10
2.
(b) which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently.
The property mentioned in paragraph 1 of this Article shall be handed even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed.
3.
When the said property is liable to seizure or confiscation in the territory of the requested Party, the latter may, in connection with pend- ing criminal proceedings, temporarily retain it or hand it over on condition that it is returned.
4.
Any rights which the requested Party or third parties may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial.
1.
ARTICLE 21
TRANSIT
Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in Article 12, paragraph 1, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a polit- ical or purely military character having regard to Articles 3 and 4 of this Convention.
2.
Transit of a national, within the meaning of Article 6, of a country requested to grant transit may be refused.
3.
Subject to the provisions of paragraph 4 of this Article, it shall be necessary to produce the documents mentioned in Article 12, para- graph 2.
4.
If air transport is used, the following provisions shall apply: (a) when it is not intended to land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12, paragraph 2 (a) exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Art- icle 16, and the requesting Party shall submit a formal request for transit;
(b) when it is intended to land, the requesting Party shall
submit a formal request for transit.
No comments yet.
Private notes are available after approval.