Debates Parlamentares - Diário 077, p. 1461 (1988-05-20)

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20 DE MAIO OE 1988

1461

Article 14 Surrender of properly

1 — To the extent permitted under the law of the requested State and subject to the rights of third parties, which shall be duly respected, all property found in the requested State that has been acquired as a result of the offence or may be required as evidence shall, if the requesting State so requests, be surrendered if extradition is granted.

2 — The property mentioned in paragraph 1 of this article shall, if the requesting State so requests, be surrendered to the requesting State even if the extradition, having been consented to, cannot be carried out.

3 — Where the law of the requested State or the rights of third parties so require, any articles so sor-rendered shall be returned to the requested State free of charge if that State so requests.

Article 15 Transit

1 — Where a person is to be extradited to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.

2 — Upon receipt of such a request the requested Contracting Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so, provided that in any case the transit of a person may be refused on any ground on which the extradition of that person might be refused under this Treaty.

3 — Permission for the transit of a person shall, subject to the law of the requested Contracting Party, include permission for the person to be held in custody during transit.

4 — Where a person is being held in custody pursuant to paragraph 3 of this article, the Contracting Party in whose territory the person is being held may direct that the person be released if that person's transportation is not continued within a reasonable time.

5 — The Contracting Party to which the person is being extradited shall reimburse the other Contracting Party for any expense incurred by that other Contracting Party in connection with the transit.

Article 16 Expenses

1 — The requested State shall make all necessary arrangements for and meet the cost of any proceedings arising out of a request for extradition and shall otherwise represent the interest of the requesting State.

2 — The requested State shall bear the expenses incurred in its territory in the arrest and detention of the person whose extradition is requested until the person is surrendered to a person nominated by the requesting State.

3 — The requesting State shall bear the expenses incurred in conveying the person from the territory of the requested State.

Article 17 Language

A Contracting Party which sends to the other Contracting Party a document, in accordance with this Treaty, that is not in the language of the other Contracting Party shall provide a translation of the document into the language of the other Contracting Party.

Article 18 Resolution of doubt

Any doubts and difficulties arising out of the application and interpretation of this Treaty shall be resolved by consultation between the Contracting Parties.

Article 19

Entry Into force and termination

1 — This Treaty shall enter into force thirty days after the date on which the Contracting States have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.

2 — This Treaty shall apply to any territory under the administration of the Republic of Portugal thirty days after the date of notification by the Republic of Portugal to Australia that the constitutional requirements for the entry into force of the Treaty in relation to that territory have been complied with.

3 — On its entry into force this Treaty shall, as between the Republic of Portugal and Australia, terminate and replace:

a) The Treaty between the United Kingdom of Great Britain and Ireland and Portugal for the Mutual Extradition of Fugitive Criminals, done at Lisbon on 17 October 1892; and

b) The Supplementary Convention to the aforesaid Treaty, done at Lisbon on 20 January 1932.

4 — Either Contracting Party may terminate this Treaty by notice in writing at any time and it shall cease to be in force on the one hundred and eightieth day after the day on which notice is given.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done at Lisbon, on the 21st day of April one thousand nine hundred and eighty seven, in English and Portuguese, both texts being equally authentic.

The Republic of Portugal:

Eduardo Euginio Castro de Azevedo Soares.

Australia: Lionel Bowen.

20 DE MAIO OE 19881461Article 14 Surrender of properly1 — To the extent permitted under the law of the requested State and subject to the rights of third parties, which shall be duly respected, all property found in the requested State that has been acquired as a result of the offence or may be required as evidence shall, if the requesting State so requests, be surrendered if extradition is granted.2 — The property mentioned in paragraph 1 of this article shall, if the requesting State so requests, be surrendered to the requesting State even if the extradition, having been consented to, cannot be carried out.3 — Where the law of the requested State or the rights of third parties so require, any articles so sor-rendered shall be returned to the requested State free of charge if that State so requests.Article 15 Transit1 — Where a person is to be extradited to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.2 — Upon receipt of such a request the requested Contracting Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so, provided that in any case the transit of a person may be refused on any ground on which the extradition of that person might be refused under this Treaty.3 — Permission for the transit of a person shall, subject to the law of the requested Contracting Party, include permission for the person to be held in custody during transit.4 — Where a person is being held in custody pursuant to paragraph 3 of this article, the Contracting Party in whose territory the person is being held may direct that the person be released if that person's transportation is not continued within a reasonable time.5 — The Contracting Party to which the person is being extradited shall reimburse the other Contracting Party for any expense incurred by that other Contracting Party in connection with the transit.Article 16 Expenses1 — The requested State shall make all necessary arrangements for and meet the cost of any proceedings arising out of a request for extradition and shall otherwise represent the interest of the requesting State.2 — The requested State shall bear the expenses incurred in its territory in the arrest and detention of the person whose extradition is requested until the person is surrendered to a person nominated by the requesting State.3 — The requesting State shall bear the expenses incurred in conveying the person from the territory of the requested State.Article 17 LanguageA Contracting Party which sends to the other Contracting Party a document, in accordance with this Treaty, that is not in the language of the other Contracting Party shall provide a translation of the document into the language of the other Contracting Party.Article 18 Resolution of doubtAny doubts and difficulties arising out of the application and interpretation of this Treaty shall be resolved by consultation between the Contracting Parties.Article 19Entry Into force and termination1 — This Treaty shall enter into force thirty days after the date on which the Contracting States have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.2 — This Treaty shall apply to any territory under the administration of the Republic of Portugal thirty days after the date of notification by the Republic of Portugal to Australia that the constitutional requirements for the entry into force of the Treaty in relation to that territory have been complied with.3 — On its entry into force this Treaty shall, as between the Republic of Portugal and Australia, terminate and replace:a) The Treaty between the United Kingdom of Great Britain and Ireland and Portugal for the Mutual Extradition of Fugitive Criminals, done at Lisbon on 17 October 1892; andb) The Supplementary Convention to the aforesaid Treaty, done at Lisbon on 20 January 1932.4 — Either Contracting Party may terminate this Treaty by notice in writing at any time and it shall cease to be in force on the one hundred and eightieth day after the day on which notice is given.In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.Done at Lisbon, on the 21st day of April one thousand nine hundred and eighty seven, in English and Portuguese, both texts being equally authentic.The Republic of Portugal:Eduardo Euginio Castro de Azevedo Soares.Australia: Lionel Bowen.

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