition and other documents mentioned in this Convention and written evidence to be offered in the extradition proceedings are not in an official language of the requested High Contracting Party, the requesting High Contracting Party shall send to the requested High Contracting Party translations either in an official language of the requested High Contracting Party or in one of the official languages of the Council of Europe.
ARTICLE 20-Transit through the territory of a High Contracting Party
25. A High Contracting Party shall grant, upon request through diplomatic or consular channels, the necessary permission and facilities for the transit either through its territory, or in an aircraft or ship flying its flag, of a person requested or extradited by another High Contracting Party for an offence which is extraditable under this Convention.
26. In cases where air transport is used, the following provisions shall apply :
a When no landing is envisaged, the requesting High Contracting Party shall notify the High Contracting Party over whose territory the flight is to be made and shall certify the presence of one of the documents provided for in Article 14, paragraph 3, sub-paragraph (a). In the case of a forced landing this notification shall be deemed to be a request for provisional arrest and the requesting High Contracting Party shall submit a request for transit in accordance with the provisions of paragraph 1 of this Article.
b When a landing is envisaged, the requesting High Contracting Party shall submit a request for transit.
27. When the person concerned is also wanted in a High Contracting Party which has received a request for transit, negotiations shall take place with the requested, High Contracting Party in order to decide, in accordance with the principles mentioned in Article 13, whether proceedings, or, in appropriate cases, the execution of the sentence, shall take place first in the High Contracting Party of transit or in the requesting High Contracting Party.
ARTICLE 21-Expenses
Except where the
Convention provides otherwise, no reimbursement of expenses shall be required from a High Contracting Party.
ARTICLE 22-Other Agreements
Nothing in this Convention shall affect the provisions of any other agreement concluded between certain High Contracting Parties providing wider opportunities or facilities for extradition.
ARTICLE 23-(for insertion in final clauses)
The High Contracting Parties may, by a unanimous decision, invite any State which is not a Member of the Council of Europe to accede to this Convention.
Any State so invited may accede by depositing its instrument of accession with the Secretary-General of the Council of Europe. Accession shall take effect on the date of deposit of the instrument.
