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PUBLIC RECORD OFFICE
Reference :-
mwimmiC.O. 885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
28. Dealing in slaves in such a manner as to constitute a criminal offence against the laws of both States.
Extradition is also to be granted for participation in any of the aforesaid crimes, provided such participation be an extradition crime by the laws of the State applied to.
In the foregoing cases extradition shall take place only when the crime, if committed within the jurisdiction of the country on which the claim for surrender is made, would constitute an extradition crime by the laws of that country.
Extradition may also be granted, at the discretion of the State applied to, in respect of any other crime for which, according to the laws of both the Contracting Parties for the time being in force, the grant can be made.
The High Contracting Parties hereby undertake, as soon as their respective Legislatures empower them to do so, to enter into a further agreement to add to the list of crimes or offences for which extra- dition is to be granted the following, :—
1. Unlawfully and maliciously causing by any explosive substance, an explosion of a nature likely to endanger life, or to cause serious injury to property.
2. Unlawfully and maliciously doing any act with intent to cause by an explosive substance, ur conspiring to cause by an explosive substance, an explosion of a nature likely to endanger life, or to cause serious injury to property.
3. Unlawfully and maliciously making or having possession or control of any explosive substance, with intent-by means thereof—to endanger life, or cause serious injury to property, or to enable any other person—by means thereof—to endanger life, or cause serious injury to property.
And also to arrange for the mutual surrender to the country of which he is a subject “of any person who, being a subject of one of the Contracting Parties, shall within the dominions of the other Contracting Party, or in any third country, unlawfully and maliciously do any act with intent to cause by an explosive substance, or conspire to cause by an explosive substance, an explosion in the dominions of the Contracting Party demanding his surrender, of a nature likely to endanger life, or to cause serious injury to property, or who unlawfully and maliciously shall make, or have in his possession, ay under his control, any explosive substance with intent by means thereof to endanger lifa or cause serious injury to property in the dominions of the Contracting Party demanding his surrender, or to enable any other person by means thereof to endanger life, or cause serious injury lu property in such dominions.”
ARTICLE V.
The extradition shall not take place if, subsequently to the commission of the crime, or the institution of the penal prosecution, or the conviction thereon, exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applied to.
ARTICLE VI.
A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.
ARTICLE VII.
A person surrendered may in no case be kept in prison, or be brought to trial in the State to which the surrender has been made, for any other crime or on account of any other matters than those for which the extradition shall have taken place, until he has been restored or had an opportunity during one month of returning to the State by which he has been surrendered.
This stipulation does not apply to crimes committed after the extradition.
ARTICLE VIII.
The requisition for extradition shall be made through the Diplomatic Agents of the High Contracting Parties respectively.
The requisition for the extradition of an accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.
If the requisition relates to a person already convicted, it must be accompanied by the sentence of condemnation passed against the convicted person by the competent Court of the State that makes the requisition for extradition.
A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with us an accused person.
ARTICLE IX.
If the requisition for extradition be in accordance with the foregoing stipulations, the com- petent authorities of the State applied to shall proceed to the arrest of the fugitive.
ARTICLE X.
Pending the presentation of the demand for extradition through the Diplomatic channel, a fugitive criminal may be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in either country, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the Magistrate, Justice of the Peace, or other competent authority exercises jurisdiction: provided, however, that in the United Kingdom the accused shall, in such case, be sent as speedily as possible before a Magistrate. He shall, in accordance with this Article, be discharged, as well in the Netherlands as in the United Kingdom, if within the term of twenty days a requisition for extradition shall not have been made by the Diplomatic Agent of the demanding country in accordance with the stipulations of this Treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this Treaty, and committed on the high seas on board any vessel of either country which may come into a port of the other.
ARTICLE XI.
If the fugitive have been arrested in the British dominions he shall forthwith be brought before a competent Magistrate, who is to examine him, and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the British dominions.
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the British dominions shall admit as valid evidence, depositions, or statements on oath, or the affirmations of witnesses taken in the Netherlands, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows:-
1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the Netherlands. 2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or officer of the Netherlands to be the original depositions or affirmations, or to be the true copies thereof, as the case may require.
3. A certificate of, or judicial document stating the fact of, a conviction, must purport to be certified by a Judge, Magistrate, or officer of the Netherlands.
4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State of the Netherlands; but any other mode of authentication for the time being permitted by the law in that part of the British dominions where the examination is taken may be substituted for the foregoing.
ARTICLE XII.
If the fugitive have been arrested in the dominions of the Netherlands, the officer of justice shall prefer a requisition within three days after the arrest, or, if the arrest have not taken place, or if it have taken place prior to the application for extradition, then within three days after the receipt of authority for that purpose from the Netherland Government, in order that the person claimed may be interrogated by the Court, and that it may express its opinion as to the grant or refusal of extradition..
Within fourteen days after the interrogatory, the Court shall forward its opinion and its decision, with the papers in the case, to the Minister of Justice.
The extradition shall only be granted on the production, either in original or in authenticated
copy-
1. Of a conviction; or
2.-(a.) Of a warrant of arrest (which, by the law of the British dominions, is the only document which is granted when it is adjudged upon evidence taken on oath that the accused ought to be taken into custody), issued in the form prescribed by British legislation lau', and indicating the offence in question sufficiently to enable the Netherland Government to decide whether it constitutes, in contemplation of Netherland law, a case provided for by the present Treaty ; and—
(b.) of the evidence.
In the examinations which they have to make in accordance with the foregoing stipulations, the authorities of the Netherland dominions shall admit as valid evidence, depositions, or statements on oath, or the affirmations of witnesses taken in the British dominions, or copies thereof aud likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of, a conviction, provided the same are authenticated as follows:-
I. A warrant must purport to be signed by a Judge, Magistrate, or officer of the British dominions.
2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or officer of the British dominions to be the original depositions or affirmations, or to be true copies thereof, as the case may require.
3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Judge, Magistrate, or officer of the British dominions.
4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the oath of some witness, or by being sealed with the official seal of one of the Principal Secretaries of State or some other Minister of State of the British
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