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ARTICLE 6
Discretionary Refusal to Surrender
(1)
The requested
Party may refuse to surrender a
fugitive offender for an offence which is regarded by its
law as having been committed within the jurisdiction of its
If the requested Party so refuses, the requesting
Party may request that the case be submitted to its
competent authorities in order that prosecution may be considered.
courts.
(2)
proceedings
for
The surrender of any person sought under the
terms of this Agreement may be refused if it appears to the
requested Party that :
(a) by
reason of the trivial nature of the offence of
which the person is accused or was convicted; or
(b) by reason of the passage of time since the person
is alleged to have committed it or has become
unlawfully at large as the case may be; or
(c) because
*made
in
the accusation against the person is not
good faith in the interests of justice;
or
(d) because there exist valid humanitarian grounds,
it would, having regard to all the circumstances, be unjust
or oppressive to return the person.
(3)
The requested Party may refuse surrender where
acquitted or convicted
same offence for which
convicted, the sentence
the person sought has been finally
in a third
surrender is
imposed has
enforceable.
jurisdiction for the
requested and, if
been fully
enforced or is по longer