03-FEB-1992 11:27
SECURITY BRANCH
ARTICLE 6
852 877 36.36
P.11
REFUSAL OF SURRENDER
shall not be surrendered if the requested
(1) A person shall not be
Party has substantial grounds for believing:
(a) that the offence of which that person is accused or
was convicted is an offence of a political character;
(b) that the request for sucrender (though purporting to
be made on account of an offence for which :urrender
may be granted) is in fact made for the purpose of
prosecution or punishment on account of race,
religion, nationality or political opinions; or
(c) that the person might, if returned, be prejudiced at
trial or punished, detained or restricted in his or
her personal liberty by reason of race, religion,
nationality or political opinions.
(2) For the purposes of paragraph (1), an offe ice of a
political character does 1.ot include any offence in
respect of which both Parties have an obligation in
accordance with a multilateral agreement either to
surrender the person sought or to submit the case to their
competent authorities for decision as to prosecut:cn.
(3) Surrender for an offence shall be refused if the
person whose surrender is sought cannot under the law of
either Party be prosecuted or punished for that o: fence.
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