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For the purposes of paragraph (1) of this Article, 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 decision as to prosecution.
(3) A fugitive offender shall not be surrendered if he has been acquitted or pardoned or if
his prosecution is barred or his conviction set aside for any reason provided for under
the law of the requesting Party or the requested Party.
ARTICLE 6
DISCRETIONARY REFUSAL OF SURRENDER
(1) Surrender may be refused if the requested Party considers that:
(a) the offence is, having regard to all the circumstances, not sufficiently serious to
warrant the surrender;
(b) the offence for which surrender is sought was committed within the jurisdiction of
its courts and the requested Party will prosecute the person for the said offence;
(c) the surrender might place that Party in breach of its obligations under international
agreements; or
(d) in the circumstances of the case, including the age, health or other personal
circumstances of the person whose surrender is requested, the surrender of that
person would be unjust, oppressive, incompatible with humanitarian considerations
or too severe a punishment.
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