13 DE NOVEMBRO DE 1987

432-(53)

Article 4 Exceptions to extradition

1 — Extradition shall not be granted if:

a) The offence for which extradition is requested is regarded by the requested State as a politicai offence, provided that offences which are not politicai offences according to:

/) The law of the requested State; or

ii) Any international convention to which both Contracting Parties are party, shall not be regarded as politicai offences for the purposes of this Treaty;

b) There are substantial grounds for believing that a request for extradition for an ordinary criminal offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or politicai opinion or that that person's position may be prejudiced for any those reasons;

c) The offence for which extradition is requested is punishable by death;

d) The offence for which extradition is requested is an offence under military law, which is not an offence under the ordinary criminal law of the Contracting Parties;

e) Final judgement has been rendered in the requested State or in a third State in respect of the offence for which the extradition is requested, and:

/') The judgement resulted in the person's acquittal;

//) The term of imprisonment to which the person was sentenced has been completely enforced, or is wholly or, with respect to the part not enforced, the subject of a pardon or an ammesty; or

iii) The court convicted the person without imposing a penalty;

f) The person whose extradition is requested is the subject of an amnesty in respect of the offence for which extradition is requested, or has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time, or for any other reason;

g) The person, on being extradited to the requesting State, would be liable:

/) To be tried or sentenced in that State by a court or tribunal that has been specially established for the purpose of trying the person's case, or that is only occasionally, or under exceptional circumstances, authorised to try persons accused of the offence for which extradition is requested; or

ii) To serve a sentence imposed by such a court or tribunal.

2 — The requested State shall have the right to refuse extradition if:

a) The competent authorities of the requested State have decided to refrain from prosecuting the person whose extradition is requested for the offence in respect of which extradition is requested;

b) 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;

c) 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) The person sought has been convicted in that person's absence of the offence for which extradition is requested, unless the requesting State provides an assurance, which is considered by the requested State to be sufficient, that the person sought shall, upon surrender, have a right to appeal against the conviction or to seek a new trial; or

e) The offence for which extradition is requested is punishable by life imprisonment for the purposes of this Treaty, an offence shall not be regarded as punishable by life imprisonment if the requesting State gives the requested State an assurance that, notwithstanding the imposition of a sentence of life imprisonment, the person could be released.

3 — The requested State may recommend to the requesting State that a request for extradition be withdrawn, specifying the reasons therefor, where it considers, taking into account the age, health or other personal circumstances of the person sought, that extradition should not be requested.

Article 5 Rule of spedallty

1 — Subject to paragraph 3 of this article, a person extradited under this Treaty shall not be detained or tried, or be subjected to any other restriction of personal liberty, in the requesting State for any offence committed before the extradition other than:

a) An offence for which extradition was granted; or

b) Any other extraditable offence in respect of which the requested State consents.

2 — A request for the consent of the requested State under this article shall be accompanied by the documents mentioned in paragraph 2 of article 8.

3 — Paragraph 1 of this article does not apply if the person has had an opportunity to leave the requesting State and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has returned to the requesting State after leaving it.

4 — If the description of the offence charged in the requesting State is altered in the course of proceedings, the person extradited shall be proceeded against or