20 DE MAIO DE 1988

1459

Article 5

Rule of speciality

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 sentenced only in so far as the offence under its new description is an offence for which extradition could be granted pursuant to this Treaty.

Article 6 Re-extradition to a third State

1 — Where a person has been surrendered to the requesting State by the requested State, the requesting State shall not extradite that person to any third State for an offence committed before that person's surrender unless:

a) The requested State consents to that re-extradition; or

b) 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 surrendered by the requested State or has returned to the requesting State after leaving it.

2 — In relation to any consent pursuant to subparagraph 1, a), of this article the requesting State may request the production of the documents mentioned in article 8, as well as any declaration made by the extradited person in respect of the re-extradition.

Article 7 Concurrent requests

If extradition is requested concurrently by a Contracting Party and by one or more other States, whether for the same or for different acts or omissions, the requested State shall determine to which of those States the person is to be extradited having regard to the circumstances and, in particular, the existence of other treaties binding on the requested State, the relative gravity of the offences and where they were committed, the respective dates of the requests, the nationality of the person and the possibility of subsequent re-extradition.

Article 8

Extradition procedure and required documents

1 — A request for extradition shall be made in writing and shall be communicated through the diplomatic channel. All documents submitted in support of a request for extradition shall be authenticated in accordance with article 9.

2 — A request for extradition shall be accompanied by:

a) If the person is accused of an offence — the original and two copies of the warrant for the arrest of the person, a statement of each offence for which extradition is requested and a statement of the acts or omissions which are alleged against the person in respect of each offence;

b) If a person has been convicted in that person's absence of an offence — a judicial or other document or a copy thereof, authorising the apprehension of the person, a statement of each offence for which extradition is requested, a statement of the acts or ommissions which are alleged against the person in respect of each offence and a statement of the relevant law that ensures the right to appeal against the decision or to seek a new trial;

c) If the person has been convicted of an offence otherwise than in that person's absence — documents evidencing the conviction and the sentence imposed, the fact that the sentence is immediately enforceable, and the extent to which the sentence has not been carried out;

d) If the person has been convicted of an offence otherwise than in that person's absence but no sentence has been imposed — documents evidencing the conviction and a statement affirming that it is intended to impose a sentence;

e) In all cases — a statement of the relevant law creating the offence, including any provision relating to the limitation of proceedings and a statement of the penalty that can be imposed for the offence;

f) In all cases — a description which is as accurate as possible of the person sought together with any other information which may help to establish the person's identity and nationality; and

g) If applicable — a statement concerning acts which have prevented the person from becoming immune from prosecution or sentence by reason of lapse of time in relation to the offence for which extradition is requested, according to the law of the requesting State.

3 — A request for extradition emanating from Australia shall provide:

a) Matter, which is as precise as possible, to identify the person whose extradition is requested;

b) Matter to demonstrate that the person sought is subject to the criminal jurisdiction of Australia, or of a part thereof;

c) In the case of an offence committed in a third State, matter to demonstrate that the third State does not claim the person sought for that offence;

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