b)
(c)
by reason of the passage of time since he is alleged to have committed it or to
have become unlawfully at large as the case may be; or
because the accusation against him is not made in good faith in the interests
of justice; or
(d)
because there exist other valid grounds, including humanitarian grounds
it would, having regard to all the circumstances, be unjust or oppressive to return him.
(4)
Surrender for an offence shall be refused if the person whose surrender is
sought cannot under the law of either Party be prosecuted or punished for that offence.
ARTICLE 6
Deferred surrender
If the person is being proceeded against or under punishment in the jurisdiction
of the requested Party for any other offence, his surrender shall be deferred until the
conclusion of the proceedings and the execution of any punishment awarded to him.
ARTICLE 7
Discretionary refusal of surrender
(1)
Each Party reserves the right to refuse a surrender which is requested pursuant
to or for the purpose of executing a conviction or sentence pronounced against the person
concerned in his absence from the proceedings in respect of which the conviction or sentence
was pronounced.
7
No comments yet.
Private notes are available after approval.