I SÉRIE-A — NÚMERO 7

22

Article 3

Obligation to inform the person

Where a person sought for the purpose of extradition is arrested in accordance with Article 16 of the

Convention, the competent authority of the requested Party shall inform that person, in accordance with its law

and without undue delay, of the request relating to him or her and of the possibility of applying the simplified

extradition procedure in accordance with this Protocol.

Article 4

Consent to extradition

1 – The consent of the person sought and, if appropriate, his or her express renunciation of entitlement to the

rule of speciality shall be given before the competent judicial authority of the requested Party in accordance with

the law of that Party.

2 – Each Party shall adopt the measures necessary to ensure that consent and, where appropriate,

renunciation, as referred to in paragraph 1, are established in such a way as to show that the person concerned

has expressed them voluntarily and in full awareness of the legal consequences. To that end, the person sought

shall have the right to legal counsel. If necessary, the requested Party shall ensure that the person sought has

the assistance of an interpreter.

3 – Consent and, where appropriate, renunciation, as referred to in paragraph 1, shall be recorded in

accordance with the law of the requested Party.

4 – Subject to paragraph 5, consent and, where appropriate, renunciation, as referred to in paragraph 1, shall

not be revoked.

5 – Any State may, at the time of signature or when depositing its instrument of ratification, acceptance,

approval or accession, or at any later time, declare that consent and, where appropriate, renunciation of

entitlement to the rule of speciality, may be revoked. The consent may be revoked until the requested Party takes

its final decision on extradition under the simplified procedure. In this case, the period between the notification of

consent and that of its revocation shall not be taken into consideration in establishing the periods provided for in

Article 16, paragraph 4, of the Convention. Renunciation of entitlement to the rule of speciality may be revoked

until the surrender of the person concerned. Any revocation of the consent to extradition or the renunciation of

entitlement to the rule of speciality shall be recorded in accordance with the law of the requested Party and

notified to the requesting Party immediately.

Article 5

Renunciation of entitlement to the rule of speciality

Each State may declare, at the time of signature or when depositing its instrument of ratification, acceptance,

approval or accession, or at any later time, that the rules laid down in Article 14 of the Convention do not apply

where the person extradited by this State, in accordance with Article 4 of this Protocol:

a) Consents to extradition; or

b) Consents to extradition and expressly renounces his or her entitlement to the rule of speciality.

Article 6

Notifications in case of provisional arrest

1 – So that the requesting Party may submit, where applicable, a request for extradition in accordance with

Article 12 of the Convention, the requested Party shall notify it, as soon as possible and no later than ten days

after the date of provisional arrest, whether or not the person sought has given his or her consent to extradition.

2 – In exceptional cases where the requested Party decides not to apply the simplified procedure in spite of

the consent of the person sought, it shall notify this to the requesting Party sufficiently in advance so as to allow