ARTICLE 5
Refusal of surrender
(1)
for believing:
(a)
(b)
(c)
(d)
[(2)
A person shall not be surrendered if the requested Party has substantial grounds
that the offence of which that person is accused or was convicted is an offence
of a political character;
that the offence of which that person is accused or was convicted is an offence
under military law which is not also an offence under the general criminal law;
that the request for his return (though purporting to be made on account of an
offence for which surrender may be granted) is in fact made for the purpose
of prosecuting or punishing him on account of his race, religion, nationality or
political opinions; or
that he might, if returned, be prejudiced at his trial or punished, detained or
restricted in his personal liberty by reason of his race, religion, nationality or
political opinions.
For the purposes of paragraph (1), an offence of a political character does not
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 consideration as to prosecution.]
(3)
Surrender shall be refused if it appears to the appropriate authority of the
requested Party that:
(a)
by reason of the trivial nature of the offence of which he is accused or
convicted; or