33 | II Série A - Número: 099S1 | 23 de Maio de 2008

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 re-trial; e) The requested State, while also taking into account the nature of the offence and the interests of the requesting State, considers that, in the circumstances of the case, the extradition of that person would be incompatible with humanitarian considerations in view of age, health or other reasons of a personal nature to be analysed by the requested State on a case to case basis. If, however the extradition is refused under this clause, the accused shall be prosecuted by the requested State in accordance with its domestic laws.
Article 5 Rule of Specialty 1. Subject to paragraph 3 of this Article, a person extradited under this Agreement 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 4 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.