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II SÉRIE — NÚMERO 77

d) In cases of conviction in absentia information that the person sought may appeal against the conviction or seek a new trial;

e) An assurance that the person sought will be afforded the protection provided for by articles 5 and 6 of this Treaty.

4 — To the extent permitted by the law of the requested State, extradition may be granted of a person sought pursuant to the provisions of this Treaty notwithstanding that the requirements of the preceding paragraphs of this article have not been complied with, provided that the person consents to an order for extradition being made.

Article 9 Authentication of supporting documents

1 — A document that, in accordance with article 8, accompanies a request for extradition shall be admitted, if authenticated, in any extradition proceedings in the requested State.

2 — A document is authenticated for the purposes of this Treaty if:

a) It purports to be signed or certified by a judge, magistrate or officer in or of the requesting State; and

b) It purports to be sealed with an official or public seal of the requesting State or of a Minister of State, or of a department or officer of the Government of the requesting State.

Article 10 Additional information

1 — If the requested State considers that the information furnished in support of the request for the extradition of a person is not sufficient, in accordance with this Treaty, to enable extradition to be granted, that State may request that additional information be furnished within such time as it specifies.

2 — The fact that the additional information furnished is not sufficient, in accordance with this Treaty, or is not received within the time initially specified, or within such further time as requested State specifies, shall not preclude the requesting State from making a fresh request for the extradition of the person.

3 — If a person who is under arrest in relation to extradition is released from custody as a consequence of the failure of the requesting State to provide additional information requested pursuant to paragraph 1 of this article, the requested State shall notify the requesting State as soon as practicable.

Article 11 Provisional arrest

] — In case of urgency a Contracting Party may apply, by means of the facilities of the International Criminal Police Organisation (INTERPOL), or otherwise, for the provisional arrest of the person sought, pending the presentation of the request for extradition through the diplomatic channel. The application may be transmitted by post or telegraph, or by any other means affording a record in writing.

2 — The application for provisional arrest shall contain a description of the person sought, a statement that extradition is to be requested through the diplomatic channel, a statement of the existence of one of the documents mentioned in paragraph 2 of article 8 authorising the apprehension of the person, a statement of the punishment that can be, or has been, imposed for the offence and, if requested by the requested State, a concise statement of the acts or omissions alleged to constitute the offence.

3 — On receipt of an application for provisional arrest the requested State shall take the necessary steps to secure the arrest of the person sought and the requesting State shall be promptly notified of the result of its application.

4 — A person arrested upon an application for provisional arrest may be set at liberty upon the expiration of 30 days from the date of the arrest if a request for extradition has not been received.

5 — The release of a person pursuant to paragraph 4 of this article shall not prevent the institution of proceedings with a view to extraditing the person sought if the request is subsequently received.

Article 12

Surrender

1 — The requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the requesting State through the diplomatic channel. Reasons shall be given for refusal, in whole or in part, of a request.

2 — Where extradition is granted, the person shall be removed from the requested State from a point of departure in that State convenient to the Contracting Parties.

3 — The requesting State shall remove the person from the requested State within such reasonable period as the requested State specifies and, if the person is not removed within that period, the person may be released and the requested State may refuse to extradite the person for the same offence.

4 — If circumstances beyond its control prevent a Contracting Party from surrendering or removing the person to be extradited it shall notify the other Contracting Party. The two Contracting Parties shall mutually decide upon a new date of surrender, and the provisions of paragraph 3 of this article shall apply.

Article 13 Postponed and temporary surrender

1 — The requested State may postpone the surrender of a person in order to proceed against the person, or so that the person may serve a sentence, for an offence other than an offence constituted by an act or omission for which extradition is requested. In such cases the requested State shall advise the requesting State accordingly.

2 — To the extent permitted by its law, the requested State may temporarily surrender the person sought to the requesting State in accordance with conditions to be determined between the Contracting Parties.