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ARTICLE 5
Mandatory Refusal to Surrender
(1)
A fugitive offender shall not be surrendered if
the requested 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 surrender (though purporting
to be made on account of an offence for which
surrender 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 that person's trial or punished, detained or
restricted in his or her personal liberty by
reason of race,
political opinions.
religion, nationality
or
(2)
A fugitive offender who
has been finally
acquitted, convicted or pardoned or whose prosecution is
barred or whose conviction has been set aside under the law
of the requesting or requested Party for any offence set
out in
the request
offence.
shall not
be surrendered for that
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