Mandatory Refusal of Extradition
Extradition shall not be granted under this Treaty in any of the following circumstances:
1. when the Requested Party determines that the offence for which extradition is requested is a political offence. Reference to a political offence shall not include the following offences:
(a) the taking or attempted taking of the life or an attack on the person of a Head of State or Head of Government or a member of his or her family;
(b) an offence in respect of which the Contracting Parties have the obligation to establish jurisdiction or extradite by reason of a multilateral international agreement to which they are both parties; and
(c) an offence relating to genocide, terrorism or kidnapping.
2. when the person sought is being proceeded against or has been tried and discharged or punished in the territory of the Requested Party for the offence for which his extradition is requested;
3. when the prosecution or the punishment for the offence for which extradition is requested would be barred by reasons prescribed under the law of either Contracting Party including a law relating to the lapse of time; or
4. when the Requested Party has well-founded reasons to suppose that the request for extradition has been presented with a view to persecuting or punishing the person sought, by reason of race, religion, nationality or political opinion, or that that person’s position may be prejudiced for any of those reasons. The provision of this paragraph, however, shall not apply to the offences mentioned in subparagraphs (a), (b) and (c) of paragraph 1 of this Article.
Discretionary Refusal of Extradition
Extradition may be refused under this Treaty in any of the following circumstances:
1. when the offence for which extradition is sought is regarded under the law of the Requested Party as having been committed in whole or in part within its territory;
2. when the person sought has been finally acquitted or convicted in a third State for the same offence for which extradition is requested and, if convicted, the sentence imposed has been fully enforced or is no longer enforceable; and
3. when, in exceptional cases, the Requested Party while also taking into account the seriousness of the offence and the interests of the Requesting Party deems that, because of the personal circumstances of the person sought, the extradition would be incompatible with humanitarian considerations.
Postponed or Temporary Surrender
1. When the person sought is being proceeded against or is serving a sentence in the Requested Party for an offence other than that for which extradition is requested, the Requested Party may surrender the person sought or postpone surrender until the conclusion of the proceedings or the service of the whole or any part of the sentence imposed. The Requested Party shall inform the Requesting Party of any postponement.
2. To the extent permitted by its law, where a person has been found extraditable, the Requested Party may temporarily surrender the person sought for the purposes of prosecution to the Requesting Party in accordance with conditions to be determined between the Contracting Parties. A person who is returned to the Requested Party following a temporary surrender may be finally surrendered to serve any sentence imposed, in accordance with the provisions of this Treaty.
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