TNAG-0975-FCO40-1194-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-in-other--1980 — Page 105

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33.

Mention should also be made of the Austrian Extradition Law of 4 December 1979, which specifically excludes extradition if the person whose extradition is requested would be exposed in the requesting State to persecution by reason of his origin, race, religion, membership of a particular ethnic or social group, his nationality or political opinion 1/.

Conclusions

34.

From the explanations given in the preceding paragraphs, the following conclusions can be drawn?

(a) Cases in which the extradition of a refugee is requested give rise to special problems if the requesting State is one in relation to which the refugee may have reason to fear persecution;

(10) The traditional principles of extradition law, viz, the principle of non-extradition for political offences, the principle of double criminality and the principle of speciality do not in themselves give the refugee sufficient protection against extradition to a country where he may have reason to fear persecution;

(c) An extradition request made in respect of a common crime may, under certain conditions, indicate that the person whose extradition is requested is not a bona fide refugee or is excluded from refugee status;

(a) Whore, however, the circumstances of the case do not lead to this conclusion, the refugee should be fully protected against extradition to a country where he has reason to fear persecution, by virtue of the generally accepted principe of non-refoulement;

(c) The view that the principle of non-refoulement is applicable with respect to extradition has found increasing acceptance in recent years in multilateral and bilateral treaties relating to extradition, and in the constitutions and ordinary -- legislation of a number of States;

(f) It is desirable that States that are already bound by extradition treaties seek to ensure that such treaties are applied with due regard to the principle of non-refoulement;

(g) In line with the developments mentioned in paragraph (e) above, it is desirable that full effect be given to the principle of non-refoulement in all future treaties relating to extradition and as appropriate in national legislation on the subject;

(i) Where a request for the extradition of a refugee is addressed to a State where the refugee finds himself on a purely temporary basis, extradition having previously been refused by the refugec's State of habitual residence, every effort should be made to ensure that the proceedings are carried out expeditiously and that the period during which the refugee is required to remain in detention is reduced to the minimum. Moreover, the determination of refugee status by the authorities of the refugee's State of habitual residence should be treated as an important element when examinig the extradition request.

1/ Auslieferungs-und Rechtshilfegesetz of 4 September 1979, Bundesgesetzblatt, No. 529 of 1979.

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